336699 presentation by collie moran, jenna barry, celeste bergin, Órla leland & brendan brophy
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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