DOCSLIB.ORG

Anonymity, Obscurity, and Technology: Reconsidering Privacy in the Age of Biometrics

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Anonymity, Obscurity, and Technology: Reconsidering Privacy in the Age of Biometrics ANONYMITY, OBSCURITY, AND TECHNOLOGY: RECONSIDERING PRIVACY IN THE AGE OF BIOMETRICS JONATHAN TURLEY ABSTRACT For decades, cinematic and literary works have explored worlds without privacy: fishbowl societies with continual, omnipresent surveillance. For those worried about a post-privacy world, facial recognition technology and other biometric technology could well be the expanding portal to that dystopia. These technologies are rapidly transforming a society predicated on privacy into a diaphanous society where identity and transparency are defining elements. Biometric technology is perfectly suited to evade current privacy protections and doctrines because it presents new challenges to the existing legal framework protecting privacy. The greatest threat of this technological shift is to democratic activities—the very reason that countries such as China have invested so heavily into biometric surveillance systems. This Article explores how our traditional privacy notions fit into a new age of biometrics. It seeks to frame the debate on what values society’s notions of privacy protect, and how to protect them. After exploring prior approaches and definitions to privacy, it proposes a shift from an emphasis on anonymity to a focus on obscurity. The truth is that we now live in a “nonymous” world where our movements and associations will be made increasingly transparent. This Article concludes by recommending a comprehensive approach to biometric technology that would obscure increasingly available images and data while recasting privacy protections to fit a new and unfolding biometric reality. This obscurity will allow participation in society to continue unimpeded by the chilling effects created by the new technology. Without it, our democratic society will never be the same. J.B. and Maurice C. Shapiro Professor of Public Interest Law, The George Washington University Law School. I wish to thank The George Washington University Law School for the grants supporting the underlying research for this Article. I want to thank the participants of past hearings and conferences where this research was presented including the Presidential Commission on Law Enforcement and the Administration of Justice (July 2020), the CogX Conference of the United Kingdom’s Centre for Data Ethics and Innovation (CDEI) (June 2020), and the AFCEA International Federal Identity Forum (Sept. 2019). I would also like to thank Tovah LaDier, James Loudermilk, and the other experts in this industry who generously offered insights on this Article. I also want to thank Nicholas Contarino for his research assistance. 2179 2180 BOSTON UNIVERSITY LAW REVIEW [Vol. 100:2179 CONTENTS INTRODUCTION ............................................................................................. 2181 I. PARADIGM SHIFTS IN PRIVACY FROM EAVESDROPPING TO BIOMETRICS ...................................................................................... 2198 A. The Eavesdropping Period ........................................................ 2198 B. The Interception Period ............................................................. 2200 C. The Biometric Period ................................................................ 2203 1. Early Biometric Identification ............................................. 2203 2. The Transformative Capacity of Biometric Technology ..... 2207 II. BIOMETRIC PRIVACY UNDER PREBIOMETRIC RATIONALES .............. 2212 A. The Public Versus Private Dynamic .......................................... 2213 B. The Decisional Versus Informational Dynamic ........................ 2215 C. The Privacy Versus Technology Dynamic ................................. 2217 III. ANONYMITY AND DEMOCRACY: A CASE FOR BIOMETRIC PRIVACY AS A CONDITION FOR PARTICIPATORY DEMOCRATIC ACTION .............................................................................................. 2220 A. The Normative Model ................................................................ 2220 B. The Criminal Justice Model ...................................................... 2223 C. A Democratic Model .................................................................. 2226 1. Anonymity and Observation in Human Conduct ................ 2229 2. Anonymity as a Protected Right .......................................... 2232 IV. RECOGNIZING OBSCURITY AND PROTECTING BIOMETRIC PRIVACY IN A NONYMOUS WORLD ................................................... 2241 A. Anonymity Through Obscurity: Restoring Expectations of Public Privacy ....................................................................... 2241 B. Common-Law Privacy and Constitutional Norms as Limitations on Transparency-Forcing Technology ................... 2246 C. Codifying a Bounded Rationality of Public Privacy .................. 