Privacy

Privacy  Jerry Kang

His lecture notes/slides available here.

Check his slides on his site.  He breaks down in decision tree fashion an analysis of privacy, how it is protected, why we care, etc…  interesting.  He also speaks very fast… these notes may be choppy.

We care about privacy because

• Avoiding embarrassment
• Averting misuse
• Constructing intimacy
• Dignity – constant surveillance chills you from trying things out, from making mistakes.
• Democracy – secret ballot

(He is using a product called mindmanager to manage his discussion.  Hmmm)

Counter values

• Commerce requires information
• Deception – using privacy to hide face, other facts
  • accountability
• Free expression – first amendment is particulary strong.
• Welfare state

What’s New

• Technology
  • Cyberspace
    • Content
      • Detailed
      • Computer processable
      • Indexed to the individual
        • Unique id
        • Cookies
        • Registration
        • Ip addresses
      • Permanent
        • Storage costs are low
      • Economic costs of collecting info
        • It is incredibly cheap to collect and store today
    • Players
      • One stop shopping
  • Pervasive computing
    • Real virtuality
    • Vectors of entry
      • RFIDS
      • Communicators
        • Video
        • Gps
      • Sensors
• Politics
  • 911
  • Private/public blurring
    • State can buy private data
    • Subpoena
    •  
• Law as weak restraint
  • State actors
  • Private actors
    • Weak torts
      • Intrusion upon seclusion
      • Misappropriation
      • Public disclosure
      • False light
      • Newsgathering torst
        • Food Lion example
    • Idiosyncratic privacy statutes
  • Privacy laws aren’t robust

Audience

Need to add accountability (counter values)

New concerns – are you using long-distance cameras, sensitive recorders,

What to do?

·         Form

o       Clash of civilizations when it comes to privacy talk.

o       Market talk – personal data is a widget – allocated according to pricing mechanism

o       Dignity talk – personal data is a human right which are not allocated in the market place, we let the law decide.

·         Substance

o       The core

§         Consent

§         Data protection

o       Looking for data