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Privacy on the Internet: the Vole Ving Legal Landscape Debra A
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Santa Clara University School of Law Santa Clara High Technology Law Journal Volume 16 | Issue 2 Article 10 January 2000 Privacy on the Internet: The volE ving Legal Landscape Debra A. Valentine Follow this and additional works at: http://digitalcommons.law.scu.edu/chtlj Part of the Law Commons Recommended Citation Debra A. Valentine, Privacy on the Internet: The Evolving Legal Landscape , 16 Santa Clara High Tech. L.J. 401 (2000). Available at: http://digitalcommons.law.scu.edu/chtlj/vol16/iss2/10 This Symposium is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara High Technology Law Journal by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. PRIVACY ON THE INTERNET: THE EVOLVING LEGAL LANDSCAPE Prepared Remarks of Debra A. Valentinet TABLE OF CONTENTS I. Introduction ................................................................................ 401 II. Privacy on the Internet-The Evolving Legal Landscape ............. 403 A. Federal Trade Commission Act and Informational Privacy ........... 404 B. Other Federal Statutes and Informational Privacy ......................... 408 C. Federal Intemet-Law ................................................................... 410 III. Current Federal Policy on Internet Privacy .................................. 412 IV. The U.S. Approach -
The Right to Privacy and the Future of Mass Surveillance’
‘The Right to Privacy and the Future of Mass Surveillance’ ABSTRACT This article considers the feasibility of the adoption by the Council of Europe Member States of a multilateral binding treaty, called the Intelligence Codex (the Codex), aimed at regulating the working methods of state intelligence agencies. The Codex is the result of deep concerns about mass surveillance practices conducted by the United States’ National Security Agency (NSA) and the United Kingdom Government Communications Headquarters (GCHQ). The article explores the reasons for such a treaty. To that end, it identifies the discriminatory nature of the United States’ and the United Kingdom’s domestic legislation, pursuant to which foreign cyber surveillance programmes are operated, which reinforces the need to broaden the scope of extraterritorial application of the human rights treaties. Furthermore, it demonstrates that the US and UK foreign mass surveillance se practices interferes with the right to privacy of communications and cannot be justified under Article 17 ICCPR and Article 8 ECHR. As mass surveillance seems set to continue unabated, the article supports the calls from the Council of Europe to ban cyber espionage and mass untargeted cyber surveillance. The response to the proposal of a legally binding Intelligence Codexhard law solution to mass surveillance problem from the 47 Council of Europe governments has been so far muted, however a soft law option may be a viable way forward. Key Words: privacy, cyber surveillance, non-discrimination, Intelligence Codex, soft law. Introduction Peacetime espionage is by no means a new phenomenon in international relations.1 It has always been a prevalent method of gathering intelligence from afar, including through electronic means.2 However, foreign cyber surveillance on the scale revealed by Edward Snowden performed by the United States National Security Agency (NSA), the United Kingdom Government Communications Headquarters (GCHQ) and their Five Eyes partners3 1 Geoffrey B. -
What Data Is Best Kept Private and Why?
What data is best kept private and why? Hi, My name is Catherine Gicheru. I am an ICFJ Knight Fellow and the Director of the African Women Journalism Project, an initiative that works to support, train and mentor women journalists in Africa in covering underreported communities and issues. Last week Arzu Geybulla took you through what online harassment looks like, how to look after your emotional wellbeing and shared resources for psychosocial support. This week, l will be telling you about online privacy...what is it and why it's important. You will learn what information you should or shouldn't share online and how the information you share online can make you vulnerable to online attacks and targeted by bad actors. We shall also share some practical tips on what you can do to protect your privacy online. This week in addition to the videos there will be additional reading materials. I encourage you all to participate in the discussions that we shall be having throughout the week. Thank you for joining me and I look forward to working with you to better understand Online Privacy. I would like to start this second module by quickly talking about how the internet works so that you can better understand what data you share knowingly or unknowingly, and why some information should be kept private. There’s a lot of technical explanations of how the internet works, but the simplest explanation is this, the Internet is a vast, sprawling collection of networks that connect to each other. In fact, the word “Internet” comes from this concept: interconnected networks. -
