1 Sara Teasdale and Ray Bradbury "There Will Come Soft Rains" Steve Bradshaw s Art Institute of Pittsburgh version: 3:55
2 Time enough
3 A World Information Order - Privacy and Security in a Hyper-networked World of Data and Analysis Law + Informatics Symposium on Digital Evidence 2015 Michael Losavio, University of Louisville, U.S.A. Joshua James, Soon Chun Hyang University, Republic of Korea Pavel Gladyshev, University College Dublin, Ireland K.P. Chow, University of Hong Kong
4 Concerns 1. What did privacy mean back in the day? 2. What does privacy mean today? 3. What interests/ things is privacy meant to protect? 4. How might Smart technologies protect those interests/ things? 5. How might Smart technologies injure those interests/ things? 6. Was Louis Brandeis the most brilliant Justice ever? Take that, Ohio!
5 Towards a Smarter Planet Intelligent Interconnected Instrumented IBM Initiatives
6 Core systems of the smart city Sources Types Collections Analytics and Use
7 information generation and exchange is at least bilateral and commutative.
8 SMART CITIES economy community environment Information Technology transportation governance lifestyle Elements of a Smart City
9 Smart+Interconncted Communities Improved Citizen Interactions Connected Residential Communities Creation of Smart, Efficient Workspaces Elements of CISCO's Smart+Interconncted Communities
10 information source nodes as the activities and services of social and civic life: People Work Home Transportation Social Life
11 We now live in a new space of information density, evolving with the Internet of Things and the Smart City. This global information space is shared with powerful and high-powered analytics that can give every government the surveillance powers of totalitarian regimes. This discussion examines the evolving facts and law relating to personal autonomy, identity and authenticity of electronic data, its mutability and evanescence, and how this might impact the liberties and security of the peoples of the world
12 America The Constitution of the United States of America Article I, Section 9 the writ of habeas corpus The Bill of Rights 1 st 2 nd 4 th 5 th 6th
13 Europa EU Data Protection Directive Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (2) Whereas data-processing systems are designed to serve man; whereas they must, whatever the nationality or residence of natural persons, respect their fundamental rights and freedoms, notably the right to privacy, and contribute to economic and social progress, trade expansion and the well-being of individuals;
14 The Fourth Amendment to the Constitution of the United States of America Amendment IV 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
15 Step by step United States v. Olmstead United States v. Katz Kyllo v. United States United States v. Jones Riley v. California, United States v. Wurie Florida v. Harris Florida v. Jardines Rodriguez v. Nebraska, tbd And our friends FRE 702, 802, 803, 901
16 Back to the Future Justice Brandeis in Olmstead, dissenting The protection guaranteed by the amendments is much broader in scope. The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the government, the right to be let alone-the most comprehensive of rights and the right most valued by civilized men. To protect, that right, every unjustifiable intrusion by the government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment.
17 Phillip K. Dick Minority Report eaix2k4
18 Justice Sotomayor in Jones observed as to the interconnected sensors of radio-linked global positioning satellite (GPS) monitors analyzed with geo-mapping and locational computing that: In cases involving even short-term monitoring, GPS monitoring generates a precise, comprehensive record of a person s public movements that reflects a wealth of detail about her familial, political, professional, religious, and sexual associations. See, e.g., People v. Weaver, 12 N. Y. 3d 433, , 909 N. E. 2d 1195, 1199 (2009) ( Disclosed in [GPS] data... will be trips the indisputably private nature of which takes little imagination to conjure: trips to the psychiatrist, the plastic surgeon, the abortion clinic, the AIDS treatment center, the strip club, the criminal defense attorney, the by-thehour motel, the union meeting, the mosque, synagogue or church, the gay bar and on and on ). The Government can store such records and efficiently mine them for information years into the future. Pineda-Moreno, 617 F. 3d, at 1124 (opinion of Kozinski, C. J.). And because GPS monitoring is cheap in comparison to conventional surveillance techniques and, by design, proceeds surreptitiously, it evades the ordinary checks that constrain abusive law enforcement practices: limited police resources and community hostility. Illinois v. Lidster, 540 U. S. 419, 426 (2004
19 digital forensics and computational data collection and analysis in The Smart City personal autonomy, identity and authenticity
20 The New Space of Information Density and Its Risks and Rights "Smart City" reflection of the "Internet of Things" embedded, networked capabilities of devices IBM s paradigm instrumented, interconnected and "intelligent," i.e., computationally-adapted.
21 Investigators Dramatis Personae in LAW ENFORCEMENT Procurators Judges victims Witnesses The CIO Staff Outside consultants and contractors Other Data Mavens! Tech, security & privacy officers, analytics and tactics
22 Dramatis Personae in the city You Me Our families Our friends Our personal, social, athletic, business and professional associates Government
23 The System of the World Compliance Risk Management OGC The People Factor The Cloud System Storage Computation Networking Security & Assurance Smart cities Instrumented, interconnected intelligent??
24 To what do the law, society and government attend? First, Safety and Security from: Taking of property, liberty and life Trespass to rights in property, liberty and life Destruction of property, liberty and life In other words, when someone is hurt, there should be a response Injury may be from Normal business processes or malicious/careless system use Including Computationally-induced results
25 But Justice Sotomayor continued: In cases involving even short-term monitoring, GPS monitoring generates a precise, comprehensive record of a person s public movements that reflects a wealth of detail about her familial, political, professional, religious, and sexual associations. See, e.g., People v. Weaver, 12 N. Y. 3d 433, , 909 N. E. 2d 1195, 1199 (2009) ( Disclosed in [GPS] data... will be trips the indisputably private nature of which takes little imagination to conjure: trips to the psychiatrist, the plastic surgeon, the abortion clinic, the AIDS treatment center, the strip club, the criminal defense attorney, the by-the-hour motel, the union meeting, the mosque, synagogue or church, the gay bar and on and on ). The Government can store such records and efficiently mine them for information years into the future. Pineda- Moreno, 617 F. 3d, at 1124 (opinion of Kozinski, C. J.). And because GPS monitoring is cheap in comparison to conventional surveillance techniques and, by design, proceeds surreptitiously, it evades the ordinary checks that constrain abusive law enforcement practices: limited police resources and community hostility. Illinois v. Lidster, 540 U. S. 419, 426 (2004).
26 core general principles relating to privacy and cyber privacy law: 1) Activities within the home have the greatest level of protection and are generally protected from intrusion by others absent reasonable grounds based on law. 2) Activities that extend outside the home may still be protected as to privacy but the level of protection may vary. This may depend on special protection in law for that activity. 3) Activities out in public or involving third parties may have little or no protection as to privacy absent special protection in law 4) Activities subject to public regulation may carry lesser or no privacy protections, particularly where data collection is part of regulation or a pre-condition to state permission to use regulated services. 5) Any activity data may be monitored, collected and used with the consent of the data subject, absent statutory prohibitions on use even with consent. And even where a data subject may consent without actually reading the consent document they execute..
27 Justice Sotomayor suggested in her concurring opinion in the Jones GPS tracking case that a reevaluation of the concept of privacy and third party data collection should be undertaken in this new age of electronic data collection and analysis. Her concern, as seen simply in GPS data collection and analytics, was that: The net result is that GPS monitoring by making available at a relatively low cost such a substantial quantum of intimate information about any person whom the Government, in its unfettered discretion, chooses to track may alter the relationship between citizen and government in a way that is inimical to democratic society.
28 Case in point, conclusion 2013 Boston Marathon terrorist bombing crowd-sourced investigation Pointers to the future? Will we let it take that which makes us who we are.
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