2254 CONCLUSION ................................................................................................. 2259 2020] ANONYMITY, OBSCURITY & TECHNOLOGY 2181 “There was of course no way of knowing whether you were being watched at any given moment. How often, or on what system, the Thought Police plugged in on any individual wire was guesswork. It was even conceivable that they watched everybody all the time. You had to live—did live, from habit that became instinct—in the assumption that every sound you made was overheard, and, except in darkness, every movement scrutinized.” —George Orwell, 19841 INTRODUCTION From 19842 and Fahrenheit 4513 to The Minority Report4 and Total Recall,5 dystopian futures all have a common feature: continual, omnipresent surveillance of every citizen. The phobia of living in a fishbowl society is a shared phobia of all free people. It is also a growing reality for those living with increasingly less freedom in nations such as China. The technology that was merely a fiction when George Orwell penned 1984 now exists to make his dystopian vision a reality. That technology—and thus that future—has arrived with recent breakthroughs in biometric technology, including facial recognition technology (“FRT”). For many people, the popular release of an FRT function in Apple’s iPhone was their first use of a biometric program, and it brought the same thrilling experience as the first encounter with the telephone or television. People are now accustomed to hearing businesses announce that voice recognition will be used during telephone calls with customers. Automatic entries based on facial recognition are being explored at airports, movie theaters, and other businesses. In August 2019, Google announced that its 1.7 billion Android users would soon be using biometric identity authentication.6 The move reflects a view that biometrics can reduce identity theft and password violations, an effort led in part by the industry group Fast 1 GEORGE ORWELL, 1984, at 6-7 (Plume 1983) (1949). 2 Id. 3 RAY BRADBURY, FAHRENHEIT 451, at 138 (1953) (“‘Police suggest entire population in the Elm Terrace area do as follows: Everyone in every house in every street open a front or rear door or look from the windows. The fugitive cannot escape if everyone in the next minute looks from his house. Ready!’ Of course! Why hadn’t they done it before! Why, in all the years, hadn’t this game been tried! Everyone up, everyone out! He couldn’t be missed!”). 4 MINORITY REPORT (Twentieth Century Fox & Dreamworks Pictures 2002). Walking through a mall, Chief John Anderton, played by actor Tom Cruise, has his eyes scanned by advertisements in order to target his interests. Later in the movie, Anderton’s eyes are surgically replaced in order to avoid detection from police drones and their retinal scanners. 5 TOTAL RECALL (Carolco Pictures 1990). Prior to taking a space bridge to the planet Mars, Douglas Quaid, played by actor Arnold Schwarzenegger, proceeds through a full body X-ray scanning machine to detect contraband. 6 Davey Winder, Google Confirms Password Replacement for 1.7 Billion Android Users, FORBES (Aug. 13, 2019, 1:09 AM), https://www.forbes.com/sites/daveywinder/2019/08/13 /google-confirms-password-replacement-for-17-billion-android-users-starting- now/#660291221000 [https://perma.cc/A9PH-QSD5]. 2182 BOSTON UNIVERSITY LAW REVIEW [Vol. 100:2179 Identity Online (“FIDO”).7 There are other positive uses of biometrics, including home security,8 biometric guns that only work with a designated owner,9 and biometric pet identification.10 By 2023 biometrics are expected to authenticate $2 trillion in commercial transactions.11 These “frictionless” transactions include the rising use of biometric wallets that are replacing credit cards around the world.12 The new technology is viewed as liberating for a market hampered by security threats. Just as government surveillance can have a chilling effect on speech and associations, the vulnerability of online transactions and files to 7 FIDO seeks to incorporate logins with biometric security. FIDO Certification Programs: Introducing New Biometric Component Certification, Authenticator Levels and Certified Companies, FIDO ALLIANCE (Sept. 6, 2018), https://fidoalliance.org/fido-certification- programs-introducing-new-biometric-component-certification-authenticator-levels-and- certified-companies/ [https://perma.cc/7GHD-MU3E]. 8 See Apri Siswanto, Norliza Katuk & Ku Ruhana Ku-Mahamud, Biometric Fingerprint Architecture for Home Security System, 3 INNOVATION & ANALYTICS CONF. & EXHIBITION 137, 138-41 (2016). 9 Biometric or “smart” guns could radically reduce the incidence of child shootings in homes. See Ashley Luthern, Ryan J. Foley & Nick Penzenstadler, Nationally,
Load more

Recommended publications
  • ICO – Privacy Impact Assessment Handbook
