336699 Presentation by Collie Moran, Jenna Barry, Celeste Bergin, Órla Leland & Brendan Brophy.

336699

Presentation by Collie Moran, Jenna Barry, Celeste Bergin,

Órla Leland & Brendan Brophy.

Introducing Privacy

• Privacy is a fundamental human right. • It is protected in the Universal Declaration of Human

Rights, the International Covenant on Civil and Political Rights

• Nearly every country in the world includes a right of privacy in its constitution.

• Most recently written constitutions include specific rights to access and control one's personal information.

• In many of the countries where privacy is not explicitly recognized in the constitution, the courts have found that right in other provisions.

Defining Privacy

• Privacy is perhaps the most difficult to define.

• Definitions of privacy vary widely according to context and environment.

• In many countries, the concept has been fused with data protection.

• Privacy protection is frequently seen as a way of drawing the line at how far society can intrude into a person's affairs.

Some viewpoints on privacy:

"The desire by each of us for physical space where we can be free of interruption, intrusion, embarrassment, or accountability and the attempt to control the time and manner of disclosures of personal information about ourselves." - Robert Ellis Smith, editor of the Privacy Journal

 Privacy is an interest of the human personality. It protects the inviolate personality, the individual's independence, dignity and integrity. - Edward Bloustein, “Privacy as an Aspect of Human Dignity,” 39 New York University Law Review, p. 971 (1964)

 The right of the individual to be protected against intrusion into his personal life or affairs, or those of his family, by direct physical means or by publication of information. - The Calcutt Committee in the United Kingdom

Aspects of Privacy

• Information Privacy

• Bodily Privacy

• Privacy Communications

• Territorial Privacy

Models of Privacy Protection

• Comprehensive Laws

• Sectoral Laws

• Self-Regulation

• Technologies of Privacy

The Evolution of Data Protection

Interest in the right of privacy increased in the 1960s and 1970s with the advent of information technology.

The surveillance potential of powerful computer systems prompted demands for specific rules governing the collection and handling of personal information. The genesis of modern legislation in this area can be traced to the first data protection law in the world enacted in the Land of Hesse in Germany in 1970. This was followed by national laws in Sweden (1973), the United States (1974), Germany (1977), and France (1978).

The expression of data protection in various declarations and laws varies. All require that personal

information must be:

• obtained fairly and lawfully;• used only for the original specified purpose;• adequate, relevant and not excessive to purpose;• accurate and up to date;• accessible to the subject;• kept secure;• destroyed after its purpose is completed.

Privacy laws and the internet

Contents of Laws

• Government records

• Privacy laws

• Amendment I

• Amendment IV

• The patriot act

• Electronic Communications Privacy

Act of 1986

• Communications Assistance for

Law enforcement Act 1994

Government keep record of milestones in our lives

• Birth certificate,

• School exams

• Driving license

• Buying a house

• Getting married

• Death certificate

First Amendment

• Congress shall make no law respecting

an establishment of religion, or

prohibiting the free exercise thereof; or

abridging the freedom of speech, or of

the press; or the right of the people

peaceably to assemble, and to petition

the government for a redress of

grievances.”

Fourth 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.”

Electronic Communications

• An electronic communication is the transfer of text, signals, signs, sound,

images, data of any character, transmitted by wire (i.e. the internet),

radio, photo-optical, photo-electronic or electromagnetic system. The only

electronic transmission it does not cover is a tracking device, electronic

and electronic funds transferred by a financial institution.

Electronic Communications Privacy Act of 1986

• The issue of access, use, disclosure, interception

and privacy of electronic communications is

covered under the Electronic Communications

Privacy Act 1986 (ECPA). Effectively this covers any

information or communication that is transmitted

partly or wholly by wire, or some other form of

electronic means that affects interstate or foreign

commerce. Under this act, unlawful access or

disclosures of certain contents are prohibited. The

government are also subject to this act and

requires that they must follow certain appropriate

procedures in order to gain lawful access to

electronic communications

The Patriot Act

• The US Patriot Act was passed as a

response to the terrorist attacks of

September 11, 2001. This act is put

in place to allow greater law

enforcement and foreign intelligence

gathering by Federal officials and

significantly increasing their

surveillance, authority in tracking

and intercepting communications by

monitoring private communications

and access personal information.

