Surveillance As Social Sorting: Privacy, Risk, and Digital Discrimination
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Centering Civil Rights in the Privacy Debate
August 2019 Centering Civil Rights in the Privacy Debate Becky Chao, Eric Null, Brandi Collins-Dexter, & Claire Park Last edited on September 17, 2019 at 11:28 a.m. EDT Acknowledgments The authors would like to thank Francella Ochillo, Erin Shields, Alisa Valentin, Miranda Bogen, Priscilla González, and Gaurav Laroia for participating in the event highlighted in this report and Lisa Johnson, Austin Adams, and Maria Elkin for communications support. Open Technology Institute would also like to thank Craig Newmark Philanthropies for generously supporting its work in this area. newamerica.org/oti/reports/centering-civil-rights-privacy-debate/ 2 About the Author(s) Becky Chao is a policy analyst at New America’s Open Technology Institute, where she works to promote equitable access to a fair and open internet ecosystem. Eric Null is senior policy counsel at the Open Technology Institute, focusing on internet openness and affordability issues, including network neutrality, Lifeline, and privacy. Brandi Collins-Dexter is the senior campaign director at Color Of Change and oversees the media, democracy and economic justice departments. Claire Park was an intern at New America's Open Technology Institute, where she researched and wrote about technology policy issues including broadband access and competition, as well as privacy. About New America We are dedicated to renewing America by continuing the quest to realize our nation’s highest ideals, honestly confronting the challenges caused by rapid technological and social change, and seizing the opportunities those changes create. About Open Technology Institute OTI works at the intersection of technology and policy to ensure that every community has equitable access to digital technology and its benefits. -
Connecting Equity to a Universal Broadband Strategy
Wired: CONNECTING EQUITY TO A UNIVERSAL BROADBAND STRATEGY A JOINT REPORT FROM: BY RAKEEN MABUD AND MARYBETH SEITZ-BROWN SEPTEMBER 2017 About the Roosevelt Institute Until economic and social rules work for all, they’re not working. Inspired by the legacy of Franklin and Eleanor, the Roosevelt Institute reimagines America as it should be: a place where hard work is rewarded, everyone participates, and everyone enjoys a fair share of our collective prosperity. We believe that when the rules work against this vision, it’s our responsibility to recreate them. We bring together thousands of thinkers and doers—from a new generation of leaders in every state to Nobel laureate economists— working to redefine the rules that guide our social and economic realities. We rethink and reshape everything from local policy to federal legislation, orienting toward a new economic and political system: one built by many for the good of all. About The New School Founded in 1919, The New School was born out of principles of academic freedom, tolerance, and experimentation. Committed to social engagement, The New School today remains in the vanguard of innovation in higher education, with more than 10,000 undergraduate and graduate students challenging the status quo in design and the social sciences, liberal arts, management, the arts, and media. The New School welcomes thousands of adult learners annually for continuing education courses and calendar of lectures, screenings, readings, and concerts. Through its online learning portals, research institutes, and international partnerships, The New School maintains a global presence. For more information, visit The New School’s website. -
Canadian Privacy Law: the Personal Information Protection and Electronic Documents Act (PIPEDA)
International In-house Counsel Journal Vol. 2, No. 7, Spring 2009, 1135–1146 Canadian Privacy Law: The Personal Information Protection and Electronic Documents Act (PIPEDA) DOMINIC JAAR PATRICK E. ZELLER Legal Counsel Vice President & Deputy General Counsel Ledjit Consulting, Inc. Guidance Software, Inc. Canada United States This white paper provides a general overview of the Personal Information Protection and Electronic Documents Act (“PIPEDA”), and discusses both the privacy requirements imposed by that Act as well as the rules governing the use of electronic documents that it sets out. Overview Introduction to PIPEDA PIPEDA is the federal legislative response to growing concerns over the protection and use of personal information that is accumulated by both public and private organizations in the course of their day-to-day operations.1 The Act sets out rules governing how such information should be handled by the organizations that collect it, and under what circumstances it may be disclosed, either to third parties or to the individual who is the subject of the information. The Act contains two main parts. The first part sets out the rules governing the collection, retention and disclosure of personal information, as well as the remedies available in the event of a suspected breach. In essence, this part of the Act establishes a framework which attempts to balance the privacy rights of individuals with the needs of organizations to collect, use, and disclose personal information in the course of commercial activities. This part of the Act is discussed in sections I and II of this document. The second part of the Act describes the circumstances in which electronic alternatives may be used to fulfill legal obligations, which, under federal laws, require the use of paper documents to record or communicate information or transactions. -
