Privacy Considerations in the Design of Attentive User Interfaces Jeffrey S
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Identity Theft Literature Review
The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Identity Theft Literature Review Author(s): Graeme R. Newman, Megan M. McNally Document No.: 210459 Date Received: July 2005 Award Number: 2005-TO-008 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. IDENTITY THEFT LITERATURE REVIEW Prepared for presentation and discussion at the National Institute of Justice Focus Group Meeting to develop a research agenda to identify the most effective avenues of research that will impact on prevention, harm reduction and enforcement January 27-28, 2005 Graeme R. Newman School of Criminal Justice, University at Albany Megan M. McNally School of Criminal Justice, Rutgers University, Newark This project was supported by Contract #2005-TO-008 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. -
Electronic Frontier Foundation November 9, 2018
Before the Department of Commerce National Telecommunications and Information Administration Developing the Administration’s Approach to Consumer Privacy Docket No. 180821780-8780-01 Comments of Electronic Frontier Foundation November 9, 2018 Submitted by: India McKinney Electronic Frontier Foundation 815 Eddy Street San Francisco, CA 94109 USA Telephone: (415) 436-9333 ext. 175 [email protected] For many years, EFF has urged technology companies and legislators to do a better job of protecting the privacy of technology users and other members of the public. We hoped the companies, who have spent the last decade collecting new and increasingly detailed points of information from their customers, would realize the importance of implementing meaningful privacy protections. But this year’s Cambridge Analytica scandal, following on the heels of many others, was the last straw. Corporations are willfully failing to respect the privacy of technology users, and we need new approaches to give them real incentives to do better—and that includes updating our privacy laws. EFF welcomes the opportunity to work with the Department of Commerce in crafting the federal government’s position on consumer privacy. The Request for Comment published in the Federal Register identifies seven main areas of discussion: Transparency, Control, Reasonable Minimization, Security, Access and Correction, Risk Management, and Accountability. These discussion points have been thoroughly analyzed by academics over the past decades, leading to recommendations like the Fair -
Personality Rights in Australia1
SWIMMERS, SURFERS, AND SUE SMITH PERSONALITY RIGHTS IN AUSTRALIA1 Therese Catanzariti2 It is somewhat of a misnomer to talk about personality rights in Australia. First, personality rights are not “rights” in the sense of positive rights, a right to do something, or in the sense of proprietary rights, property that can be assigned or mortgaged. Second, personality rights are largely a US law concept, derived from US state law relating to the “right of publicity”. However, it is common commercial practice that Australian performers, actors and sportstars enter endorsement or sponsorship agreements.3 In addition, the Australian Media and Entertainment Arts Alliance, the Australian actors union, insists that the film and television industrial agreements and awards don’t cover merchandising and insist film and television producers enter individual agreements if they want to use an actor’s image in merchandising.4 This paper considers Australian law5 relating to defamation, passing off, and section 52 of the Trade Practices Act,6 draws parallels with US law relating to the right of publicity, and considers whether there is a developing Australian jurisprudence of “personality rights”. Protecting Personality Acknowledging and protecting personality rights protects privacy. But protecting privacy is not the focus and is an unintended incidental. Protecting personality rights protects investment, and has more in common with unfair competition than privacy. Acknowledging and protecting personality rights protects investment in creating and maintaining a carefully manicured public image, an investment of time labour, skill and cash. This includes spin doctors and personal trainers and make-up artists and plastic surgeons and making sure some stories never get into the press. -
E Dawn of Robot Surveillance AI, Video Analytics, and Privacy
