22C:169 Computer Security Douglas W. Jones
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1 April 22, Lecture 36 22C:169 Computer Security Douglas W. Jones Department of Computer Science Privacy Laws
2 Privacy Privacy is "the expectation that confidential personal information disclosed in a private place will not be disclosed to third parties, when that disclosure would cause either embarrassment or emotional distress to a person of reasonable sensitivities." RONALD B. STANDLER, ESQ, 1997 What does confidential mean? Why potential embarrassment or distress?
3 Classical privacy rights ban: Unreasonable intrusion on seclusion home invasion, eavesdropping, harassing phone calls... Appropriation of name or likeness plastering your name all over town Publication of private facts financial data, sexual info, personal communications, medical data Publication that misrepresents someone telling the truth in a bad way
4 Some things are not private Purchases made in a public place Clerk can tell anyone what you bought So, Stores can collect and sell this data AND THEY REGULARLY DO SO Garbage tends to be public Dumpster diving is common (and fun!) US law does not guard privacy of trash SHOULD IT? Privacy rights versus freedom of the press are Paparazzi journalists or stalkers?
5 Some privacy rights are old Ban on reading other people's mail, Rabbi Gershom of Mainz, Privacy of First Class Mail in US Ex parte Jackson, 1878, decided on 4th amendment grounds Privacy of telegraphic communications ICC act of 1887 requires subpoena, 3/4 of states guarded this by 1900 Privacy of telephone communications Federal Communications Act of 1934
6 Observations Delay between Development of new technology and Extension of obvious privacy rights under the 4th ammendment Has been far too long for comfort Focus of legislation has been on creating exceptions to privacy rights in order to allow "reasonable" law enforcement efforts. Shouldn't 4th amendment and telegraph law automatically apply to ?
7 Current law: Electronic Communications Privacy Act of 1986 Public electronic communication providers must ensure privacy of subscribers. Subscribers of free services might be the advertisers, not the users! protection of in transit no protection of stored no protection of internal business Disclosure of by the recipient Sender owns copyright on the text Recipient may disclose content Except if sender has reasonable expectation of privacy, e.g. if recipient is a doctor, lawyer or professor.
8 Horror story: Steve Jackson Games Case Illuminati Bulletin Board Seized in 1990 along with the 3 computers of company side effect of investigation of employee Steve Jackson Games was a publisher Computers even included book manuscript Seizure of such work is illegal Seizure of copies would have been legal Seizure of private questionable Steve Jackson and Illuminati clients sued and won, appeal decided 1994 $8.7K direct damages, $42K lost profit $195K atttorneys' fees, $57K plaintiff's costs
9 Family Educational Privacy Rights Act, 1974 Student rights to Inspect and review educational records amend inaccurate or inappropriate records control disclosure of public records Institution is permitted to disclose directory information, by default release other information in emergency NEED TO KNOW BASIS, WHEN SUCH RELEASE NECESSARY TO PROTECT HEALTH OR SAFETY release other info. to privileged recipients FACULTY, FINANCIAL AID SOURCES, OTHER SCHOOLS, FEDERAL AND STATE AUTHORITIES, ACCREDITING ORGS. Institution may not release data without student's permission to anyone else including parents. Effect on computer use Creates a category of privileged data
10 HIPAA HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT Expectation of privacy in medical care is an ancient traditional right conflicts with needs of insurance industry may pose barrier to epidemiological studies HIPAA Requires that providers Explain patient rights and proposed info use Secure patient records REASONABLE AND APPROPRIATE ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS REQUIRED Assume responsibility for this! HIPAA gives patient control of Release of health information Unless all personal identifiers are removed Except in emergency
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