    Using this handbook Part 1 – Background information Part 2 – The PIA process Appendix 1 – The PIA screening questions Appendix 2 – Data protection compliance checklist template Appendix 3 – PECR compliance checklist template Appendix 4 – Privacy strategies Using this handbook Back to ICO homepage Advice on using this handbook Because organisations vary greatly in size, the extent to which their activities intrude on privacy, and their experience in dealing with privacy issues makes it difficult to write a ‘one size fits all’ guide. The purpose of this handbook is to be comprehensive. It is important to note now that not all of the information provided in this handbook will be relevant to every project that will be assessed. The handbook is split into two distinct parts. Part I (Chapters I and II) are designed to give background information on the privacy impact assessment (PIA) process and privacy. Part II is a practical “how to” guide on the PIA process. The handbook’s structure is intended to enable a reader who is knowledgeable about privacy to quickly start working on the PIA. Background information on privacy and PIAs is provided for other readers who would like some general information prior to starting the PIA process. It is also important to note that some of the recommendations in this handbook may overlap with work which is being done to satisfy other requirements, such as information security and assurance, other forms of impact assessment or requirements to carry out broader consultations during the development of a project. A PIA does not have to be conducted as a completely separate exercise and it can be useful to consider privacy issues in a broader policy context.
    [Show full text]
  • Reflections on Murder, Misdemeanors, and Madison Jonathan Turley
    Hofstra Law Review Volume 28 | Issue 2 Article 6 1999 Reflections on Murder, Misdemeanors, and Madison Jonathan Turley Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation Turley, Jonathan (1999) "Reflections on Murder, Misdemeanors, and Madison," Hofstra Law Review: Vol. 28: Iss. 2, Article 6. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol28/iss2/6 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Turley: Reflections on Murder, Misdemeanors, and Madison REFLECTIONS ON MURDER, MISDEMEANORS, AND MADISON Jonathan Turley* I. INTRODUCTION Few crimes seem to concentrate the mind more than simple mur- der. Certainly, murder was on the minds of many of the academics testi- fying in the Clinton impeachment hearing While this offense was never seriously alleged during the scandal, it was very much a concern for academics advocating the "executive function theory. 2 Under this theory, a President could only be impeached for acts related to his of- fice, as opposed to purely personal acts.' Since the impeachment of President Clinton raised matters arguably related to his personal mis- conduct, various academics insisted that the allegations fell outside of * J.B. and Maurice C. Shapiro Professor of Public Interest Law at George Washington University of Law School. 1. See Background and History of Impeachment: Hearing Before the Subcomm. on the Constitutionof the House Comm.
    [Show full text]
  • Interliminal Tongues: Self-Translation in Contemporary Transatlantic
    INTERLIMINAL TONGUES: SELF-TRANSLATION IN CONTEMPORARY TRANSATLANTIC BILINGUAL POETRY by MICHAEL BRANDON RIGBY A DISSERTATION Presented to the Department of Romance Languages and the Graduate School of the University of Oregon in partial fulfillment of the requirements for the degree of Doctor of Philosophy June 2017 DISSERTATION APPROVAL PAGE Student: Michael Brandon Rigby Title: Interliminal Tongues: Self-translation in Contemporary Transatlantic Bilingual Poetry This dissertation has been accepted and approved in partial fulfillment of the requirements for the Doctor of Philosophy degree in the Department of Romance Languages by: Cecilia Enjuto Rangel Chairperson Amalia Gladhart Core Member Pedro García-Caro Core Member Monique Balbuena Institutional Representative and Scott L. Pratt Dean of the Graduate School Original approval signatures are on file with the University of Oregon Graduate School. Degree awarded June 2017 ii © 2017 Michael Brandon Rigby iii DISSERTATION ABSTRACT Michael Brandon Rigby Doctor of Philosophy Department of Romance Languages June 2017 Title: Interliminal Tongues: Self-translation in Contemporary Transatlantic Bilingual Poetry In this dissertation, I argue that self-translators embody a borderline sense of hybridity, both linguistically and culturally, and that the act of translation, along with its innate in-betweenness, is the context in which self-translators negotiate their fragmented identities and cultures. I use the poetry of Urayoán Noel, Juan Gelman, and Yolanda Castaño to demonstrate that they each uniquely use the process of self- translation, in conjunction with a bilingual presentation, to articulate their modern, hybrid identities. In addition, I argue that as a result, the act of self-translation establishes an interliminal space of enunciation that not only reflects an intercultural exchange consistent with hybridity, but fosters further cultural and linguistic interaction.
