Title Slide

1
Title Slide
2
The Fourth Amendment (1791) The right of the
people to be secure in their persons, houses,
papers, and effects, against unreasonable
searches and seizures, shall not be violated, and
no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and
particularly describing the place to be searched,
and the persons or things to be seized.
3
Information and Communications Technology Today
Telephone
Telephone
VoIP Router
PDA Phone ((GSM or CDMA))
3G
Cell phone
Cable Modem
Phone Line
Laptop Computer
VoIP Gateway
IP Phone
DSL Modem
ISP Gateway
WiFi Access Point
Phone Line
PBX Gateway
Cable Modem
PSTN
Computer
Computer
iPBX (Gateway)
Telephone
IP Phone
PBX
Telephone
4

• Six wonderful, disruptive technology trends
• Storage
• Search
• Location awareness
• Identification
• Sensing
• Interoperability

5
AccuTracking
6
Family Locator
7
OnStar
8
IBM Sametime
9
Dodgeball
10
WhoAt
11
IETF Real-time
Location, location, location GPS, hi-resolution
aerial and satellite-borne imaging devices,
location-tagged sensor feeds, cell phone location
technologies, webcams and RFID are creating new
torrents of geospatial data, much of it
real-time. Mark Reichardt, President, Open
Geospatial Consortium (June 2006) http//www.openg
eospatial.org/
12
IETF Real-time
Basic Rule Whatever you have, the government can
get. The only question is what standard does it
have to meet?
13
(No Transcript)
14
Storage
Records (data at rest) outside the home - not
protected by the Constitution at all Couch v. US
(1972) - tax records held by accountant US v
Miller (1976) - bank records No 4th Amendment
coverage The Business Records or Third
Party Records Doctrine
15
Storage
Records (data at rest) outside the home - not
protected by the Constitution at all Limited in
significance when data was stored on paper, hard
to retrieve, transfer and analyze in large volumes
16
Storage
Certain data in transit - signaling or routing
data - non-content not protected by the
Constitution at all Smith v. Maryland (1979) -
dialed numbers No 4th Amendment coverage The
Transactional Records Doctrine
17
Storage
Certain data in transit - signaling or routing
data - non-content not protected by the
Constitution at all Limited implications when
transactional data didnt reveal very much and
was hard to analyze and when it was easy to
distinguish between content and non-content.
18
Storage
The rule that signaling or routing data -
non-content - is not protected by the
Constitution at all takes on added significance
if location data is widely collected in digital
form and treated as unprotected transactional
data
19
The Courts are Struggling Denying Cell Tracking
under Pen Register EDNY, Oct 2005 SD Tex, Oct
2005 D DC, Jan 2006 ED Wi, Jan 2006 D Md, Feb
2006 SDNY, Feb 2006 WDNY, Feb 2006 WD Tex, Feb
2006 ND Ill, July 2006 Granting Cell Tracking
under Pen Register WD La, Jan 2006 SD WVa, Feb
2006 SDNY, Oct 2006 http//www.eff.org/legal/cas
es/USA_v_PenRegister/
20
Rodriguez v. United States, 878 F. Supp. 20, 24
(S.D.N.Y. 1995) (no expectation of privacy in
public street) McCray v. State, 84 Md. App. 513,
519 (1990) (no expectation of privacy where
complainant was filmed walking across a public
street). Reporters Comm, US Supreme Court,
rejecting the cramped notion of personal
privacy that because events . . . have been
previously disclosed to the public, . . . the
privacy interest in avoiding disclosure of a . .
. compilation of these events approaches zero.
Kyllo, US Supreme Court, The present case
involves officers on a public street engaged in
more than naked-eye surveillance of a home. We
have previously reserved judgment as to how much
technological enhancement of ordinary perception
from such a vantage point, if any, is too much.
21
Congress has struggled too (1) Privacy
requirements for telecommunications carriers.
Except as required by law or with the approval
of the customer, a telecommunications carrier
that receives or obtains customer proprietary
network information by virtue of its provision of
a telecommunications service shall only use,
disclose, or permit access to individually
identifiable CPNI in its provision of (A) the
telecommunications service from which such
information is derived, or (B) services necessary
to, or used in, the provision of such
telecommunications service, including the
publishing of directories. 47 USC 222 (1996).
22
Congress has struggled too (1) Privacy
requirements for telecommunications carriers.
Except as required by law or with the approval
of the customer, a telecommunications carrier
that receives or obtains customer proprietary
network information by virtue of its provision of
a telecommunications service shall only use,
disclose, or permit access to individually
identifiable CPNI in its provision of (A) the
telecommunications service from which such
information is derived, or (B) services necessary
to, or used in, the provision of such
telecommunications service, including the
publishing of directories. 47 USC 222 (1996).
23
Congress has struggled too (1) Privacy
requirements for telecommunications carriers.
Except as required by law or with the approval
of the customer, a telecommunications carrier
that receives or obtains customer proprietary
network information by virtue of its provision of
a telecommunications service shall only use,
disclose, or permit access to individually
identifiable CPNI in its provision of (A) the
telecommunications service from which such
information is derived, or (B) services necessary
to, or used in, the provision of such
telecommunications service, including the
publishing of directories. 47 USC 222 (1996).
24
Sprint Privacy Statement
25
Sprint Privacy Statement
26
Sprint Privacy Statement
Privacy Policies
27
The FTC might have something to say about this
Custodial responsibility Microsoft
Passport Eli Lilly BJs Wholesale Club DSW Shoe
Warehouse
28
Data Retention
29
The solution space 1. Technology
design 2. User empowerment/education 3. Industry
best practices 4. Law Statute Court decisions
30
The Fourth Amendment (1791) The right of the
people to be secure in their persons, houses,
papers, and effects, against unreasonable
searches and seizures, shall not be violated, and
no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and
particularly describing the place to be searched,
and the persons or things to be seized.
31
Title Slide
James X. Dempsey Center for Democracy and
Technology jdempsey_at_cdt.org www.cdt.org