1 Before the U.S. COPYRIGHT OFFICE, LIBRARY of CONGRESS
Before the U.S. COPYRIGHT OFFICE, LIBRARY OF CONGRESS In the Matter of Section 512 Study Docket No. 2015-7 Additional Comments of Electronic Frontier Foundation February 21, 2017 Submitted by: Corynne McSherry Mitch Stoltz Kerry Maeve Sheehan1 Electronic Frontier Foundation 815 Eddy Street San Francisco, CA 94109 Telephone: (415) 436-9333 [email protected] The Electronic Frontier Foundation (EFF) appreciates the Copyright Office’s efforts to consider the impact of section 512 of the Digital Millennium Copyright Act. EFF is a member-supported, nonprofit, public interest organization dedicated to ensuring that copyright law advances the progress of science and the arts and enhances freedom of expression. Founded in 1990, EFF represents tens of thousands of dues-paying members, including consumers, hobbyists, computer programmers, entrepreneurs, students, teachers, and researchers, who are united in their desire for a balanced copyright system that provides adequate incentives for creators, facilitates innovation, and ensures broad access to information in the digital age. EFF has been involved, as amicus or party counsel, in numerous court cases interpreting section 512, including Lenz v Universal, Lessig v. Liberation Music, MoveOn v. Viacom, Tuteur v. Wesley Corcoran, Sapient v. Geller, SHARK v. PRCA, Viacom v. YouTube, UMG Recordings v. Veoh, and Columbia Pictures v. Fung. We regularly counsel 1 Kerry Maeve Sheehan is not admitted to practice law. 1 individuals who have been targeted by takedown notices pursuant to the DMCA regarding their rights and options. We have also represented the interests of users and innovators on multiple formal and informal public processes assessing the notice and takedown system, in the United States and abroad. -
Transparency Reporting for Beginners: Memo #1 *Draft* 2/26/14
TRANSPARENCY REPORTING FOR BEGINNERS: MEMO #1 *DRAFT* 2/26/14 A SURVEY OF HOW COMPANIES ENGAGED IN TRANSPARENCY REPORTING CATEGORIZE & DEFINE U.S. GOVERNMENT LEGAL PROCESSES DEMANDING USER DATA, AND IDENTIFICATION OF BEST PRACTICES http://oti.newamerica.org A BRIEF INTRODUCTION TO U.S. LAW REGARDING GOVERNMENT ACCESS TO COMMUNICATIONS DATA Whether you’re trying to understand an Internet or telecommunications company’s transparency report regarding government requests for customer data, or trying to design a report for your own company, it helps to have a basic understanding of the federal law that regulates law enforcement access to that data: the Electronic Communications Privacy Act, or ECPA. The ECPA is made up of three component statutes: The Stored Communications Act (18 U.S.C. § 2701 et seq.) regulates government’s retrospective access to stored data—both the content of communications and non-content transactional data about those communications, such as information indicating who a communication was to or from, the time it was communicated, and the duration or size of the communication, as well as basic subscriber information such as a customer’s name, address, billing information, and any identifier such as a username, email address, IP address or the like. The SCA is notoriously complex, but read in conjunction with recent court rulings about how the Fourth Amendment applies to stored communications, the policy of most major companies is to require that the government provide: • a search warrant for access to stored communications content (a search warrant is a court order based on a showing of probable cause); • a subpoena for access to basic subscriber information or to non-content transactional data about telephone calls (a subpoena is a legal demand issued directly by a prosecutor without prior court approval and based on the prosecutor’s determination that the material sought is relevant to a criminal investigation); and • a court order under 18 U.S.C. -
Is the Market for Digital Privacy a Failure?1
Is the Market for Digital Privacy a Failure?1 Caleb S. Fuller2 Abstract Why do many digital firms rely on collecting consumer information–a practice that survey evidence shows is widely disliked? Why don’t they, instead, charge a fee that would protect privacy? This paper empirically adjudicates between two competing hypotheses. The first holds that firms pursue this strategy because consumers are ill-informed and thus susceptible to exploitation. The second holds that this strategy reasonably approximates consumer preferences. By means of survey, I test a.) the extent of information asymmetry in digital markets, b.) consumers’ valuation of privacy, and c.) whether government failure contributes to consumer mistrust of information collection. My results indicate that a.) the extent of information asymmetry is minimal, b.) there is significant divergence between “notional” and “real” demand for privacy and c.) that government contributes to consumer distrust of information collection by private firms. Significantly, almost 82% of Google users are unwilling to pay anything for increased digital privacy. JEL-Classification: D23, K29, Z18 Keywords: privacy paradox, digital privacy, survey, market failure 1 I wish to thank Alessandro Acquisti, Peter Leeson, Chris Coyne, Peter Boettke, David Lucas, Noah Gould, and Nicholas Freiling for helpful suggestions. All errors are my own. I am also indebted to the Mercatus Center for providing funding for the survey conducted by Haven Insights LLC. 2 Assistant professor of economics, Grove City College, Email: 1 INTRODUCTION Google’s motto is “Don’t Be Evil.” But the fact that the company surreptitiously collects the information of over one billion individuals annually leads some to question whether the firm’s business model runs afoul of its dictum (Hoofnagle 2009). -
