1. Privacy

2. What We Will Cover Privacy and Computer Technology
“Big Brother is Watching You”
Privacy Topics
Protecting Privacy

3. USA PATRIOT Act Provisions Greater authority to monitor communications
Greater powers to regulate banks
Greater border controls
New crimes and penalties for terrorist activity
Tighter Internet surveillance
Searches and seizures without warrants
Warrants issued without need for showing probable cause

4. Dana Summers / Tribune Media Services TMS Reprints

5. Patriot Act Initial Successes
Charges against 361 individuals
Guilty pleas or convictions for 191 people
Shoe-bomber Richard Reid
John Walker Lindh
More than 500 people removed from United States
Terrorist cells broken up in Buffalo, Seattle, Tampa, and Portland (“the Portland Seven”)

6. Patriot Act Failure March 11, 2004 bombings in Madrid Spain
FBI makes Brandon Mayfield a suspect
Claims partial fingerprint match
Conducts electronic surveillance
Enters home without revealing search warrant
Copies documents and computer hard drives
Spanish authorities match fingerprint with an Algerian
Judge orders Mayfield released
FBI apologizes
U.S. government settled part of the lawsuit with Mayfield for a reported $2 million.

7. Syndromic Surveillance System
Created by New York City
Analyzes more than 50,000 pieces of information every day
911 calls
Visits to emergency rooms
Purchases of prescription drugs
Looks for patterns that might indicate an epidemic, bioterrorism, or an environmental problem
In the fall of 2002, the system detected a surge in people seeking treatment for vomiting and diarrhea.

8. 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

9. Privacy and Computer Technology
Key Aspects of Privacy:
Freedom from intrusion (being left alone)
Control of information about oneself
Freedom from surveillance (being tracked, followed, watched)
intentional, institutional uses of personal information ( primarily for law enforcement and tax collection in the government sector and for marketing and decision making in the private sector by both businesses and organizations) .
unauthorized use or release by insiders, the people who maintain the information . theft of information .
inadvertent leakage of information through negligence or carelessness .
our own actions ( sometimes intentional trade- offs and sometimes when we are unaware of the risks)

10. Privacy and Computer Technology (cont.)
New Technology, New Risks:
Government and private databases
Sophisticated tools for surveillance and data analysis
Vulnerability of data
Today there are thousands of databases, both government and private, containing personal information about us. Some of this information, such as our specific purchases in supermarkets and bookstores, was simply not recorded in the past.
The wireless appliances we carry contain global positioning system ( GPS) devices and other location devices. They enable others to determine a persons location and track a persons movements. Teenagers and college students put the facts of their lives on social- networking sites. Patients refill prescriptions and check results of medical tests on the Web. They correspond with doctors by e- mail. We store our photos and videos, fill out our tax forms, and create and store documents and financial spreadsheets on Web sites instead of on our own computer. These services have benefits, of course, but they expose us to increased privacy risk.

11. Privacy and Computer Technology (cont.)
Terminology:
Invisible information gathering - collection of personal information about someone without the person’s knowledge
Secondary use - use of personal information for a purpose other than the one it was provided for
Search engines use such information to better guess the context for your search. Search engine companies want to know how many pages of search results users actually look at, how many they click on, how they refine their search queries, what spelling errors they commonly make. The companies analyze the data to improve search services, to target advertising better, and to develop new products and services. The database of past queries also provides realistic input for testing and evaluating modifications in the algorithms search engines use to select and rank results. Search query data are valuable to many companies besides search engine companies. By analyzing search queries, companies draw conclusions about what kinds of products and features people are looking for. They modify their products to meet consumer preferences.
Cookies are files a Web site stores on each visitors computer. The site stores within the cookie, and then uses, information about the visitors activity. For example, a retail site might store information about products we looked at and the contents of our virtual shopping cart. On subsequent visits, the site retrieves information from the cookie. Many Web sites use cookies. They help companies provide personalized customer service and target advertising to the interests of each visitor.
customer contracts or policy statements inform customers, members, and subscribers about a business orWeb site policy on collecting and using data, but many people simply do not read them. And if they read them, they forget. Thus, there can be a significant privacy impact from the many automated systems that collect information in unobvious ways, even when people have been informed.
One of the big concerns about privacy is the degree of control a person should have over secondary uses of his or her personal data. The variety of uses illustrated by the few examples we just gave suggests that different solutions are appropriate for different users and different uses.

12. Privacy and Computer Technology (cont.)
Terminology (cont.):
Data mining - searching and analyzing masses of data to find patterns and develop new information or knowledge
Computer matching - combining and comparing information from different databases (using social security number, for example, to match records)
release of a huge database of search queries at AOL showed that privacy violations occur even when the company does not associate the queries with peoples names. Against company policy, an employee put the data on a Web site for search technology researchers. It included more than 20 million search queries of more than 650,000 people from a three- month period. The data identified people by coded ID numbers, not by name. However, it was not difficult to deduce the identity of some people, especially those who searched on their own name or address. A process called re- identification identified others. Re- identification means identifying the individual from a set of anonymous data. Journalists and acquaintances identified people in small communities who searched on numerous specific topics, such as the cars they own, the sports teams they follow, their health problems, and their hobbies. Once identified, a person is linked to all his or her other searches. AOL quickly removed the data, but journalists, researchers, and others had already copied it. Some made the whole data set available on theWeb again.

13. Privacy and Computer Technology (cont.)
Terminology (cont.):
Computer profiling - analyzing data in computer files to determine characteristics of people most likely to engage in certain behavior
Businesses use these techniques to find likely new customers. Government agencies use them to detect fraud, to enforce other laws, and to find terrorist suspects or evidence of terrorist activity.

14. Privacy and Computer Technology (cont.)
Principles for Data Collection and Use:
Informed consent: When people are informed about the data collection and use policies of a business or organization, they can decide whether or not to interact with that business or organization.
Opt-in and opt-out policies
Opt-in: consumer must explicitly give permission for the organization to share info
Opt-out: consumer must explicitly forbid an organization from sharing info
Fair Information Principles (or Practices)
Data retention policies
Independent of ethical and market considerations, the U. S. government and some European countries are developing legal requirements that companies retain Use of ISP logs to catch hackers: such data ( and that ISPs retain customer activity data) for up to two years in case a government agency wants access to the data for an investigation. Governments usually cite investigations of child pornography, terrorism, and other law enforcement purposes as reasons for retaining the records. This is one of many examples where government interests are in opposition to privacy protection.

15. Federal Trade Commission’s (FTC)Fair Information Policies
Inform people when personally identifiable information about them is collected, what is collected, and how it will be used. .
Collect only the data needed. .
Offer a way for people to opt out from mailing lists, advertising, transfer of their data to other parties, and other secondary uses. .
Provide stronger protection for sensitive data, for example, an opt- in policy for disclosure of medical data. .
Keep data only as long as needed. .
Maintain accuracy of data. Where appropriate and reasonable, provide a way for people to access and correct data stored about them. . Protect security of data ( from theft and from accidental leaks). .
Develop policies for responding to law enforcement requests for data.

16. 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
Terminated this initiative and paid $9.5 million in lawsuit

17. Privacy and Computer Technology Discussion Questions
Have you seen opt-in and opt-out choices? Where? How were they worded?
Were any of them deceptive?
What are some common elements of privacy policies you have read?
online opt-in choices may be pre-checked and require you un-checking the box to avoid opting in.
"subject to change without notice" clause found in most privacy policies.

18. "Big Brother is Watching You"
Databases:
Government Accountability Office (GAO) - monitors government's privacy policies
Data mining and computer matching to fight terrorism
Is the information it uses or collects accurate and useful? Will less intrusive means accomplish a similar result? Will the system inconvenience ordinary people while being easy for criminals and terrorists to thwart? How significant are the risks to innocent people?
he Government Accountability Office ( GAO) is Congresss watchdog agency. 16 One of its tasks is to monitor the governments privacy policies. A major GAO study, released in 1990, showed lack of compliance with the Privacy Act of In 1996, Congress investigated a secret database that the White House maintained on 200,000 people with more than a hundred fields of data for each person, including ethnic and political information. A GAO study of 65 governmentWeb sites in 2000 found that only 3% of theWeb sites fully complied with the fair information standards for notice, choice, access, and security established by the Federal Trade Commission ( FTC) for commercial Web sites. The FTCsWeb site was one that did not comply. In 2005, the GAO reported that the IRS, the Federal Bureau of Investigation ( FBI), the State Department, and other agencies that use data mining to detect fraud or terrorism did not comply with all rules for collecting information on citizens. 17 The IRS is a major secondary user of personal information. For example, it matches tax data for individuals and small businesses with a variety of federal and state government records. It scans vehicle registration records for people who own expensive cars and boats. It searches professional license records for people who are likely to have large incomes. It searches a database of suspicious cash transactions, examining transactions of millions of taxpayers. ( Banks and other businesses are required to report all large, and suspicious small, cash transactions to the government.)

19. Sample Government Database

20. Privacy Act of 1974

21. US constitution – 4th amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

22. "Big Brother is Watching You" (cont.)
The Fourth Amendment, Expectation of Privacy and Surveillance Technologies:
Weakening the Fourth Amendment
Patriot Act
Modern surveillance techniques are redefining expectation of privacy

23. "Big Brother is Watching You" (cont.)
Video Surveillance:
Security cameras
Increased security
Decreased privacy
It is estimated that there are four million surveillance cameras in Britain, many outdoors in public places to deter crime. A Londoner is likely to be recorded dozens of times a day.
In 2005, photos taken by the surveillance cameras helped identify terrorists who planted bombs in the London subway.
Cameras alone raise some privacy issues. When combined with face- recognition systems, they raise even more privacy issues.
The Tampa, Florida police used a computer system to scan the faces of all 100,000 fans and employees who entered the 2001 Super Bowl – American football ( causing some reporters to dub it Snooper Bowl). The system searched computer files of criminals for matches, giving results within seconds. People were not told that their faces were being scanned. The Tampa police installed a similar system in a neighborhood of popular restaurants and nightclubs. Police in a control room zoomed in on individual faces and checked for matches in their database of suspects. 37 In two years of use, the system did not recognize anyone that the police wanted, but it did occasionally identify innocent people as wanted felons. The Tampa police stopped using the system.

24. "Big Brother is Watching You" (cont.) Discussion Questions
What data does the government have about you?
Who has access to the data?
How is your data protected?
Is Privacy a fundamental right in Pakistan as per constitution?
What are the Privacy Issues in Pakistan from legal, social and cultural perspective?

25. Diverse Privacy Topics
Marketing, Personalization and Consumer Dossiers:
Targeted marketing
Data mining
Paying for consumer information
Data firms and consumer profiles
Personalization of data to attract customers
When someone consents to a company’s use of his or her consumer information, the person probably has no idea how extensive the company is and how far the data could travel. Many companies that maintain huge consumer databases buy ( or merge with) other companies, combining data to build more detailed databases and dossiers.
The Democratic and Republican parties use extensive databases on tens of millions of people to profile those who might vote for their candidates. The parties determine what issues to emphasize ( and which to omit) in personalized campaign pitches. The databases include hundreds of details such as job, hobbies, type of car, union membership. One party might send a campaign flyer to a conservative union member that emphasizes its labor policy but does not mention, for example, abortion, while the other party might do the opposite.
Marketers began using thousands of criteria ( instead of just age, gender, and neighborhood) to decide who gets a specific catalog or promotional offer. American Express began to mine hundreds of billions of bytes of data on how customers spent hundreds of billions of dollars. Supermarket chains store a years worth of data, or more, on the details of customer purchases. Companies sell lists of e- mail addresses organized by peoples interest areas, including general interests, hobbies, religion, and adult.
The displays, ads, prices, and discounts you see when shopping online might be different from those others see. Some such targeting is reasonable: A clothing Web site does not display winter parkas on its home page for a shopper from Florida. Some sites offer discounts to first- time visitors ( determined, perhaps, by lack of a cookie). Some display any of hundreds of variations of a page depending on time of day, gender, location, and dozens of other attributes of a persons session. If a person hesitates over a product, a Web site might offer something extra, perhaps free shipping. Is

26. Diverse Privacy Topics (cont.)
Location Tracking:
Global Positioning Systems (GPS) -computer or communication services that know exactly where a person is at a particular time
Cell phones and other devices are used for location tracking
Pros and cons

27. Examples of Location Based Services
Providing information about nearby restaurants of a particular kind, the nearest automated teller machine, hospital, or dry cleaners, based on the location of your cell phone or laptop.
Navigation aids for blind people on foot.
Devices that enable locating a stolen vehicle.
Navigation systems for cars.
Alerting you ( by cell phone) if any of your friends are nearby.
Locating people, possibly injured or unconscious and buried in rubble, after an earthquake or bombing. .
Tracking children on a school outing at a park or museum.

28. Diverse Privacy Topics (cont.)
Stolen and Lost Data:
Hackers
Physical theft (laptops, thumb-drives, etc.)
Requesting information under false pretenses
Bribery of employees who have access
Except for hackers, these are not new to computer technology. Before computers, files were stolen, receipts were stolen, information was requested under false pretenses and employees were bribed. But, with computers, the extent and impact have grown.
A federal law ( Health Insurance Portability and Accountability Act, HIPAA) specifies strong penalties for medical organizations that do not follow detailed privacy regulations. The Privacy Act provides for payments when government agencies improperly disclose personal data.

29. Examples of stolen/lost data
Student and/ or alumni files from the University of California, Georgia Tech, Kent State, and several other universities, some with SSNs and birth dates. ( Hackers accessed a University of California, Los Angeles, database with personal data on roughly 800,000 current and former students, faculty, and staff members.) . \
Records of almost 200,000 current and former employees of Hewlett- Packard ( on a laptop stolen from Fidelity Investments) .
Medical data on more than 20,000 patients in MediCal, Californias state health insurance system .
Confidential contact information for more than one million job seekers ( stolen from Monster. com by hackers using servers in Ukraine)
A survey of taxi drivers in London found that passengers left almost 5,000 laptops in taxicabs within a six- month period. Many, perhaps, contained only the personal information of the owner ( and friends, family, and correspondents). Most likely were business laptops containing personal and business information

30. Diverse Privacy Topics (cont.)
What We Do Ourselves: “Broadcast Yourself”
Personal information in blogs and online profiles
Pictures of ourselves and our families
File sharing and storing
Is privacy old-fashioned?
Young people put less value on privacy than previous generations
May not understand the risks or you are ok with it.

31. Diverse Privacy Topics (cont.)
Public Records: Access vs. Privacy:
Public Records - records available to general public (bankruptcy, property, and arrest records, salaries of government employees, etc.)
Identity theft can arise when public records are accessed
How should we control access to sensitive public records?

32. Diverse Privacy Topics (cont.)
Children:
The Internet
Not able to make decisions on when to provide information
Vulnerable to online predators
Parental monitoring
Software to monitor Web usage
Web cams to monitor children while parents are at work
GPS tracking via cell phones or RFID

33. Diverse Privacy Topics Discussion Questions
Is there information that you have posted to the Web that you later removed? Why did you remove it? Were there consequences to posting the information?
Have you seen information that others have posted about themselves that you would not reveal about yourself?

34. Protecting Privacy Technology and Markets:
Privacy enhancing-technologies for consumers
Encryption
Public-key cryptography
Business tools and policies for protecting data

35. Protecting Privacy (cont.)
Rights and laws:
Theories
Warren and Brandeis
Thomson
Transactions
Ownership of personal data
Regulation
Health Insurance Portability and Accountability Act (HIPAA)

36. HIPAA
Limits how doctors, hospitals, pharmacies, and insurance companies can use medical information
Health care providers need signed authorization to release information
Health care providers must provide patients with notice describing how they use medical information

37. Protecting Privacy (cont.)
Privacy Regulations in the European Union (EU):
Data Protection Directive
More strict than U.S. regulations
Abuses still occur
Puts requirements on businesses outside the EU
hile the EU has much stricter regulations than the U. S. on collection and use of personal information by the private sector, some civil libertarians believe that theEuropean Directive does not provide enough protection from use of personal data by government agencies. Although the directive says that data should not be kept longer than necessary, European countries require that ISPs and telephone companies retain records of customer communications ( date, destination, duration, etc.) for up to two years and make them available to law enforcement agencies. The EU said it needs this requirement ( effective since 2007) to fight terrorism and organized crime. 101 The EUs strict privacy directive does not prevent some of the same abuses of personal data that occur in the United States. In Britain, for example, the Information Commissioner reported that data brokers use fraud and corrupt insiders to get personal information. As in the U. S., customers of illegal services include journalists, private investigators, debt collectors, government agencies, stalkers, and criminals seeking data to use for fraud
The EUData PrivacyDirective prohibits transfer of personal data to countries outside the EU that do not have an adequate system of privacy protection. This part of the directive caused significant problems for companies that do business both in and outside Europe and might normally process customer and employee data outside the EU. In 2001, the EU determined that Australia, for example, did not have adequate privacy protection. Australia allows businesses to create their own privacy codes consistent with the governments National Privacy Principles. The U. S. has privacy laws covering specific areas such as medical information, video rentals, drivers license records, but does not have comprehensive privacy laws covering all personal data. The EU agreed to the Safe Harbor plan, under which companies outside the EU that agree to abide by a set of privacy requirements similar to the principles in theData ProtectionDirective may receive personal data from the EU. 103 After 2001, screening of air travel passengers from Europe to the U. S. raised problems. The U. S. wanted more information about the passengers than the EU wanted to provide. Negotiations for compromises continue.

38. 1. Personal data may be collected only for specified, explicit purposes and must not be processed for incompatible purposes.
2. Data must be accurate and up to date. Data must not be kept longer than necessary.
3. Processing of data is permitted only if the person consented unambiguously, or if the processing is necessary to fulfill contractual or legal obligations, or if the processing is needed for tasks in the public interest or by official authorities to accomplish their tasks ( or a few other reasons).
4. Special categories of data, including ethnic and racial origin, political and religious beliefs, health and sex life, and union membership, must not be processed without the subjects explicit consent. Member nations may outlaw processing of such data even if the subject does consent.
5. People must be notified of the collection and use of data about them. They must have access to the data stored about them and a way to correct incorrect data.
6. Processing of data about criminal convictions is severely restricted.

39. Protecting Privacy Discussion Question
How would the free-market view and the consumer protection view differ on errors in Credit Bureau databases?
Who is the consumer in this situation?

40. Communication Wiretapping and E-mail Protection: Telephone
1934 Communications Act prohibited interception of messages
1968 Omnibus Crime Control and Safe Streets Act allowed wiretapping and electronic surveillance by law-enforcement (with court order)
and other new communications
Electronic Communications Privacy Act of 1986 (ECPA) extended the 1968 wiretapping laws to include electronic communications, restricts government access to
The Electronic Communications Privacy Act of 1986 ( ECPA), with amendments in 1994, extended the 1968 wiretapping restrictions to electronic communication, including e- mail, cordless and cellular telephones, and paging devices. This was a significant step toward protecting privacy in cyberspace from private and Expectation of privacy: governmental snooping. It requires that the government get a court order to legally intercept e- mail or read stored e- mail. Controversy continued about the standard law enforcement agencies must meet to obtain copies of stored e- mail. The government argued that people give up their expectation of privacy by allowing ISPs to store their e- mail on the ISPs computers.

41. Communication (cont.)
Designing Communications Systems for Interception:
Communications Assistance for Law Enforcement Act of 1994 (CALEA)
Telecommunications equipment must be designed to ensure government can intercept telephone calls
Rules and requirements written by Federal Communications Commission (FCC)
The FBI, arguing that technology was interfering with its ability to intercept telephone calls, helped draft and lobbied for the Communications Assistance for Law Enforcement Act of 1994 ( CALEA). This law requires that telecommunications equipment be designed to ensure that the government can intercept telephone calls ( with a court order or other authorization). In the past, engineers designed communications equipment for its communications purpose. The FBI developed its tools for interception, and communications providers had to assist.
he essential argument in favor of CALEA ( and other government programs to intercept communications) is to maintain the ability of law enforcement agencies to protect us from drug dealers, organized crime, other criminals, and terrorists in a changing technological environment. The prospect of trying to enforce laws without a nationwide standard for surveillance would turn enforcement into a nightmare, according to the FBI. 110 The problems with CALEA and other programs to intercept communications, according to critics, include threats to privacy and civil liberties, the potential for abuse by government, and side effects that threaten the security of communications systems. The idea of communications technology designed for a nationwide standard for surveillance is a nightmare to those who place high value on privacy and civil liberties. CALEA was a compromise. Congress made it clear that the law was not intended to extend law enforcements surveillance power. The law contains a few limitations on government activity. For example, it limits authority to obtain tracking and location information for cell phone users. It was not supposed to apply to information services, that is, to much of the Internet.

42. Communication (cont.) Encryption
Process of transforming a message in order to conceal its meaning
Valuable tool for maintaining privacy
Encryption Policy:
Government ban on export of strong encryption software in the 1990s (removed in 2000)
Pretty Good Privacy (PGP)

43. Identity Theft
Identity theft: misuse of another person’s identity to take actions permitted the owner
Credit card fraud #1 type of identity theft
Ease of opening accounts online contributes to problem
About 10 million U.S. victims in 2008
Typical for a victim to spend hundreds of hours cleaning up problem

44. Gaining Access to Information
43% of cases involve stolen wallet, credit card, checkbook, or other physical document
13% of cases are “friendly thefts”
Dumpster diving
Shoulder surfing

45. Phishing and Pharming
Phishing: gathering personal information via a fraudulent spam message
Pharming: creation of an authentic-looking Web site to fool people into revealing personal information
Phishing and pharming often linked; spam message contains link to fraudulent Web site