The Privacy Panic Cycle: a Guide to Public Fears About New Technologies
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White Paper Swire US EU Surveillance
December 17, 2015 US Surveillance Law, Safe Harbor, and Reforms Since 2013 Peter Swire1 Executive Summary: This White Paper is a submission to the Belgian Privacy Authority for its December 18, 2015 Forum on “The Consequences of the Judgment in the Schrems Case.”2 The Forum discusses the decision by the European Court of Justice in Schrems v. Data Protection Commissioner3 that the EU/US Safe Harbor was unlawful under the EU Data Protection Directive, particularly due to concerns about US surveillance law. For the Forum, I have been asked to comment on two issues: 1) Is US surveillance law fundamentally compatible with E.U. data protection law? 2) What actions and reforms has the US taken since the Snowden revelations began in June 2013? The White Paper draws on my background as a scholar of both EU data protection law and US surveillance law. It addresses serious misunderstandings of US national security law, reflected in official statements made in the Schrems case and elsewhere. It has three chapters: (1) The fundamental equivalence of the United States and EU member States as constitutional democracies under the rule of law. In the Schrems decision, the US was criticized for failing to ensure “a level of protection of fundamental rights essentially equivalent to that guaranteed in the EU legal order.” This chapter critiques that finding, instead showing that the United States has strict rule of law, separation of powers, and judicial oversight of law enforcement and national security 1 Peter Swire is the Huang Professor of Law and Ethics at the Georgia Tech Scheller College of Business and a Senior Fellow of the Future of Privacy Forum. -
Amazon's Antitrust Paradox
LINA M. KHAN Amazon’s Antitrust Paradox abstract. Amazon is the titan of twenty-first century commerce. In addition to being a re- tailer, it is now a marketing platform, a delivery and logistics network, a payment service, a credit lender, an auction house, a major book publisher, a producer of television and films, a fashion designer, a hardware manufacturer, and a leading host of cloud server space. Although Amazon has clocked staggering growth, it generates meager profits, choosing to price below-cost and ex- pand widely instead. Through this strategy, the company has positioned itself at the center of e- commerce and now serves as essential infrastructure for a host of other businesses that depend upon it. Elements of the firm’s structure and conduct pose anticompetitive concerns—yet it has escaped antitrust scrutiny. This Note argues that the current framework in antitrust—specifically its pegging competi- tion to “consumer welfare,” defined as short-term price effects—is unequipped to capture the ar- chitecture of market power in the modern economy. We cannot cognize the potential harms to competition posed by Amazon’s dominance if we measure competition primarily through price and output. Specifically, current doctrine underappreciates the risk of predatory pricing and how integration across distinct business lines may prove anticompetitive. These concerns are height- ened in the context of online platforms for two reasons. First, the economics of platform markets create incentives for a company to pursue growth over profits, a strategy that investors have re- warded. Under these conditions, predatory pricing becomes highly rational—even as existing doctrine treats it as irrational and therefore implausible. -
7 October 2019 Dear Mr. Zuckerberg, OPEN LETTER
7 October 2019 Dear Mr. Zuckerberg, OPEN LETTER: FACEBOOK’S END-TO-END SECURITY PLANS The organizations below write today to encourage you, in no uncertain terms, to continue increasing the end-to-end security across Facebook’s messaging services. We have seen requests from the United States, United Kingdom, and Australian governments asking you to suspend these plans “until [Facebook] can guarantee the added privacy does not reduce public safety”. We believe they have this entirely backwards: each day that platforms do not support strong end-to-end security is another day that this data can be breached, mishandled, or otherwise obtained by powerful entities or rogue actors to exploit it. Given the remarkable reach of Facebook’s messaging services, ensuring default end-to-end security will provide a substantial boon to worldwide communications freedom, to public safety, and to democratic values, and we urge you to proceed with your plans to encrypt messaging through Facebook products and services. We encourage you to resist calls to create so-called “backdoors” or “exceptional access” to the content of users’ messages, which will fundamentally weaken encryption and the privacy and security of all users. Sincerely, 1. 7amleh-The Arab Center for Social Media Advancement 2. Access Now 3. ACM US Technology Policy Committee 4. ACT | The App Association 5. AfroLeadership 6. Alternatives 7. American Civil Liberties Union 8. Americans for Prosperity 9. APADOR-CH 10. ARTICLE 19 11. Asociación Argentina de Usuarios de Internet - Internauta Argentina 12. Asociación Colombiana de Usuarios de Internet 13. Asociación por los Derechos Civiles (ADC), Argentina 14. -
Jonathan Capehart