Principles of Internet Privacy
Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 2000 Principles of Internet Privacy Fred H. Cate Indiana University Maurer School of Law, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Computer Law Commons, and the Law and Society Commons Recommended Citation Cate, Fred H., "Principles of Internet Privacy" (2000). Articles by Maurer Faculty. 243. https://www.repository.law.indiana.edu/facpub/243 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Principles of Internet Privacy FRED H. CATE* I. INTRODUCTION Paul Schwartz's InternetPrivacy and the State makes an important and original contribution to the privacy debate that is currently raging by be- ginning the process of framing a new and more useful understanding of what "privacy" is and why and how it should be protected.' The definition developed by Brandeis, Warren,2 and Prosser,3 and effectively codified by Alan Westin in 1967---"the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others"---worked well in a world in which most privacy concerns involved physical intrusions (usually by the government) or public disclosures (usually by the media), which, by their very nature, were comparatively rare and usually discovered. -
THE TRANSPARENCY REPORTING TOOLKIT Reporting Guide & Template for Reporting on U.S
LIZ WOOLERY, RYAN BUDISH, KEVIN BANKSTON THE TRANSPARENCY REPORTING TOOLKIT Reporting Guide & Template for Reporting on U.S. Government Requests for User Information DECEMBER 2016 Report © 2016 NEW AMERICA and THE BERKMAN KLEIN CENTER FOR INTERNET & SOCIETY This report carries a Creative Commons Attribution 4.0 International license, which permits re-use of this content when proper attribution is provided. This means you are free to share and adapt this work, or include our content in derivative works, under the following conditions: • Attribution. You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. For the full legal code of this Creative Commons license, please visit creativecommons.org. If you have any questions about citing or reusing New America content, please visit www.newamerica.org. If you have questions about citing or reusing Berkman Klein Center content, please visit https://cyber.law.harvard.edu. All photos in this report are supplied by, and licensed to, Shutterstock.com unless otherwise stated. AUTHORS Kevin Bankston, Director, Open Technology Institute, [email protected] Ryan Budish, Senior Researcher, Berkman Klein Center for Internet & Society, [email protected] Liz Woolery, Senior Policy Analyst, Open Technology Institute, [email protected] ACKNOWLEDGMENTS The Transparency Reporting Toolkit would not have been possible without insight and help from Dorothy Chou, Christian Dawson, Jeremy Kessel, Rob Faris, Urs Gasser, Robyn Greene, Jess Hemerly, Priya Kumar, Colin Maclay, Eric Sears, Alison Yost, OTI Open Web Fellow Gemma Barrett, members of the i2C Coalition, and the many others who have contributed to this report by offering time, thoughts, and insights throughout this process. -
Internet Privacy and the State
UC Berkeley UC Berkeley Previously Published Works Title Internet Privacy and the State Permalink https://escholarship.org/uc/item/37x3z12g Author Schwartz, Paul M Publication Date 2021-06-27 Peer reviewed eScholarship.org Powered by the California Digital Library University of California Berkeley Law Berkeley Law Scholarship Repository Faculty Scholarship 1-1-1999 Internet Privacy and the State Paul M. Schwartz Berkeley Law Follow this and additional works at: http://scholarship.law.berkeley.edu/facpubs Part of the Law Commons Recommended Citation Paul M. Schwartz, Internet Privacy and the State, 32 Conn. L. Rev. 815 (1999), Available at: http://scholarship.law.berkeley.edu/facpubs/766 This Article is brought to you for free and open access by Berkeley Law Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact [email protected]. Interet Privacy and the State PAUL M. SCHWARTZ" INTRODUCTION "Of course you are right about Privacy and Public Opinion. All law is a dead letter without public opinion behind it. But law and public opinion in-1 teract-and they are both capable of being made." Millions of people now engage in daily activities on the Internet, and under current technical configurations, this behavior generates finely grained personal data. In the absence of effective limits, legal or other- wise, on the collection and use of personal information on the Internet, a new structure of power over individuals is emerging. This state of affairs has significant implications for democracy in the United States, and, not surprisingly, has stimulated renewed interest in information privacy? Yet, the ensuing debate about Internet privacy has employed a deeply flawed rhetoric. -