Off the Grid: Pinpointing Location-Based Technologies and the Law
Off the Grid: Pinpointing Location-based Technologies and the Law Written By: Geoffrey White, Barrister & Solicitor External Counsel The Public Interest Advocacy Centre 1204 - ONE Nicholas St. Ottawa, Ontario K1N 7B7 June 2015 Copyright 2015 PIAC Contents may not be commercially reproduced. Any other reproduction with acknowledgment is encouraged. The Public Interest Advocacy Centre (PIAC) Suite 1204 ONE Nicholas Street Ottawa, ON K1N 7B7 Tel: (613) 562-4002 Fax: (613) 562-0007 E-mail: [email protected] Website: www.piac.ca Canadian Cataloguing and Publication Data ISBN 978-1-927707-03-6 Off the Grid? Pinpointing Location-Based Technologies and the Law Off the Grid? Pinpointing Location-Based Technologies and the Law Page 2 of 109 Acknowledgement Financial support from Industry Canada to conduct the research on which this report is based is gratefully acknowledged. The views expressed in this report are not necessarily those of Industry Canada or of the Government of Canada. The author would also like to thank Kent Sebastian, PIAC Student-at-Law 2014-15, Sarah Mavula, PIAC Summer Student 2014, and Jonathan Bishop, PIAC’s Research & Parliamentary Affairs Analyst, for their research and contributions. Any mistakes are solely the author’s. Off the Grid? Pinpointing Location-Based Technologies and the Law Page 3 of 109 Executive Summary Knowledge of the whereabouts of a person, and of a person’s movement patterns, can be very valuable, from a marketing perspective. Indeed, the scale and scope of the business opportunities associated with so-called location-based behavioural marketing and location- based services (collectively, location-based technologies) have been well-documented in the business literature. -
I Facebook and Panopticism: Healthy Curiosity Or Stalking?
Facebook and Panopticism: Healthy Curiosity or Stalking? A thesis presented to the faculty of the Scripps College of Communication of Ohio University In partial fulfillment of the requirements for the degree Master of Arts Mary Catherine Kennedy November 2009 © 2009. Mary Catherine Kennedy. All Rights Reserved. i This thesis titled Facebook and Panopticism: Healthy Curiosity or Stalking? by MARY CATHERINE KENNEDY has been approved for the School of Media Arts and Studies and the Scripps College of Communication by Karen E. Riggs Professor of Media Arts and Studies Gregory J. Shepherd Dean, Scripps College of Communication ii ABSTRACT KENNEDY, MARY C., M.A., November 2009, Telecommunications Facebook and Panopticism: Healthy Curiosity or Stalking? (108 pp.) Director of Thesis: Karen E. Riggs This study deepens existing knowledge concerning social networking sites, with specific interest in the social networking site Facebook and the phenomenon, “Facebook stalking”. By providing insights into lesser-known studies concerning user curiosity and surveillance online, the present research reveals that the terms ‘monitoring’ and ‘keeping up with’ or ‘keeping in touch with’ are most commonly used when referring to social searches within social networks; only when asked to think about surveillance in terms of stalking did interview participants refer to it as such. The present study aims to discover Facebook users’ perception of their friends’ disclosure while delving into the idea of “Facebook stalking”, specifically with regard to how users define it. Facebook’s evolution and prominence in the public sphere is dependent upon user satisfaction with and general understanding of the functionality of social networking websites. A discussion of these issues is beneficial to understanding how Facebook is used as a modern-day panopticon. -
The End of Forgetting: Strategic Agency Beyond the Panopticon