Jonathan Capehart Award-winning journalist Jonathan Capehart is anchor of The Sunday Show with Jonathan Capehart on MSNBC and also an opinion writer and member of the editorial board of The Washington Post, where he hosts the podcast, Cape Up. In 1999, he was on the editorial board at the New York Daily News that won a Pulitzer Prize for the paper’s series of editorials that helped save Harlem’s Apollo Theater. He was also named an Esteem Honoree in 2011. In 2014, The Advocate magazine ranked him nineth out of fifty of the most influential LGBT people in media. In December 2014, Mediaite named him one of the “Top Nine Rising Stars of Cable News.” Equality Forum made him a 2018 LGBT History Month Icon in October. In May 2018, the publisher of the Washington Post awarded him an “Outstanding Contribution Award” for his opinion writing and “Cape Up” podcast interviews. Mr. Capehart first worked as assistant to the president of the WNYC Foundation. He then became a researcher for NBC's The Today Show. From 1993 to 2000, he served as a member of the New York Daily News’ editorial board. Mr. Capehart then went on to work as a national affairs columnist for Bloomberg News from 2000 to 2001, and later served as a policy advisor for Michael Bloomberg in his successful 2001 campaign for Mayor of New York City. In 2002, he returned to the New York Daily News, where he worked as deputy editorial page editor until 2004, when he was hired as senior vice president and senior counselor of public affairs for Hill & Knowlton. -
Bill Seeks to Curb Polluting Mexican Trucks Vehicles Would Not Be Allowed to Travel in California Unless They Met U.S
Bill Seeks to Curb Polluting Mexican Trucks Vehicles would not be allowed to travel in California unless they met U.S. standards. By Miguel Bustillo and Marla Dickerson, Times Staff Writers L.A. Times, June 22, 2004 Concerned that a U.S. Supreme Court ruling this month clears the way for thousands of smoke- spewing Mexican trucks to enter the country, a California lawmaker has introduced legislation that would bar them from traveling throughout the state unless they met federal air pollution standards. Supported by environmentalists and California truckers, the bill, by Assemblywoman Fran Pavley (D-Agoura Hills), is sure to rekindle a decade-long dispute over the North American Free Trade Agreement's contributions to pollution in this country, an issue that has ruffled U.S.-Mexico relations. The measure would require that Mexican trucks meet the same federal air pollution standards for their model year as their U.S. counterparts in order to come through California. Mexican trucks, like those in the United States, typically run on diesel fuel, but many are older and have less- sophisticated pollution controls. Pavley said she would not attempt to require the trucks to meet California's tougher state air pollution standards, which could make the legislation vulnerable to legal attacks. But legal experts predicted that a law requiring Mexican trucks to meet federal pollution standards would also face legal challenge. "We're doing everything we can to reduce air pollution in this state, and these [Mexican trucks] could really set us back," Pavley said. "They represent a huge public health risk. -
The Rules of #Metoo
University of Chicago Legal Forum Volume 2019 Article 3 2019 The Rules of #MeToo Jessica A. Clarke Follow this and additional works at: https://chicagounbound.uchicago.edu/uclf Part of the Law Commons Recommended Citation Clarke, Jessica A. (2019) "The Rules of #MeToo," University of Chicago Legal Forum: Vol. 2019 , Article 3. Available at: https://chicagounbound.uchicago.edu/uclf/vol2019/iss1/3 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in University of Chicago Legal Forum by an authorized editor of Chicago Unbound. For more information, please contact [email protected]. The Rules of #MeToo Jessica A. Clarke† ABSTRACT Two revelations are central to the meaning of the #MeToo movement. First, sexual harassment and assault are ubiquitous. And second, traditional legal procedures have failed to redress these problems. In the absence of effective formal legal pro- cedures, a set of ad hoc processes have emerged for managing claims of sexual har- assment and assault against persons in high-level positions in business, media, and government. This Article sketches out the features of this informal process, in which journalists expose misconduct and employers, voters, audiences, consumers, or professional organizations are called upon to remove the accused from a position of power. Although this process exists largely in the shadow of the law, it has at- tracted criticisms in a legal register. President Trump tapped into a vein of popular backlash against the #MeToo movement in arguing that it is “a very scary time for young men in America” because “somebody could accuse you of something and you’re automatically guilty.” Yet this is not an apt characterization of #MeToo’s paradigm cases. -
NOTHING to HIDE: Tools for Talking (And Listening) About Data Privacy for Integrated Data Systems
