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2012-05-14 Chapter 5: Privacy Chapter Overview (1/2) • • • • • • Ethics for the Information Age F Fourth th Edition Editi by Michael J. Quinn Introduction Perspectives on privacy Disclosing information Ways information becomes public U.S. legislation Public records 1-2 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley Chapter Overview (2/2) 1.1 Introduction • • • • • • Information collection, exchange, combination, and distribution easier than ever privacy y • More information access → less p • Trade-offs Covert government surveillance U.S. legislation authorizing wiretapping Data mining Identity theft Encryption – Privacy vs. need for credentials – Privacy vs. desire for free expression – Privacy vs. safety / security 1-3 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-2 1-3 1-4 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-4 5.2 Perspectives on Privacy © Wiley Miller 1-5 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-5 1-6 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-6 1 2012-05-14 Defining Privacy Harms of Privacy • Privacy related to notion of access • Access • • • • – Physical proximity to a person – Knowledge about a person • Edmund Byrne: y Privacyy 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? Cover for illegal or immoral activities Burden on the nuclear family Hidden dysfunctional families Ignored people on society’s fringes 1-7 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-7 1-8 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley Benefits of Privacy 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 3rd Amendment to U.S. Constitution • Samuel S lW Warren and dL Louis i B Brandeis: d i P People l 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 Individual growth Individual responsibility Freedom to be yourself Intellectual and spiritual growth Development of loving, trusting, caring, intimate relationships 1-9 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-9 1-8 1-10 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-10 National Do Not Call Registry Do People Have the Right to Be Left Alone? • FTC responded to public opinion – Created Do Not Call Registry in 2003 – 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 Chris Uncle / Film Magic / Getty Images 1-11 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-11 1-12 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-12 2 2012-05-14 Privacy and Trust Solove’s Taxonomy of Privacy • Modern life more private • Challenge: living among strangers • Remedy: establishing reputations • A wide variety of activities can lead to privacy concerns • Privacy-related activities can be put into 4 categories: g – Ordeal, Ordeal such as lie detector test or drug test – Credential, such as driver’s license, key, ID card, college degree – 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 • Establishing reputation is done at the cost of reducing privacy 1-13 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-13 1-14 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley Case Study: Secret Monitoring 5.3 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 Act utilitarian evaluation Rule utilitarian evaluation Kantian evaluation Social contract theory evaluation Alternative courses of action that would be morally acceptable – Voluntary – Involuntary – Statutory 1-15 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-14 1-15 1-16 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-16 Disclosures Make Personal Information Public Personal Information Voluntary, Involuntary, and Statutory Disclosures 5.4 Public Information Public Information Public Records 1-17 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-17 1-18 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-18 3 2012-05-14 Ways Information Becomes Public • • • • • • • • • Body 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 1-19 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-19 RFID Tags Speed Inventory Process 1-20 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-20 5.9 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 1-21 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-21 Secondary Uses of Information • Lotus Development Corporation developed CD with information on 120 million Americans • Planned to sell CD to small businesses that wanted to create mailing g 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 Direct mail BUY! X Corp. Y Corp. Z Corp. ! e! Servic ntive Ince n! estio Sugg 1-23 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-22 Marketplace: Households W Corp. Data mining (secondary use) 1-22 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-23 1-24 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-24 4 2012-05-14 IRS Audits Syndromic Surveillance System • IRS uses computer matching and data mining to look for possible income tax fraud • Computer matching: matching tax form information with information p provided by y employers, banks, etc. • Data mining: searching through forms to detect those that appear most likely to have errors resulting in underpayment of taxes • Created by New York City • Analyzes more than 50,000 pieces of information every day – 911 calls – Visits Vi it tto emergency rooms – Purchases of prescription drugs • Looks for patterns that might indicate an epidemic, bioterrorism, or an environmental problem 1-25 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-25 Telecommunications Records Database • • • • • • • • 1-26 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley Total Information Awareness 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 • Proposed by Information Awareness Office of U.S. Defense Advanced Research Projects Agency (DARPA) • Goal: identify y 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 1-27 Criticisms of the TIA Program 1-28 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-28 Ownership of Transaction Information • • • • • • 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 Id tit th Identity theft ft iintroduces t d noise i iinto t d database t b False positives could unfairly target millions of Americans • Knowing about TIA will change people’s behavior • 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 1-29 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-26 1-29 1-30 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-30 5 2012-05-14 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 p 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 1-31 Copyright © 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley 1-31 6