e Dawn of Robot Surveillance AI, Video Analytics, and Privacy June 2019 e Dawn of Robot Surveillance AI, Video Analytics, and Privacy By Jay Stanley © 2019 AMERICAN CIVIL LIBERTIES UNION Cover: Sources images, shutterstock.com “The robots are here. The robots control your warnings. They analyze and notify, following instructions you have set.” — Promotional web site for “Video Surveillance as a Service”1 “The overwhelming majority of images are now made by machines for other machines” 2 — Trevor Paglen 1 http://www.vsaas.com/. 2 https://thenewinquiry.com/invisible-images-your-pictures-are-looking-at-you/. 1 Table of Contents I. INTRODUCTION ...................................................................................................... 3 II. WHAT IS AI VIDEO ANALYTICS .......................................................................... 5 The rise of deep learning ........................................................................................... 6 Overcoming challenges with new sources of data .................................................. 8 III. CURRENT DEPLOYMENTS ................................................................................ 9 Government deployments ......................................................................................... 9 Commercial deployments ........................................................................................ 10 Analytics in the cloud .............................................................................................. 11 IV. HOW COMPUTERS WILL -
Privacy and Publicity: the Two Facets of Personality Rights
Privacy and publicity Privacy and publicity: the two facets of personality rights hyperbole. In this context, personality In this age of endorsements and rights encompass the “right of privacy”, tabloid gossip, famous people which prohibits undue interference in need to protect their rights and a person’s private life. In addition to coverage in the media, reputations. With a growing number images of celebrities adorn anything from of reported personality rights cases, t-shirts, watches and bags to coffee mugs. India must move to develop its This is because once a person becomes legal framework governing the famous, the goods and services that he or commercial exploitation of celebrity she chooses to endorse are perceived to reflect his or her own personal values. By Bisman Kaur and Gunjan Chauhan, A loyal fan base is a captive market for Remfry & Sagar such goods, thereby allowing celebrities to cash in on their efforts in building up Introduction a popular persona. Intellectual property in India is no longer Unfortunately, a large fan base is a niche field of law. Stories detailing also seen by unscrupulous people as an trademark infringement and discussing opportunity to bring out products or the grant of geographical indications services that imply endorsement by an routinely make their way into the daily individual, when in fact there is no such news headlines. From conventional association. In such cases the individual’s categories of protection such as patents, “right of publicity” is called into play. trademarks, designs and copyright, IP laws The right of publicity extends to every have been developed, often by judicial individual, not just those who are famous, innovation, to encompass new roles and but as a practical matter its application areas of protection. -
Identity Theft Harms Millions of Americans Every Year. Breaches of Personally Identifiable Information (PII) Across the Governme
Safeguarding & Handling PI1 Each DOE employee and contractor needs to be aware of their responsibility to- b Encrypt personal information sent via email b protect personal information, b Label Privacy Act protected records "OFFICIAL USE ONLY - PRIVACY ACT b avoid unauthorized disclosures, DATA" b ensure that no records are maintained without Identity theft harms millions of Americans every b Do not collect personal information without proper public notice in the Federal Register, and year. Breaches of personally identifiable information proper authority, and only the minimum (PII) across the government have been well b report immediately, whether confirmed or necessary for carrying out the mission of DOE publicized and costly for individuals and Federal suspected, any breach or misuse of PII. agencies. These breaches have prompted the b Do not place Privacy Act protected data on Administration and Congress to take action to unrestricted shared drives, intranets, or the improve the protection of personal information. Internet For more information on Privacy and protecting PII, refer to DOE Order 206. I, Department of Energy b Report any loss or unauthorized disclosure of As Department of Energy employees and Privacy Program, located on the DOE Directives personal data immediately to your supervisor, contractors, you have a responsibility to protect all website: http://directives.doe.gov/ PII. DOE Order 206. I, Department of Energy Privacy program manager, Information System Security Program, defines PI1 as "any information collected or Manager, or Privacy Act Officer Questions should be referred to your supervisor, your local Privacy Act Officer, or the Privacy Office maintained by the Department about an individual, b Lock your computer whenever you leave your including but not limited to, education, financial at (202) 586-5955. -
