Basics of Privacy TC 310 June 16, 2008. Protections of Privacy Not explicitly protected (by Right)‏  Fourth Amendment is closest Penumbra Protection.

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Presentation transcript:

Basics of Privacy TC 310 June 16, 2008

Protections of Privacy Not explicitly protected (by Right)‏  Fourth Amendment is closest Penumbra Protection  Developed overtime  “Basic” Definition is “Right to be left alone FTC v. American Tobacco (1923)‏  Expectation of privacy Privacy Statements  FTC

Wiretaping Initially not protected by 4 th Amendment  Just signals Katz v. U.S. (1967)‏  Overturns original thoughts about privacy  Expectation of privacy prevails 1968 Wiretap Act  Protect privacy, create exceptions explicitly  Not covering anything except wireline!

Electronic Communications Privacy Act 1986 Covers any human voice communication  Amends 1968 Wiretap Act Illegal also to intercept non-voice components  Does not protect existence of communication What role do carriers play in assisting law enforcement?

Assisting Law Enforcement Original 1968 Wiretap Act  No obligation Creates ambiguity  Courts reject law enforcement efforts Communications Assistance for Law Enforcement Act of 1994 (CALEA)‏  Must assist  Make adjust networks, with compensation  All new techs must comply

What about Data? Electronic Communications Privacy Act  Data is protected  1994 amendment makes this explicit 1996 Antiterrorism Act  Data is no longer protected  Data can be tapped like voice  DoJ NOT treating voice and data separate

Signal Piracy Interception by unauthorized users  Consumer breaches  Descrambling devices  Interception of wireless  Mostly used by Broadcast TV Cable Communications Policy Act  1984  Forbids above legislatively for cable

Protecting Information Previous privacy deals with content Centralized repositories of information  Government Who's rights matter more  Businesses Categories Individual (private)‏ Aggregate (public)‏ Subscriber lists (public)‏

Patriot Act and Privacy Broad powers  Law enforcement more capable of monitoring  Telecom companies can't complain  Warrants are mandated, no judicial review  Not limited to “terrorism”  Allows domestic “spying”

Big Picture Privacy is an assumed right  Some protection, not as much as we think Recent legislation has eroded What is balance point  Government v. Citizens Internet is public, is there any privacy?  Howard book example

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