    [Show full text]
  • Reconciling Data Privacy and the First Amendment
    RECONCILING DATA PRIVACY AND THE FIRST AMENDMENT Neil M. Richards This Article challenges the First Amendment critique of data privacy regulaion- the claim that data privacy rules restrict the dissemination of truthful information and thus violate the FirstAmendment. The critique, which is ascendant in privacy discourse, warps legislative and judicial processes and threatens the consti- tutionalization of information policy. The First Amendment critique should be rejected for three reasons. First, it mistakenly equates privacy regulation with speech regulation. Building on scholarship examining the boundaries of First Amendment protection, this Article suggests that "speech restrictions" in a wide variety of commercial contexts have never triggered heightened First Amendment scru- tiny, refuting the claim that all information flow regulations fall within the First Amendment. Second, the critique inaccurately describes current First Amendment doctrine. To demonstrate this point, this Article divides regulations of information flows into four analytic categories and demonstrates how, in each category, ordinary doctrinal tools can be used to uphold the constitutionality of consumer privacy rules. Third, the critique is normatively unpersuasive. Relying on recent intellectual histories of American constitutional law, this Article argues that fundamental jurisprudentialreasons counsel against acceptance of the First Amendment critique. From the perspective of privacy law, there are striking parallels between the critique's advocacy of "freedom of information" and the discredited "freedom of contract" regime of Lochner. More importantly, from the perspective of First Amendment law, the critique threatens to obliterate the distinction between economic and political rights at the core of post-New Deal constitutionalism. Rejecting the FirstAmendment critique thus has real advantages.
    [Show full text]
  • Aftermath : Seven Secrets of Wealth Preservation in the Coming Chaos / James Rickards
    ALSO BY JAMES RICKARDS Currency Wars The Death of Money The New Case for Gold The Road to Ruin Portfolio/Penguin An imprint of Penguin Random House LLC penguinrandomhouse.com Copyright © 2019 by James Rickards Penguin supports copyright. Copyright fuels creativity, encourages diverse voices, promotes free speech, and creates a vibrant culture. Thank you for buying an authorized edition of this book and for complying with copyright laws by not reproducing, scanning, or distributing any part of it in any form without permission. You are supporting writers and allowing Penguin to continue to publish books for every reader. Library of Congress Cataloging-in-Publication Data Names: Rickards, James, author. Title: Aftermath : seven secrets of wealth preservation in the coming chaos / James Rickards. Description: New York : Portfolio/Penguin, [2019] | Includes bibliographical references and index. Identifiers: LCCN 2019010409 (print) | LCCN 2019012464 (ebook) | ISBN 9780735216969 (ebook) | ISBN 9780735216952 (hardcover) Subjects: LCSH: Investments. | Financial crises. | Finance—Forecasting. | Economic forecasting. Classification: LCC HG4521 (ebook) | LCC HG4521 .R5154 2019 (print) | DDC 332.024—dc23 LC record available at https://lccn.loc.gov/2019010409 Penguin is committed to publishing works of quality and integrity. In that spirit, we are proud to offer this book to our readers; however, the story, the experiences, and the words are the author’s alone. While the author has made every effort to provide accurate telephone numbers, internet addresses, and other contact information at the time of publication, neither the publisher nor the author assumes any responsibility for errors or for changes that occur after publication. Further, the publisher does not have any control over and does not assume any responsibility for author or third-party websites or their content.