The New Frontiers of Personality Rights and the Problem of Commodification: European and Comparative Perspectives
The New Frontiers of Personality Rights and the Problem of Commodification: European and Comparative Perspectives Giorgio Resta* I. TORT LAW AND THE TRADITIONAL APPROACH TO PERSONALITY RIGHTS ........................................................................ 33 II. NEW DIMENSIONS OF PERSONALITY PROTECTION IN PRIVATE LAW .................................................................................................... 37 A. From ‘Reactive’ to ‘Preventive’ Strategies ........................ 38 B. The Emergence of the Human Body as a Legal Object ................................................................................. 40 C. The Commercialization of Personality ............................... 41 III. WHO OWNS IDENTITY? ...................................................................... 43 IV. THE QUESTIONS AT STAKE ................................................................. 46 V. THE PROTECTION OF PERSONAL AUTONOMY: A MATTER OF PRIVACY OR PROPERTY? .................................................................... 48 A. Incorporeal Attributes and the Dominance of Property Rules .................................................................... 48 B. Body Parts and Liability Rules ........................................... 51 VI. LICENSING IDENTITY? ........................................................................ 54 A. The Human Body and the Gift Paradigm ........................... 54 B. Commercial Exploitation of Personality and the Limits of Freedom of Contract .......................................... -
Image Is Everything Lowenstein Sandler’S Matthew Savare Gives a Comparative Examination of Publicity Rights in the US and Western Europe
Publicity rights Image is everything Lowenstein Sandler’s Matthew Savare gives a comparative examination of publicity rights in the US and western Europe Comedian Steven Wright once joked, “It’s a small world, but I the person’s identity has “commercial value” versus only 10 years for wouldn’t want to paint it”. Over the last decade, the proliferation those whose identity does not. of digital technologies has not made the world smaller or easier to • Remedies – the remedies available to plaintiffs also vary from state paint, but it has significantly hastened the globalisation of content. This to state. For example, New York’s statute provides for injunctions, transformation, coupled with the developed world’s insatiable fascination compensatory damages, and discretionary punitive damages. Ohio’s with fame, has spurred the hyper commoditisation of celebrity. statute, which offers the most remedies of any state statute, permits Despite the universality of celebrity, the laws governing the injunctions; a choice of either actual damages, “including any commercial exploitation of one’s name, image, and likeness differ profits derived from and attributable to the unauthorised use of an widely between the US and the nations of western Europe. In light individual’s persona for a commercial purpose” or statutory damages of the increased trafficking in celebrity personas between the two between $2,500 and $10,000; punitive damages; treble damages continents, a brief comparative analysis is warranted. if the defendant has “knowledge of the unauthorised use of the persona”; and attorney’s fees. A primer on US right of publicity law Courts have used primarily three methodologies or some The right of publicity is the “inherent right of every human being to combination thereof to value compensatory damages. -
Privacy Online: a Report to Congress