NOTHING TO HIDE: Tools for Talking (and Listening) About Data Privacy for Integrated Data Systems OCTOBER 2018 Acknowledgements: We extend our thanks to the AISP Network and Learning Community, whose members provided their support and input throughout the development of this toolkit. Special thanks to Whitney Leboeuf, Sue Gallagher, and Tiffany Davenport for sharing their experiences and insights about IDS privacy and engagement, and to FPF Policy Analyst Amy Oliver and FPF Policy Intern Robert Martin for their contributions to this report. We would also like to thank our partners at Third Sector Capital Partners and the Annie E. Casey Foundation for their support. This material is based upon work supported by the Corporation for National and Community Service (CNCS). Opinions or points of view expressed in this document are those of the authors and do not necessarily reflect the official position of, or a position that is endorsed by, CNCS or the Social Innovation Fund. TABLE OF CONTENTS Introduction ............................................................................................................................................................................................................................. 2 Why engage and communicate about privacy? ................................................................................................................................................. 2 Using this toolkit to establish social license to integrate data ..................................................................................................................... -
Cloak and Swagger: Understanding Data Sensitivity Through the Lens of User Anonymity
Cloak and Swagger: Understanding Data Sensitivity Through the Lens of User Anonymity Sai Teja Peddinti∗, Aleksandra Korolova†, Elie Bursztein†, and Geetanjali Sampemane† ∗Polytechnic School of Engineering, New York University, Brooklyn, NY 11201 Email: [email protected] †Google, 1600 Amphitheatre Parkway, Mountain View, CA 94043 Email: korolova, elieb, [email protected] Abstract—Most of what we understand about data sensitivity In this work we explore whether it is possible to perform is through user self-report (e.g., surveys); this paper is the first to a large-scale behavioral data analysis, rather than to rely on use behavioral data to determine content sensitivity, via the clues surveys and self-report, in order to understand what topics that users give as to what information they consider private or sensitive through their use of privacy enhancing product features. users consider sensitive. Our goal is to help online service We perform a large-scale analysis of user anonymity choices providers design policies and develop product features that during their activity on Quora, a popular question-and-answer promote user engagement and safer sharing and increase users’ site. We identify categories of questions for which users are more trust in online services’ privacy practices. likely to exercise anonymity and explore several machine learning Concretely, we perform analysis and data mining of the approaches towards predicting whether a particular answer will be written anonymously. Our findings validate the viability of usage of privacy features on one of the largest question-and- the proposed approach towards an automatic assessment of data answer sites, Quora [7], in order to identify topics potentially sensitivity, show that data sensitivity is a nuanced measure that considered sensitive by its users. -
Cloud Computing and Related Laws
Cloud Computing and Related Laws Law Offices of Salar Atrizadeh Online Privacy In general, privacy falls under two categories: 1. Corporate privacy 2. Personal privacy Corporate Privacy . It concerns the protection of corporate data from retrieval or interception by unauthorized parties . Security is important for protection of trade secrets, proprietary information, and privileged communications . The failure to maintain confidentiality can result in a loss of “trade secret” status . See Civil Code §§ 3426 et seq. Corporate Privacy . The recent trends in outsourcing have increased the risks associated with “economic espionage” . In fact, manufacturers should be cautious when transferring proprietary technology to overseas partners because foreign governments sponsor theft . See 18 U.S.C. §§ 1831 et seq. (e.g., economic espionage, theft of trade secrets) Helpful Policies . Identify and label confidential information . Restrict access to confidential information . Use encryption – e.g., truecrypt.org, axantum.com . Use firewall and secure username/password . Use software that detects trade secret theft – e.g., safe-corp.biz . Include warnings in privileged correspondence (e.g., “this email contains privileged communications”) Helpful Policies . Provide computers without hard drives + Prohibit use of removable storage (e.g., flash drives) . Audit employee computers . Prohibit and/or monitor external web-based email services . Execute Confidentiality and Non-disclosure Agreements . Execute Computer-Use Policies Personal Privacy . Constitution . Federal: Fourth Amendment protects against unreasonable searches and seizures . State: California Constitution, under Art. I, § 1 recognizes right to individual privacy . Federal computer crimes . Electronic Communications Privacy Act – 18 U.S.C. §§ 2510 et seq. Privacy Act – 5 U.S.C. § 552a . Computer Fraud and Abuse Act – 18 U.S.C. -
LGST 642X Q2 2016 Syllabus 101816