    [Show full text]
  • Interrogation's Law
    THEYAEAW JOUNA WILLIAM RANNEY LEVI Interrogation's Law ABSTRACT. Conventional wisdom states that recent U.S. authorization of coercive interrogation techniques, and the legal decisions that sanctioned them, constitute a dramatic break with the past. This is false. U.S. interrogation policy well prior to 9/11 has allowed a great deal more flexibility than the high-minded legal prohibitions of coercive tactics would suggest: all interrogation methods allegedly authorized since 9/11, with the possible exception of waterboarding, have been authorized before. The conventional wisdom thus elides an intrinsic characteristic of all former and current laws on interrogation: they are vague and contestable, and thus, when context so demands, manipulable. A U TH O R. Yale Law School, J.D. expected 2oo; Stanford University, B.A. 2006. Three individuals were central to the development of this project. Jack L. Goldsmith offered invaluable guidance from the beginning; I could not ask for a better mentor. Owen M. Fiss graciously supported this project, providing thoughtful comments and helpful criticism. Harold H. Koh consulted and advised throughout; I am immensely grateful for his encouragement. I am thankful to Mariano-Florentino Cullar, Jeremy M. Licht, Martin S. Lederman, David F. Levi, and Benjamin Wittes. This Note was completed before the Justice Department released four additional memoranda on April 16, 2009. 1434 NOTE CONTENTS INTRODUCTION 1436 1. THE LAW'S LATITUDE: SEPTEMBER 11, 2001 TO THE PRESENT 1442 A. Law and Interrogation: The Central Intelligence Agency 1443 1. The Torture Statute 1444 2. The Fifth Amendment 1448 3. Hamdan v. Rumsfeld and the Military Commissions Act 1452 B.
    [Show full text]
  • Spotlight On… Protection of Sensitive Data Including Personal Information
    Spotlight On… Protection of Sensitive Data including Personal Information Purpose On Sept. 7, 2017 media reports indicated that a large American credit score bureau had been breached, exposing the personal information of millions of consumers in the U.S. and in the U.K. and potentially affecting 8,000 individuals in Canada. On November 28, 2017 the Canadian arm of this U.S. company posted information on its website indicating that an additional 11,670 Canadians had been affected by the breach, bringing the total number of Canadians affected to about 19,000. In response to CCIRC partner questions concerning this event, this product provides information on what organizations can do to reduce the risk of sensitive data, such as personal information, being exfiltrated from their organization. Information in this note includes: . The Canadian statutory definitions of personal information . Upcoming regulatory changes to data breach reporting in Canada . Examples of reported breaches of Canadian personal information . Tactics, techniques, and procedures employed to target Canadian personal information . Tips for safeguarding sensitive information . Advice from the Royal Canadian Mounted Police (RCMP) for individuals who believe their personal information may have been compromised What is “Personal Information”? According to the Office of the Privacy Commissioner of Canada (OPC), these are the statutory provisions relevant to the meaning of “Personal Information” in Canada: Section 2(1) of the Personal Information Protection and Electronic Documents
    [Show full text]
  • The National Emergencies Act of 1976 Hearing Committee on the Judiciary House of Representatives