1 Running Head: THE END OF FORGETTING Title The end of forgetting: Strategic agency beyond the Panopticon Authors Jonah Bossewitch Communications Doctoral Program, Columbia University, USA Aram Sinnreich School of Communication and Information, Rutgers University, USA Abstract The rapid explosion of information technologies in recent years has contributed to a substantive change in the social dimensions of information sharing, and is forcing us to revise substantially our old assumptions regarding the knowledge/power dynamic. In this article, we discuss a range of strategic information-management options available to individuals and institutions in the networked society, and contrast these ‘blueprints’ to Foucault’s well-known Panopticon model. We organize these observations and analyses within a new conceptual framework based on the geometry of ‘information flux,’ or the premise that the net flow of information between an individual and a network is as relevant to power dynamics as the nature or volume of that information. Based on this geometrical model, we aim to develop a lexicon for the design, description, and critique of socio-technical systems. Keywords surveillance, privacy, transparency, sousveillance, panopticon, memory, new media, software studies, identity, quantified self Author Bios Jonah Bossewitch is a doctoral candidate in communications at Columbia University and a Technical Architect at the Columbia Center for New Media Teaching and Learning. He writes about surveillance and madness, and is investigating the politics of memory at the intersection of corruption in psychiatry and the pharmaceutical industry. He blogs at http://alchemicalmusings.org. Aram Sinnreich is an Assistant Professor at the Rutgers University School of Communication and Information. -
Bibliography
Bibliography [1] M Aamir Ali, B Arief, M Emms, A van Moorsel, “Does the Online Card Payment Landscape Unwittingly Facilitate Fraud?” IEEE Security & Pri- vacy Magazine (2017) [2] M Abadi, RM Needham, “Prudent Engineering Practice for Cryptographic Protocols”, IEEE Transactions on Software Engineering v 22 no 1 (Jan 96) pp 6–15; also as DEC SRC Research Report no 125 (June 1 1994) [3] A Abbasi, HC Chen, “Visualizing Authorship for Identification”, in ISI 2006, LNCS 3975 pp 60–71 [4] H Abelson, RJ Anderson, SM Bellovin, J Benaloh, M Blaze, W Diffie, J Gilmore, PG Neumann, RL Rivest, JI Schiller, B Schneier, “The Risks of Key Recovery, Key Escrow, and Trusted Third-Party Encryption”, in World Wide Web Journal v 2 no 3 (Summer 1997) pp 241–257 [5] H Abelson, RJ Anderson, SM Bellovin, J Benaloh, M Blaze, W Diffie, J Gilmore, M Green, PG Neumann, RL Rivest, JI Schiller, B Schneier, M Specter, D Weizmann, “Keys Under Doormats: Mandating insecurity by requiring government access to all data and communications”, MIT CSAIL Tech Report 2015-026 (July 6, 2015); abridged version in Communications of the ACM v 58 no 10 (Oct 2015) [6] M Abrahms, “What Terrorists Really Want”,International Security v 32 no 4 (2008) pp 78–105 [7] M Abrahms, J Weiss, “Malicious Control System Cyber Security Attack Case Study – Maroochy Water Services, Australia”, ACSAC 2008 [8] A Abulafia, S Brown, S Abramovich-Bar, “A Fraudulent Case Involving Novel Ink Eradication Methods”, in Journal of Forensic Sciences v41(1996) pp 300-302 [9] DG Abraham, GM Dolan, GP Double, JV Stevens, -
Report of Findings: Joint Investigation of Clearview AI, Inc
REPORT OF FINDINGS Joint investigation of Clearview AI, Inc. by the Office of the Privacy Commissioner of Canada, the Commission d’accès à l’information du Québec, the Information and Privacy Commissioner for British Columbia, and the Information Privacy Commissioner of Alberta OPC PIPEDA-039525/CAI QC-1023158/OIPC BC P20- 81997/OIPC AB-015017 Joint Investigation by the Privacy Commissioner of Canada (OPC), the Commission d’accès à l’information du Québec (CAI), the Information and Privacy Commissioner for British Columbia (OIPC BC), and the Information and Privacy Commissioner of Alberta (OIPC AB) into Clearview AI, Inc.’s compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA), the Act Respecting the Protection of Personal Information in the Private Sector, the Act to Establish a Legal Framework for Information Technology (LCCJTI), the Personal Information Protection Act (PIPA BC), and the Personal Information Protection Act (PIPA AB) Page 1 / 29 Contents Overview ..................................................................................................................................................... 3 Background ............................................................................................................................................... 5 Issues .......................................................................................................................................................... 6 Methodology ............................................................................................................................................. -
Taylor, Taylor Vs ATT Corp Re
