Our Rights: Are they in Conflict

1
Our Rights Are they in Conflict

• Right to Privacy
• Freedom of Speech
• Right to Know

2
Right to Privacy

• Freedom to be left alone
• Freedom to control information collected about
  us
• Freedom from Surveillance from being WATCHED!

3
Fourth Amendment

• 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.

4
Privacy is a balancing act

• Safeguard personal and group privacy in order to
  protect individuality and personal freedoms from
  authorities
• Collecting information essential for decision
  making in social, commercial and governmental
  areas
• Protection the health and welfare of the nation

5
Anonymity

• Can protect both privacy and freedom of speech.
• BUT
• It makes crime easier !?

6
What is personal information?

• Who collects it?
• Why do we care?
• Hasnt personal information always been collected
  about individuals?
• Why is this a computer issue?

7
Personal Information

• Computers make personal information gathering
  easier!
• Much easier

8
Personal Information

• Cookies
• Matching
• Secondary use
• Computer profiling
• 1984 Big Brother IS Watching!

9
Big Brother is Watching?

• Privacy Act of 1974
• Computer Matching and Privacy Protection Act of
  1988

10
Big Brother is Watching?

• IRS only agency that assumes you are guilty and
  must prove you are innocent
•  
• Crime Investigation Burden of Proof
• What if a computer model thinks someone has
  committed a crime?

11
Fourth Amendment Right to Privacy

• Supreme Court has upheld many times that citizens
  have a right to privacy!
• But do we really?

12
Fourth Amendment

• 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.

13
Probable Cause

• Means good reason
• What about personal information collected about
  us that is not safe in our home or in the offices
  of our doctors or financial advisors.
• Cant --Govt. agencies just go to
  non-governmental databases to learn about us
• Credit reports
• Purchasing records
• Student records

14
USA PATRIOT Act of 2001

• Permits the government collect information from
  financial institutions on any transactions that
  differ from a consumers usual pattern and eased
  access to many other kinds of personal
  information without a court order.
• What about ISP logs, and Internet cookies?
• What about On-line purchasing records?

15
National Identity Cards!

• Isnt this what our Social Security Number was
  intended to be?

16
Social Security Number

• Created in 1936 for the exclusive use by the
  Social Security Program
• 1943 Roosevelt signed order using SS for other
  federal records
• 1961 SS became taxpayer ID number, making it
  accessible by all employers
• 1976 state and local tax, welfare and motor
  vehicle departments can use
• 1988 parents provide their SS to get a childs
  birth certificate
• 1988 IRS requires parents list childs SS on
  tax returns to get deduction
• 1996 authorized use of SS for occupational
  licenses and marriage license

17

• SO
• Isnt the SS already a national ID number

18
Social Security Number

• VA Voter Registration -- struck down in 1993
• Drivers Licenses Congress repeals ability to
  use SS in 1999
• BUT

19
Social Security Number

• You cant get a loan without a credit check that
  ASKS for your SS
• You cant get a credit card without a credit
  check that ASKS for your SS

20
Personal Health Card?

• What about personal health information?
• Should we carry this information on our person?
• Once collected, who could see it?