    THE NATIONAL EMERGENCIES ACT OF 1976 HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION FEBRUARY 28, 2019 Serial No. 116–5 Printed for the use of the Committee on the Judiciary ( Available http://judiciary.house.gov or www.govinfo.gov U.S. GOVERNMENT PUBLISHING OFFICE 37–840 WASHINGTON : 2019 VerDate Sep 11 2014 04:06 Oct 12, 2019 Jkt 037840 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 E:\HR\OC\B840.XXX B840 dlhill on DSKBBY8HB2PROD with HEARING COMMITTEE ON THE JUDICIARY JERROLD NADLER, New York, Chairman ZOE LOFGREN, California DOUG COLLINS, Georgia, SHEILA JACKSON LEE, Texas Ranking Member STEVE COHEN, Tennessee F. JAMES SENSENBRENNER, JR., HENRY C. ‘‘HANK’’ JOHNSON, JR., Georgia Wisconsin THEODORE E. DEUTCH, Florida STEVE CHABOT, Ohio KAREN BASS, California LOUIE GOHMERT, Texas CEDRIC L. RICHMOND, Louisiana JIM JORDAN, Ohio HAKEEM S. JEFFRIES, New York KEN BUCK, Colorado DAVID N. CICILLINE, Rhode Island JOHN RATCLIFFE, Texas ERIC SWALWELL, California MARTHA ROBY, Alabama TED LIEU, California MATT GAETZ, Florida JAMIE RASKIN, Maryland MIKE JOHNSON, Louisiana PRAMILA JAYAPAL, Washington ANDY BIGGS, Arizona VAL BUTLER DEMINGS, Florida TOM MCCLINTOCK, California J. LUIS CORREA, California DEBBIE LESKO, Arizona MARY GAY SCANLON, Pennsylvania, GUY RESCHENTHALER, Pennsylvania Vice-Chair BEN CLINE, Virginia SYLVIA R. GARCIA, Texas KELLY ARMSTRONG, North Dakota JOE NEGUSE, Colorado W. GREGORY STEUBE, Florida LUCY MCBATH, Georgia GREG STANTON, Arizona MADELEINE DEAN, Pennsylvania DEBBIE MUCARSEL-POWELL, Florida VERONICA ESCOBAR, Texas PERRY APELBAUM, Majority Staff Director & Chief Counsel BRENDAN BELAIR, Minority Staff Director SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES STEVE COHEN, Tennessee, Chair JAMIE RASKIN, Maryland MIKE JOHNSON, Louisiana, ERIC SWALWELL, California Ranking Member MARY GAY SCANLON, Pennsylvania LOUIE GOHMERT, Texas MADELEINE DEAN, Pennsylvania JIM JORDAN, Ohio SYLVIA R.
    [Show full text]
  • National Security and Statutory Interpretation
    SMU Law Review Volume 53 Issue 1 Article 9 2000 Through a Looking Glass Darkly: National Security and Statutory Interpretation Jonathan Turley Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation Jonathan Turley, Through a Looking Glass Darkly: National Security and Statutory Interpretation, 53 SMU L. REV. 205 (2000) https://scholar.smu.edu/smulr/vol53/iss1/9 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. THROUGH A LOOKING GLASS DARKLY: NATIONAL SECURITY AND STATUTORY INTERPRETATION Jonathan Turley* TABLE OF CONTENTS I. INTRODUCTION ........................................ 206 II. AREA 51: A CASE STUDY OF THE GRAVITATIONAL EFFECT OF THE COMMON LAW ON STATUTORY INTERPRETATION IN THE NATIONAL SECURITY AREA ......................... 210 A. FACTUAL BACKGROUND .............................. 210 B. RELEVANT LEGAL ARGUMENTS AND JUDICIAL R ULINGS .............................................. 214 C. THE GRAVITATIONAL EFFECT OF THE COMMON LAW PRIVILEGE ON THE ANALYSIS IN KASZA AND FRosT ................................................. 219 III. THE INTERPLAY OF STATUTORY INTERPRETATION AND THE COMMON LAW IN THE AREA 51 LITIGATION ............................ 221 A. THEORIES OF STATUTORY INTERPRETATION IN THE COMPANY OF THE COMMON LAW ..................... 222 B. PREEMPTION AND JUDICIAL CHOICE: THE USE OF COMMON LAW AS AN OUTCOME-DETERMINATIVE ELEMENT IN THE FROST CASE ........................ 228 C. THE ADOPTION OF AN ABSOLUTE STATE SECRETS PRIVILEGE IN THE AREA 51 LITIGATION .............. 231 IV. THE LEGISPRUDENCE OF NATIONAL SECURITY AND THE COMMON LAW ............................. 237 A. THE DIALOGIC EFFECT OF THE COMMON LAW IN THE AREA OF STATUTORY INTERPRETATION ..............
