Chapter 5: Privacy Ethics for the Information Age Fourth Edition by Michael J. Quinn Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley Chapter Overview (2/2) Covert government surveillance U.S. legislation authorizing wiretapping Data mining Identity theft Encryption Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-3 Chapter Overview (1/2) Introduction Perspectives on privacy Disclosing information Ways information becomes public U.S. legislation Public records Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley Introduction Information collection, exchange, combination, and distribution easier than ever More information access → less privacy Trade-offs - Privacy vs. need for credentials - Privacy vs. desire for free expression - Privacy vs. safety / security Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley Perspectives on Privacy © Wiley Miller Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-5 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-6 1

Defining Privacy Privacy related to notion of access Access - Physical proximity to a person - Knowledge about a person Edmund Byrne: Privacy is a “zone of inaccessibility” Edward Bloustein: Privacy violations are an affront to human dignity Too much individual privacy can harm society Where to draw the line? Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-7 Benefits of Privacy Individual growth Individual responsibility Freedom to be yourself Intellectual and spiritual growth Development of loving, trusting, caring, intimate relationships Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-9 Do People Have the Right to Be Left Alone? Chris Uncle / Film Magic / Getty Images Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-11 Harms of Privacy Cover for illegal or immoral activities Burden on the nuclear family Hidden dysfunctional families Ignored people on society’s fringes Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-8 Is There a Natural Right to Privacy? Morton Levine: Privacy rights stem from property rights: “a man’s home is his castle” Coercive Acts before American Revolution led to 3 rd Amendment to U.S. Constitution Samuel Warren and Louis Brandeis: People have “the right to be let alone” Judith Jarvis Thomson: “Privacy rights” overlap other rights Stanley Benn and Jeffrey Reiman: Privacy is a prudential right Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-10 National Do Not Call Registry FTC responded to public opinion - Created Do Not Call Registry in More than 50 million phone numbers registered before it even took affect Example of how privacy is treated as a prudential right - Benefit of shielding people from telemarketers judged to be greater than harm caused by limiting telephone advertising Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley

Privacy and Trust Modern life more private Challenge: living among strangers Remedy: establishing reputations Ordeal, such as lie detector test or drug test - Credential, such as driver’s license, key, ID card, college degree Establishing reputation is done at the cost of reducing privacy Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-13 Case Study: Secret Monitoring Act utilitarian evaluation Rule utilitarian evaluation Kantian evaluation Social contract theory evaluation Alternative courses of action that would be morally acceptable Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-15 Solove’s Taxonomy of Privacy A wide variety of activities can lead to privacy concerns Privacy-related activities can be put into 4 categories: - Information collection: gathering personal information - Information processing: storing, manipulating, and using information that has been collected - Information dissemination: spreading personal information - Invasion: intruding upon a person’s daily life Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley Disclosing Information Public record: information for public access Public information: information revealed to an organization that has right to share it Personal information: undisclosed information Types of disclosures - Voluntary - Involuntary - Statutory Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-16 Disclosures Make Personal Information Public Voluntary, Involuntary, and Statutory Disclosures Personal Public Public Information Information Records Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley Public Information Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley

Ways Information Becomes PublicBody Scanner Takes Measurements Rewards or loyalty programs Body scanners Digital video recorders Automobile “black boxes” Enhanced 911 service RFIDs Implanted chips Cookies Spyware AP/Wideworld Photos Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-19 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-20 RFID Tags Speed Inventory Process5.9 Data Mining Data mining - Searching for patterns or relationships in one or more databases - Way to generate new information Secondary use: information collected for one purpose used for another purpose Information about customers is a valuable commodity Courtesy of Tibbett & Britten Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-21 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-22 Secondary Uses of Information W Corp. Data mining Direct mail (secondary use) BUY! X Corp. Y Corp. Z Corp. Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-23 Marketplace: Households Lotus Development Corporation developed CD with information on 120 million Americans Planned to sell CD to small businesses that wanted to create mailing lists based on various criteria, such as household income More than 30,000 consumers complained to Lotus about invasion of privacy Lotus dropped plans to sell CD Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley

IRS Audits IRS uses computer matching and data mining to look for possible income tax fraud Computer matching: matching tax form information with information provided by employers, banks, etc. Data mining: searching through forms to detect those that appear most likely to have errors resulting in underpayment of taxes Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-25 Syndromic Surveillance System Created by New York City Analyzes more than 50,000 pieces of information every day calls - Visits to emergency rooms - Purchases of prescription drugs Looks for patterns that might indicate an epidemic, bioterrorism, or an environmental problem Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-26 Telecommunications Records Database Created by National Security Agency after 9/11 Contains phone call records of tens of millions of Americans NSA analyzing calling patterns to detect terrorist networks Phone records voluntarily provided by several major telecommunications companies USA Today revealed existence of database in May 2006 Several dozen class-action lawsuits filed August 2006: Federal judge in Detroit ruled program illegal and unconstitutional July 2007: U.S. Court of Appeals overturned ruling, saying plaintiffs did not have standing to bring suit forward Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley Total Information Awareness Proposed by Information Awareness Office of U.S. Defense Advanced Research Projects Agency (DARPA) Goal: identify terrorists Means: capture “information signatures” and looks for terrorist-like patterns of activity Financial, medical, communication, travel, and other records examined 1-27 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-28 Criticisms of the TIA Program Large security and privacy risks Increase risk of identity theft No ability for citizens to check data reliability May hurt competitiveness of U.S. companies Identity theft introduces noise into database False positives could unfairly target millions of Americans Knowing about TIA will change people’s behavior Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-29 Ownership of Transaction Information Who controls transaction information? - Buyer? - Seller? - Both? Opt-in: consumer must explicitly give permission for the organization to share info Opt-out: consumer must explicitly forbid an organization from sharing info Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley

Facebook Beacon Fandango, eBay, and 42 other online businesses paid Facebook to do “word of mouth” advertising Facebook users surprised to learn information about their purchases was shared with friends Beacon was based on an opt-out policy Beacon strongly criticized by various groups Facebook switched to an opt-in policy regarding Beacon Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley