uses of surveillance
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LIS 550 Winter 2010 Kris Unsworth Tuesday, February 23, 2010. Uses of surveillance. Employee Monitoring: Evaluative Surveillance v. Privacy. Moore, A.D. 2005 Information Ethics: Privacy, Property and Power. Cyberlollygagging. - PowerPoint PPT PresentationTRANSCRIPT
USES OF SURVEILLANCE
LIS 550 Winter 2010Kris UnsworthTuesday, February 23, 2010
Moore, A.D. 2005 Information Ethics: Privacy, Property and Power
Employee Monitoring: Evaluative Surveillance v. Privacy
Cyberlollygagging
60.7% of people surveyed said they surf the internet and use email for personal purposes at work (WebSense, 2001).
Is this really a problem?
“control” based definition of privacy
“the right to maintain a certain amount of control over the inner spheres of personal information” (Moore 2005, p. 182)
“control over access to oneself and to information about oneself” (ibid. p. 252)
William Prosser’s four torts Intrusion: Intruding (physically or
otherwise) upon the solitude of another in a highly offensive manner.
Private facts: Publicizing highly offensive private information about someone which is not of legitimate concern to the public.
False light: Publicizing a highly offensive and false impression of another.
Appropriation: Using another’s name or likeness for some advantage without the other’s consent.
Tokens and types
Right to control access to a specific token: Bodily privacy -- a right to control access to
and uses of one’s body, capacities, and powers
Could also be called “Physical Privacy” or “Spatial Privacy”
Right to control types: Information about oneself – a right to control
over use of personal information Information may take many forms – written,
recorded, video, etc…
Criteria for justifiable invasion of privacy1. For what purpose is the undocumented personal
knowledge sought? 2. Is this purpose a legitimate and important one? 3. Is the knowledge sought through invasion of privacy
relevant to its justifying purpose? 4. Is invasion of privacy the only or the least offensive
means of obtaining the knowledge? 5. What restrictions or procedural restraints have been
placed on the privacy-invading techniques? 6. How will the personal knowledge be protected once it
has been acquired? Parent, W. “Privacy, Morality and the Law” Philosophy &
Public Affairs 12, 4 (Fall 1983) p. 269.
Do we give up claims to privacy when we’re at work?
Employee monitoring Drug testing Closed circuit video
monitoring Internet monitoring and
filtering E-mail monitoring Instant message
monitoring Phone Location Personality and
psychological testing Keystroke logging
Legislation 1986 Electronic Communications Privacy Act
“prohibits unauthorized interception of electronic communications, including e-mail. However, the law exempts service providers from its provisions, which is commonly interpreted to include employers who provide email and internet access” http://www.scu.edu/ethics/publications/iie/v9n2/brother.html
National Labor Relations Act Provides framework for fair labor practices and labor organizing
Employee Polygraph Protection Act Protects private-sector workers from exposure to polygraph
testing. Government employees and certain government contractors are still subject to examination
State statutes Connecticut – statute requires employers alert employees if they
use electronic monitoringhttp://epic.org/privacy/workplace/
Employee rights to privacy Smyth v. Pillsbury Co. 914 F. Supp.
97 (E.D. Pa., 1996) “kill the backstabbing bastards”
Gerald Biby v. Board of Regents of the University of Nebraska at Lincoln, et al. No. 04-3878, 419 F.3d 845 (8th Cir., August 22, 2005)
Thin consent
Notification that monitoring will take place and if one wants to continue working a condition of employment is agreeing to such surveillance
Hypothetical thick consent Imagining a pro-employee situation
and then asking what an employee would do in the face of some kind of surveillance
UW Information Systems Securityb. Monitoring User Accounts, Files, and AccessThe UW does not routinely inspect or monitor the use of computers. However, the
normal operation and maintenance of UW computing and network resources require authorized UW staff to back up and cache data and communications, log activity, monitor general usage patterns, and perform other activities that are necessary for the delivery and availability of service.
Receipt of a report or discovery of inappropriate or unauthorized use of computing and network resources may trigger monitoring and investigation by authorized UW staff.
UW systems owners and operators may specifically monitor the activity of individual users including files, session logs, content of communications, and Internet access without notice, when:
The user's activity prevents access to computing and network resources by others. General usage patterns indicate that unacceptable activity is occurring. There is reasonable cause to believe that a user has violated or is violating policy or
law. It appears necessary to do so to protect the UW from liability.It is required by and consistent with law.Evidence of misuse of computing resources will be referred to appropriate UW
officials. Evidence of possible criminal activity, which could include user files, email, and/or activity logs, will be turned over to appropriate UW and law enforcement officials.
Necessary surveillance Licensing Insurance concerns Employee protection Preventing theft of proprietary
information Identifying cases of sexual
harassment or hostile work environments
Cybersecurity
Current Events!
Philly student laptops
http://www.philly.com/inquirer/home_top_stories/20100219_Student_claims_school_spied_on_him_via_computer_webcam.html
The story seems to be a bit more complex than this. Interesting background and discussion with someone whose kids are at the same school:
http://www.facebook.com/marc.rotenberg
GULP!
http://mashable.com/2010/02/18/school-spies-on-kids-through-webcams/
DNA
"Many parents don't realize their baby's DNA is being stored in a government lab, but sometimes when they find out, as the Browns did, they take action. Parents in Texas, and Minnesota have filed lawsuits, and these parents' concerns are sparking a new debate about whether it's appropriate for a baby's genetic blueprint to be in the government's possession."
http://www.cnn.com/2010/HEALTH/02/04/baby.dna.government/?hpt=C1
Indigenous people and cultural property http://www.nytimes.com/2010/02/08/
opinion/08riley.html
"American intellectual property laws, except in very specific circumstances, do not protect indigenous peoples’ collective cultural property."
Twitter use by Congress
I thought some of you might be interested in this report about the use of Twitter by Congress members: http://www.fas.org/sgp/crs/misc/R41066.pdf
Google Buzz
I thought this may be of interest to some of you. Here are some thoughts regarding privacy and Google's new Buzz feature.
http://quartz.syr.edu/rdlankes/blog/?p=941
and then Library Garden's response...
http://tinyurl.com/yfs2pxu
CCTV and sky police
I read this article the other day and forwarded it to my presentation group, but I thought that it might be interesting to everyone. It talks about how the UK police are going to start using military-type unmanned aircraft to monitor people as early as 2012. Definitely an extension of the "well, if you're not doing anything wrong you have nothing to fear" argument. I wonder what it is about the UK that has made them a "surveillance state" more so than other countries?
http://www.guardian.co.uk/uk/2010/jan/23/cctv-sky-police-plan-drones
My favorite part is where they say one of their goals is to prevent tractor theft.
I love Alaska
a recent case in which anonymity itself can backfire is the documentary film "i love alaska" (http://www.minimovies.org/documentaires/view/ilovealaska). a couple of Dutch filmmakers produced this film based on the profile of an anonymous user selected from the AOL search data released in 2006. the film is on the one hand very interesting: the filmmakers saw the queries of this anonymous user as her prose and used it to narrate their film (without her knowledge). one of the interesting developments of our digital times has been the possibility of "participatory surveillance" (Albrechtslund,2008) which the film confronts the viewer with. (from surveillance listserv)