Before the Federal Communications Commission Washington, DC 20554 In the matter of ) ) Edward G. Taylor, ) Proceeding Number ________ Ray Taylor ) Complainants, ) ) Bureau ID Number EB-______ v. ) ) AT&T Corp., ) ) Defendant. ) FORMAL COMPLAINT OF EDWARD G. TAYLOR AND RAY TAYLOR Daryl Parks Parks & Crump 240 North Magnolia, Drive Tallahassee, Florida, 32301 [email protected] (850) 222-3333 (850) 224-6679 Counsel for Edward G. Taylor and Ray Taylor ! !!!! ! ! Dated: September 25, 2017 ! ! 1 ! TABLE OF CONTENTS SUMMARY………………………………………………………………………………………2 PARTIES AND COUNSEL……………………………………………………………………...4 JURISDICTION………………………………………………………………………………….5 REQUIRED CERTIFICATIONS………………………………………………………………..6 FACTS……………………………………………………………………………………………7 I. Introduction…………………………………………………………………………………….7 II. Complainants………………………………………………………………………………….7 III. Evidence of AT&T Redlining in Detroit….………………………………………………9 IV. Redlining is Widespread in the United States and Not Unique to Detroit…..………………………………………………………………………………………..12 LEGAL ANALYSIS…………………………………………………………………………….14 I. No Unjust or Unreasonable Discrimination or Practices. ……………………………….14 II. Broadband Access Internet Services Legal Treatment…………………………………..15 III. Standard for Determining Discrimination Under Section 202…………………………..15 IV. Complainants Demonstrate an Unreasonable Difference in Service……………………18 V. The Commission Must Act Regardless of BIAS Title II Classification…………………19 VI. The Commission Should Initiate an Investigation Pursuant to Section 403. ……………20 COUNT I………………………………………………………………………………………...20 -
Institutional and Technological Design Development Through Use Of
Institutional and Technological Design Development Through Use of Case Based Discussion Arindrajit Basu, Elonnai Hickok and Regulatory Amber Sinha Interventions For Emerging Economies Governing The Use Of Artificial Intelligence In Public Functions Regulatory Interventions For Emerging Economies Governing The Use Of Artificial Intelligence In Public Functions Introduction Background and Scope The use of artificial intelligence (AI) driven decision making in public functions has been touted around the world as a means of augmenting human capacities, removing bureaucratic fetters, and benefiting society. Yet, with concerns over bias, fairness, and a lack of algorithmic accountability, it is being increasingly recognized that algorithms have the potential to exacerbate entrenched structural inequality and threaten core constitutional values. While these concerns are applicable to both the private and public sector, this paper focuses on recommendations for public sector use, as standards of comparative constitutional law dictate that the state must abide by the full scope of fundamental rights articulated both in municipal and international law. For example, as per Article 13 of the Indian Constitution, whenever the government is exercising a “public function”, it is bound by the entire range of fundamental rights articulated in Part III of the Constitution. However, the definition and scope of “public function” is yet to be clearly defined in any jurisdiction, and certainly has no uniformity across countries. This poses a unique challenge to the regulation of AI projects in emerging economies. Due to a lack of government capacity to implement these projects in their entirety, many private sector organizations are involved in functions which were traditionally identified in India as public functions, such as policing, education, and banking. -
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. -
Video Surveillance in Norway and Denmark
On the Threshold to Urban Panopticon? Analysing the Employment of CCTV in European Cities and Assessing its Social and Political Impacts RTD-Project (September 2001 – February 2004) 5th Framework Programme of the European Commission Contract No.: HPSE-CT2001-00094 [email protected] www.urbaneye.net Working Paper No. 4 Restrictive? Permissive? The Contradictory Framing of Video Surveillance in Norway and Denmark Carsten Wiecek & Ann Rudinow Sætnan [email protected] [email protected] Department of Sociology and Political Science Norwegian University of Science and Technology Dragvoll, 7491 Trondheim, Norway March 2002 Project Co-ordination: Centre for Technology and Society Technical University Berlin www.ztg.tu-berlin.de Urbaneye: Video Surveillance in Norway and Denmark 1 Table of Content TABLE OF CONTENT ......................................................................................................... 1 1 INTRODUCTION -- WHY TWO COUNTRIES? ..........................................................2 2 INTRODUCING NORWAY AND DENMARK.............................................................3 2.1 CCTV IN NORWAY AND DENMARK............................................................................ 6 2.2 OPEN STREET SYSTEMS AND THE ROLE OF THE POLICE ................................................. 9 3 LEGAL FRAMEWORK ..............................................................................................11 3.1 LEGAL STRUCTURES AND TEXTS.................................................................................12