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2012-05-14
Chapter 5:
Privacy
Chapter Overview (1/2)
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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
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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
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• 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
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5.2 Perspectives on Privacy
© Wiley Miller
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Defining Privacy
Harms of Privacy
• Privacy related to notion of access
• Access
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– 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
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Benefits of Privacy
Is There a Natural Right to Privacy?
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• 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
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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
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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
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Case Study: Secret Monitoring
5.3 Disclosing Information
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• 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
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Disclosures Make Personal
Information Public
Personal
Information
Voluntary, Involuntary,
and Statutory Disclosures
5.4 Public Information
Public
Information
Public
Records
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Ways Information Becomes Public
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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
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RFID Tags Speed Inventory Process
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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
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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.
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e!
Servic
ntive
Ince
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estio
Sugg
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Marketplace: Households
W Corp.
Data mining
(secondary use)
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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
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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
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Telecommunications Records
Database
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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
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Criticisms of the TIA Program
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Ownership of Transaction Information
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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
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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
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