Communications Assistance for Law enforcement Act 1994

• Congress enacted this law to protect public

safety ensure and national security on

October 25, 1994. Telecommunications

carriers are obliged to assist law

enforcement agencies in executing

electronic surveillance pursuant under

lawful authorisation, interception of

communications and the collection of call-

identifying information.

Telecommunications companies should also

have the required capability and adequate

capacity to help law enforcement agencies

Next ………………….

There are many cases in the US at the moment where the government are using different forms of technology and software to infringe on peoples privacy rights for example cookies, chat-room software, wire-tapping, keystrokes and data-mining.

 Celeste is now going to discuss the software involved and cases

related to the usage of them.

UNCLE SAM IS TAPPING INTO

YOUR PERSONAL BUSINESS

DATAINTEGRATION•Pressure on companies

•Data-Mining programs

•Purchase from private sector

INTERNET WIRETAPPING

•FBI – “Carnivore”

•Broadband and Internet phone services

COOKIES

•Drug Enforcement

•Government agency's non-compliance

CHATROOMS

Software funding and the CIA

KEYSTROKE RECORDER

The Case of Nicodemo Scarfo Jr. (Little Nicky)

Other keystroke methods

Computer Ethics & Privacy

“Computer ethics is a branch of practical philosophy, which deals with how computing professionals should make decisions regarding professional and social conduct.”www.wikipedia.org.

Computer Ethics & Privacy

• Introduction of computers

• Introduction of laws

• Introduction of Ten Commandments.– Dr. Ramon C. Barquins paper “In pursuit of a Ten

commandments for computer ethics”.

The 10 Commandments of Computer Ethics www.brook.edu

• 1.      Thou shalt not use a computer to harm other people. • 2.      Thou shalt not interfere with other people's computer work. • 3.      Thou shalt not snoop around in other people's computer files. • 4.      Thou shalt not use a computer to steal. • 5.      Thou shalt not use a computer to bear false witness. • 6.      Thou shalt not copy or use proprietary software for which you

have not paid. • 7.      Thou shalt not use other people's computer resources

without authorization or proper compensation. • 8.      Thou shalt not appropriate other people's intellectual output. • 9.      Thou shalt think about the social consequences of the

program you are writing or the system you are designing. • 10. Thou shalt always use a computer in ways that insure

consideration and respect for your fellow humans

The 10 Commandments of Computer Ethics• Commandment 1) Thou shalt not use a computer to

harm other people – Environment?– Animals?

• Commandment 1 & 10: Thou shalt always use a computer in ways that insure consideration and respect for your fellow humans.V’sArticle 19 of the Universal declaration of Human Rights:Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

The 10 Commandments of Computer Ethics

• Commandment 3) Thou shalt not snoop around in other people's computer files. – Finger Tool?– Crime?

• Commandment 7) Thou shalt not use other people's computer resources without authorization or proper compensation. – What about in an emergency?

The 10 Commandments of Computer Ethics

• The dilemma of the Internet:

What we have a right to do V’s

What is right to do…….

The Right to Privacy: No one shall be subjected to arbitrary interference

with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Rights Ethics & Privacy

• Non-Consequential

• Moral rights rather than Legal Rights

• Example: – The FBI Wiretap.– Wiretapping the Government

Utilitarianism & Privacy

• The greater good• Example: Data mining can lead to the capture of

terrorists…..

Kant & Privacy

• Universality of actions

• Example:– The surveillance of chat rooms

Rule & Act Utilitarianism

• Rule:• Following rules will maximise happiness• Following the 10 commandments

– Example:Commandment 3 Thou shalt not snoop around in other people's computer files.

• Act: Consequences of Individual acts.– Example: Commandment 9 Thou shalt think about

the social consequences of the program you are writing or the system you are designing.

– Thinking V’s Acting

The 10 Commandments of Computer Ethics

• Good Starting Point

• Brief

• Lack of Detail

• Conclusion

Conclusion

Colin

• Introduced privacy and defined it.

• Different forms of privacy

• The four main laws of privacy

Jenna

• The legal end of Privacy

• Amendment 1 & 4

• Act 1 & 2

Celeste

• Issues & Examples

• Wiretapping

• Chat Rooms

• Cookies

Orla

• Ethics & Morality

• The Ten Commandments of Computer Ethics

• Rights Ethics

Ireland on Privacy

• Article 40.3.1

“The State guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizens”

Ireland on Privacy

• Internet Society Commission

Ireland on Privacy

• Protection of Privacy • Data Retention• ICTs

References