    [Show full text]
  • Law, Technology, and Public Health in the COVID-19 Crisis
    Privacy in Pandemic: Law, Technology, and Public Health in the COVID-19 Crisis Tiffany C. Li* The COVID-19 pandemic has caused millions of deaths and disastrous consequences around the world, with lasting repercussions for every field of law, including privacy and technology. The unique characteristics of this pandemic have precipitated an increase in use of new technologies, including remote communications platforms, healthcare robots, and medical AI. Public and private actors alike are using new technologies, like heat sensing, and technologically influenced programs, like contact tracing, leading to a rise in government and corporate surveillance in sectors like healthcare, employment, education, and commerce. Advocates have raised the alarm for privacy and civil liberties violations, but the emergency nature of the pandemic has drowned out many concerns. This Article is the first comprehensive account of privacy in pandemic that maps the terrain of privacy impacts related to technology and public health responses to the COVID-19 crisis. Many have written on the general need for better health privacy protections, education privacy protections, consumer privacy protections, and protections against government and corporate surveillance. However, this Article is the first comprehensive article to examine these problems of privacy and technology specifically in light of the pandemic, arguing that the lens of the pandemic exposes the need for both wide-scale and small-scale reform of privacy law. This Article approaches these problems with a focus on technical realities and social * Visiting Clinical Assistant Professor, Boston University School of Law; Fellow, Yale Law School Information Society Project. The author thanks Tally Amir, Chinmayi Arun, Jack M.
    [Show full text]
  • Annual Privacy Report
    U.S. DEPARTMENT OF JUSTICE ANNUAL PRIVACY REPORT THE CHIEF PRIVACY AND CIVIL LIBERTIES OFFICER AND THE OFFICE OF PRIVACY AND CIVIL LIBERTIES OCTOBER 1, 2016 – SEPTEMBER 30, 2020 1 (MULTI) ANNUAL PRIVACY REPORT MESSAGE FROM THE CHIEF PRIVACY AND CIVIL LIBERTIES OFFICER I am pleased to present the Department of Justice’s (Department or DOJ) Annual Privacy Report, describing the operations and activities of the Chief Privacy and Civil Liberties Officer (CPCLO) and the Office of Privacy and Civil Liberties (OPCL), in accordance with Section 1174 of the Violence Against Women and Department of Justice Reauthorization Act of 2005. This report covers the period from October 1, 2016, through September 30, 2020. The Department’s privacy program is supported by a team of dedicated privacy professionals who strive to build a culture and understanding of privacy within the complex and diverse mission work of the Department. The work of the Department’s privacy team is evident in the care, consideration, and dialogue about privacy that is incorporated in the daily operations of the Department. During this reporting period, there has been an evolving landscape of technological development and advancement in areas such as artificial intelligence, biometrics, complex data flows, and an increase in the number of cyber security events resulting in significant impacts to the privacy of individuals. Thus, the CPCLO and OPCL have developed new policies and guidance to assist the Department with navigating these areas, some of which include the following:
    [Show full text]
  • The Concise Oxford Dictionary of Literary Terms
    The Concise Oxford Dictionary of Literary Terms CHRIS BALDICK OXFORD UNIVERSITY PRESS OXFORD PAPERBACK REFERENCE The Concise Oxford Dictionary of Literary Terms Chris Baldick is Professor of English at Goldsmiths' College, University of London. He edited The Oxford Book of Gothic Tales (1992), and is the author of In Frankenstein's Shadow (1987), Criticism and Literary Theory 1890 to the Present (1996), and other works of literary history. He has edited, with Rob Morrison, Tales of Terror from Blackwood's Magazine, and The Vampyre and Other Tales of the Macabre, and has written an introduction to Charles Maturin's Melmoth the Wanderer (all available in the Oxford World's Classics series). The most authoritative and up-to-date reference books for both students and the general reader. Abbreviations Literary Terms Oxford ABC of Music Local and Family History Paperback Accounting London Place Names* Archaeology* Mathematics Reference Architecture Medical Art and Artists Medicines Art Terms* Modern Design* Astronomy Modern Quotations Better Wordpower Modern Slang Bible Music Biology Nursing Buddhism* Opera Business Paperback Encyclopedia Card Games Philosophy Chemistry Physics Christian Church Plant-Lore Classical Literature Plant Sciences Classical Mythology* Political Biography Colour Medical Political Quotations Computing Politics Dance* Popes Dates Proverbs Earth Sciences Psychology* Ecology Quotations Economics Sailing Terms Engineering* Saints English Etymology Science English Folklore* Scientists English Grammar Shakespeare English
    [Show full text]