What We Will CoverPrivacy and Computer Technology“Big Brother is Watching You”Privacy TopicsProtecting Privacy

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USA PATRIOT ActProvisions

Greater authority to monitor communicationsGreater powers to regulate banksGreater border controlsNew crimes and penalties for terrorist activityTighter Internet surveillanceSearches and seizures without warrantsWarrants issued without need for showing

probable cause

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Dana Summers / Tribune Media Services TMS Reprints

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Patriot Act Initial SuccessesCharges against 361 individuals

Guilty pleas or convictions for 191 peopleShoe-bomber Richard ReidJohn Walker Lindh

More than 500 people removed from United States

Terrorist cells broken up in Buffalo, Seattle, Tampa, and Portland (“the Portland Seven”)

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Patriot Act FailureMarch 11, 2004 bombings in Madrid SpainFBI makes Brandon Mayfield a suspect

Claims partial fingerprint matchConducts electronic surveillanceEnters home without revealing search warrantCopies documents and computer hard drives

Spanish authorities match fingerprint with an AlgerianJudge orders Mayfield releasedFBI apologizes

U.S. government settled part of the lawsuit with Mayfield for a reported $2 million.

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Syndromic Surveillance SystemCreated by New York CityAnalyzes more than 50,000 pieces of

information every day911 callsVisits to emergency roomsPurchases 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.

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Telecommunications Records DatabaseCreated by National Security Agency after 9/11Contains phone call records of tens of millions of

AmericansNSA analyzing calling patterns to detect terrorist networksPhone records voluntarily provided by several major

telecommunications companiesUSA Today revealed existence of database in May 2006Several dozen class-action lawsuits filedAugust 2006: Federal judge in Detroit ruled program

illegal and unconstitutionalJuly 2007: U.S. Court of Appeals overturned ruling, saying

plaintiffs did not have standing to bring suit forward

Privacy and Computer TechnologyKey Aspects of Privacy:Freedom from intrusion (being left alone)Control of information about oneselfFreedom from surveillance (being tracked,

followed, watched)

Privacy and Computer Technology (cont.)New Technology, New Risks:Government and private databasesSophisticated tools for surveillance and data

analysisVulnerability of data

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

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)

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.

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 policiesOpt-in: consumer must explicitly give permission for

the organization to share infoOpt-out: consumer must explicitly forbid an

organization from sharing info

Fair Information Principles (or Practices)Data retention policies

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.

Facebook BeaconFandango, eBay, and 42 other online businesses

paid Facebook to do “word of mouth” advertisingFacebook users surprised to learn information

about their purchases was shared with friendsBeacon was based on an opt-out policyBeacon strongly criticized by various groupsFacebook switched to an opt-in policy regarding

BeaconTerminated this initiative and paid $9.5 million in

lawsuit

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Privacy and Computer TechnologyDiscussion 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?

"Big Brother is Watching You"Databases:Government Accountability Office (GAO) -

monitors government's privacy policiesData mining and computer matching to fight

terrorismIs 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?

Sample Government Database

Privacy Act of 1974

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.”

"Big Brother is Watching You" (cont.)The Fourth Amendment, Expectation of Privacy

and Surveillance Technologies:Weakening the Fourth Amendment

Patriot ActModern surveillance techniques are redefining

expectation of privacy

"Big Brother is Watching You" (cont.)Video Surveillance:Security cameras

Increased securityDecreased privacyIt 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.

"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?

Diverse Privacy TopicsMarketing, Personalization and Consumer Dossiers:Targeted marketing

Data miningPaying for consumer informationData firms and consumer profilesPersonalization 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.

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

Examples of Location Based ServicesProviding 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.

Diverse Privacy Topics (cont.)Stolen and Lost Data:HackersPhysical theft (laptops, thumb-drives, etc.)Requesting information under false pretensesBribery of employees who have access

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 e-mail correspondents). Most likely were business laptops containing personal and business information

Diverse Privacy Topics (cont.)What We Do Ourselves: “Broadcast Yourself”Personal information in blogs and online

profilesPictures of ourselves and our familiesFile sharing and storingIs privacy old-fashioned?

Young people put less value on privacy than previous generations

May not understand the risks or you are ok with it.

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?

Diverse Privacy Topics (cont.)Children:The Internet

Not able to make decisions on when to provide information

Vulnerable to online predatorsParental monitoring

Software to monitor Web usageWeb cams to monitor children while

parents are at workGPS tracking via cell phones or RFID

Diverse Privacy TopicsDiscussion QuestionsIs 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?

Protecting PrivacyTechnology and Markets:Privacy enhancing-technologies for

consumersEncryption

Public-key cryptographyBusiness tools and policies for protecting

data

Protecting Privacy (cont.)Rights and laws:Theories

Warren and BrandeisThomson

TransactionsOwnership of personal dataRegulation

Health Insurance Portability and Accountability Act (HIPAA)

HIPAALimits 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

Protecting Privacy (cont.)Privacy Regulations in the European Union

(EU):Data Protection Directive

More strict than U.S. regulationsAbuses still occurPuts requirements on businesses outside the

EU

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.

Protecting PrivacyDiscussion QuestionHow would the free-market view and the

consumer protection view differ on errors in Credit Bureau databases?

Who is the consumer in this situation?

CommunicationWiretapping 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)

E-mail and other new communicationsElectronic Communications Privacy Act of

1986 (ECPA) extended the 1968 wiretapping laws to include electronic communications, restricts government access to e-mail

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)

Communication (cont.)EncryptionProcess of transforming a message in order to

conceal its meaningValuable tool for maintaining privacy

Encryption Policy:

Government ban on export of strong encryption software in the 1990s (removed in 2000)

Pretty Good Privacy (PGP)

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Identity TheftIdentity theft: misuse of another person’s

identity to take actions permitted the ownerCredit card fraud #1 type of identity theftEase of opening accounts online

contributes to problemAbout 10 million U.S. victims in 2008Typical for a victim to spend hundreds of

hours cleaning up problem

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Gaining Access to Information43% of cases involve stolen wallet, credit

card, checkbook, or other physical document13% of cases are “friendly thefts”Dumpster divingShoulder surfing

Phishing and PharmingPhishing: gathering personal information via

a fraudulent spam messagePharming: 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

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