PRIVACY ONLINE: A REPORT TO CONGRESS FEDERAL TRADE COMMISSION JUNE 1998 FEDERAL TRADE COMMISSION Robert Pitofsky Chairman Mary L. Azcuenaga Commissioner Sheila F. Anthony Commissioner Mozelle W. Thompson Commissioner Orson Swindle Commissioner BUREAU OF CONSUMER PROTECTION Authors Martha K. Landesberg Division of Credit Practices Toby Milgrom Levin Division of Advertising Practices Caroline G. Curtin Division of Advertising Practices Ori Lev Division of Credit Practices Survey Advisors Manoj Hastak Division of Advertising Practices Louis Silversin Bureau of Economics Don M. Blumenthal Litigation and Customer Support Center Information and Technology Management Office George A. Pascoe Litigation and Customer Support Center Information and Technology Management Office TABLE OF CONTENTS Executive Summary .......................................................... i I. Introduction ........................................................... 1 II. History and Overview .................................................... 2 A. The Federal Trade Commission’s Approach to Online Privacy ................. 2 B. Consumer Privacy Online ............................................. 2 1. Growth of the Online Market ...................................... 2 2. Privacy Concerns ............................................... 3 C. Children’s Privacy Online ............................................. 4 1. Growth in the Number of Children Online ............................ 4 2. Safety and Privacy Concerns ...................................... 4 III. Fair -
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. -
Mass Surveillance
Thematic factsheet1 Update: July 2018 MASS SURVEILLANCE The highly complex forms of terrorism require States to take effective measures to defend themselves, including mass monitoring of communications. Unlike “targeted” surveillance (covert collection of conversations, telecommunications and metadata by technical means – “bugging”), “strategic” surveillance (or mass surveillance) does not necessarily start with a suspicion against a particular person or persons. It has a proactive element, aimed at identifying a danger rather than investigating a known threat. Herein lay both the value it can have for security operations, and the risks it can pose for individual rights. Nevertheless, Member States do not have unlimited powers in this area. Mass surveillance of citizens is tolerable under the Convention only if it is strictly necessary for safeguarding democratic institutions. Taking into account considerable potential to infringe fundamental rights to privacy and to freedom of expression enshrined by the Convention, Member States must ensure that the development of surveillance methods resulting in mass data collection is accompanied by the simultaneous development of legal safeguards securing respect for citizens’ human rights. According to the case-law of the European Court of Human Rights, it would be counter to governments’ efforts to keep terrorism at bay if the terrorist threat were substituted with a perceived threat of unfettered executive power intruding into citizens’ private lives. It is of the utmost importance that the domestic legislation authorizing far-reaching surveillance techniques and prerogatives provides for adequate and sufficient safeguards in order to minimize the risks for the freedom of expression and the right to privacy which the “indiscriminate capturing of vast amounts of communications” enables. -
Mass Surveillance
Mass Surveillance Mass Surveillance What are the risks for the citizens and the opportunities for the European Information Society? What are the possible mitigation strategies? Part 1 - Risks and opportunities raised by the current generation of network services and applications Study IP/G/STOA/FWC-2013-1/LOT 9/C5/SC1 January 2015 PE 527.409 STOA - Science and Technology Options Assessment The STOA project “Mass Surveillance Part 1 – Risks, Opportunities and Mitigation Strategies” was carried out by TECNALIA Research and Investigation in Spain. AUTHORS Arkaitz Gamino Garcia Concepción Cortes Velasco Eider Iturbe Zamalloa Erkuden Rios Velasco Iñaki Eguía Elejabarrieta Javier Herrera Lotero Jason Mansell (Linguistic Review) José Javier Larrañeta Ibañez Stefan Schuster (Editor) The authors acknowledge and would like to thank the following experts for their contributions to this report: Prof. Nigel Smart, University of Bristol; Matteo E. Bonfanti PhD, Research Fellow in International Law and Security, Scuola Superiore Sant’Anna Pisa; Prof. Fred Piper, University of London; Caspar Bowden, independent privacy researcher; Maria Pilar Torres Bruna, Head of Cybersecurity, Everis Aerospace, Defense and Security; Prof. Kenny Paterson, University of London; Agustín Martin and Luis Hernández Encinas, Tenured Scientists, Department of Information Processing and Cryptography (Cryptology and Information Security Group), CSIC; Alessandro Zanasi, Zanasi & Partners; Fernando Acero, Expert on Open Source Software; Luigi Coppolino,Università degli Studi di Napoli; Marcello Antonucci, EZNESS srl; Rachel Oldroyd, Managing Editor of The Bureau of Investigative Journalism; Peter Kruse, Founder of CSIS Security Group A/S; Ryan Gallagher, investigative Reporter of The Intercept; Capitán Alberto Redondo, Guardia Civil; Prof. Bart Preneel, KU Leuven; Raoul Chiesa, Security Brokers SCpA, CyberDefcon Ltd.; Prof.