LGST 642x Big Data, Big Responsibilities: The Law and Ethics of Business Analytics Q2 2016 | MW 10:30am-12pm | JMHH F65 Overview Significant technologies always have unintended consequences, and their effects are never neutral. A world of ubiquitous data, subject to ever more sophisticated collection, aggregation, analysis, and use, creates massive opportunities for both financial gain and social good. It also creates dangers in areas such as privacy and discrimination, as well as simple hubris about the effectiveness of management by algorithm. This course introduces students to the legal, policy, and ethical dimensions of big data, predictive analytics, and related techniques. It then examines responses—both private and governmental—that may be employed to address these concerns. Instructor Associate Professor Kevin Werbach Department of Legal Studies and Business Ethics 673 Huntsman Hall (215) 898-1222 [email protected] (best way to reach me) Office Hours: Monday 12:30-2pm, or by appointment Learning Objectives Good data-driven decision-making means not just generating solutions, but understanding how to use them. Some of the most sophisticated firms in terms of data science expertise have already gotten into trouble over concerns about privacy, security, manipulation, and discrimination. Failure to anticipate such issues can result in ethical lapses, public relations disasters, regulatory sanctions, and even legal liability. My goal is to help you develop the skills to use analytics in the most responsible way, while remaining focused on your business objectives. After completion of the course, you should be able to: 1. Identify where algorithms depend on human judgments or assumptions. 2. -
The Cycles of Constitutional Theory
09_FRIEDMAN_FINALFMT.DOC 11/16/2004 1:44 PM THE CYCLES OF CONSTITUTIONAL THEORY BARRY FRIEDMAN* I INTRODUCTION Constitutional scholarship—of which constitutional theory is one branch1— is inevitably a reaction to what is occurring today in constitutional law. The primary focus is upon the Supreme Court, but even with regard to the Constitu- tion as it operates outside the courts, a good portion of the scholarship tends to focus on what is of immediate political interest. It would be surprising if things were any different. Historical perspective, however, suggests some difficulty for the inevitably present-driven endeavor of constitutional theory. Seen through the lens of his- tory, it is apparent that arguments about the Constitution have a way of coming around again. When they do, they carry the potential to embarrass their origi- nal sponsors. Today’s arguments may not be so appealing under very different circumstances. But do changing circumstances necessarily justify changing con- stitutional theory? Is it even possible to adopt theoretical views about constitu- tional meaning and interpretation that will endure over time? These problems are acute when it comes to the mainstay of constitutional theory, scholarship about judicial review. Theorizing about judicial review nec- essarily occurs in response to Supreme Court decisions. Those decisions them- selves are a function of the composition of the bench, the issues that come be- fore the Court, and the Court’s position vis-à-vis the other branches of government. When the ideological valence of Supreme Court decisions shifts, constitu- tional theorizing about judicial review tends to shift as well.2 Over the last cen- Copyright © 2004 by Barry Friedman This Article is also available at http://www.law.duke.edu/journals/lcp. -
Understanding Emerging Threats to Online Advertising
Understanding Emerging Threats to Online Advertising Ceren Budak Sharad Goel Justin Rao University of Michigan Stanford University Microsoft Research Georgios Zervas Boston University Questrom School of Business June 11, 2016 Abstract Two recent disruptions to the online advertising market are the widespread use of ad-blocking software and proposed restrictions on third-party tracking, trends that are driven largely by consumer concerns over privacy. Both primarily impact display advertising (as opposed to search and native social ads), and affect how retailers reach customers and how content producers earn revenue. It is, however, unclear what the consequences of these trends are. We investigate using anonymized web browsing his- tories of 14 million individuals, focusing on \retail sessions" in which users visit online sites that sell goods and services. We find that only 3% of retail sessions are initiated by display ads, a figure that is robust to permissive attribution rules and consistent across widely varying market segments. We further estimate the full distribution of how retail sessions are initiated, and find that search advertising is three times more important than display advertising to retailers, and search advertising is itself roughly three times less important than organic web search. Moving to content providers, we find that display ads are shown by 12% of websites, accounting for 32% of their page views; this reliance is concentrated in online publishing (e.g., news outlets) where the rate is 91%. While most consumption is either in the long-tail of websites that do not show ads, or sites like Facebook that show native, first-party ads, moderately sized web publishers account for a substantial fraction of consumption, and we argue that they will be most affected by changes in the display advertising market.