Privacy-Enhancing Technologies for the Internet
Privacy-enhancing technologies for the Internet Ian Goldberg David Wagner Eric Brewer University of California, Berkeley iang,daw,brewer ¡ @cs.berkeley.edu Abstract ing privacy issues on the Internet, and Section 3 provides some relevant background. We then discuss Internet pri- The increased use of the Internet for everyday activi- vacy technology chronologically, in three parts: Section 4 ties is bringing new threats to personal privacy. This pa- describes the technology of yesterday, Section 5 explains per gives an overview of existing and potential privacy- today’s technology, and Section 6 explores the technology enhancing technologies for the Internet, as well as moti- of tomorrow. Finally, we conclude in Section 7. vation and challenges for future work in this field. 2. Motivation 1. Introduction The threats to one’s privacy on the Internet are two-fold: your online actions could be (1) monitored by unauthorized Recently the Internet has seen tremendous growth, with parties and (2) logged and preserved for future access many the ranks of new users swelling at ever-increasing rates. years later. You might not realize that your personal infor- This expansion has catapulted it from the realm of academic mation has been monitored, logged, and subsequently dis- research towards new-found mainstream acceptance and in- closed; those who would compromise your privacy have no creased social relevance for the everyday individual. Yet incentive to warn you. this suddenly increased reliance on the Internet has the po- The threat of long-term storage and eventual disclosure tential to erode personal privacies we once took for granted. of personal information is especially acute on the Internet. -
Worldwide Privacy Regulations Restricting Access to Genealogical Records Jan Meisels Allen
IAJGS 38th International Conference on Jewish Genealogy August 6, 2018 Warsaw, Poland Worldwide Privacy Regulations Restricting Access to Genealogical Records Jan Meisels Allen Genealogists without records can’t do genealogy! We are facing crises worldwide on access to vital records due to misunderstandings by those in power about identity theft and fraud and due to budget cuts Privacy Someone's right to keep their personal matters and relationships secret Why Do We Care About Privacy? There are many people who value their privacy, and wouldn't dream of posting personal information about themselves or their family where everyone can see it. Some of those people are my cousins, and some of them are your cousins - but how could you and I hope to connect with them online given their concerns? Do You Want Your Information Available to Everyone? We want others to provide information to us. Do we want our personal information posted to the Internet? European Union Members 28 Countries Austria Belgium Bulgaria Czech Croatia Cyprus Republic Denmark Estonia Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Netherlands Poland Portugal Romania Slovakia Slovenia Spain Sweden Until 3-29- United Kingdom 2019 European Union - 2 • 28 Countries until BREXIT takes place - 29 March 2019 • 500 million residents • Right to be forgotten/erased • Google has ~90% of Search Engine Market in Europe-varies by country • Since May 29, 2014 Google received 698,395 requests to delink from 2,615,742 URLs. They did not remove 44 percent of the URLs requested. • Fall 2016 CJEU ruled hyperlinking by third-party website (search engine) without consent of holder constitutes a "communication to the public“ and doing so is a violation of EU copyright directive. -
The Transparency Reporting Toolkit: Best Practices for Reporting on U.S
The Transparency Reporting Toolkit: Best Practices for Reporting on U.S. Government Requests for User Information The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Woolery, Liz, Ryan Budish, and Levin Bankston. 2016. "The Transparency Reporting Toolkit: Best Practices for Reporting on U.S. Government Requests for User Information." The Berkman Klein Center for Internet & Society. Published Version https://cyber.harvard.edu/publications/2016/transparency_memos Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:28552578 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA at Harvard University LIZ WOOLERY, RYAN BUDISH, KEVIN BANKSTON THE TRANSPARENCY REPORTING TOOLKIT Survey & Best Practice Memos for Reporting on U.S. Government Requests for User Information MARCH 2016 Report © 2016 NEW AMERICA and THE BERKMAN CENTER FOR INTERNET & SOCIETY This report carries a Creative Commons Attribution 4.0 International license, which permits re-use of this content when proper attribution is provided. This means you are free to share and adapt this work, or include our content in derivative works, under the following conditions: • Attribution. You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. For the full legal code of this Creative Commons license, please visit creativecommons.org.