Wendy Seltzer, of Northeastern U, was the speaker and did a good job of providing a sort of "history of privacy" crash course. To summarize:
- Katz vs the US - basically, a man is charged because the FBI was snooping on a call from a public phone. The FBI position, "there was not physical intrusion" and his position, "yeah, but I (and society) have an expectation of privacy" in that context. The supreme court ultimately sided with Katz, but Seltzer raised the question, "How does the 'expectation of privacy' apply when we're posting all of our information on Facebook?"
- Netflix had a $1M contest asking someone to come up with an improved movie recommendation algorithm. Here's the scary question: can your movie recommendations be traced back to you? Does it matter? The answer is 'yes' (researchers reverse-engineered it) and 'yes' (because this teacher didn't get her teaching certificate due to the contents of her MySpace page).
- AOL's mishap over a year ago reads like a dark comedy. The example that Selzer gave was the discovering of the identity of a 62 year old woman "No. 4417749" that searched for : “numb fingers”, “60 single men”, “dog that urinates on everything.” I thought this was 'funny':
User 311045, possibly a Florida resident, is preoccupied with another topic as well:The net of it, according to Seltzer, was that future legislation needs to take into account the "context" of privacy violations. In other words, if I post a drunk picture of myself on Facebook, that's not intended for employers or the electorate, but for my friends only.
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I'm not sure I agree.
- Ubiquity makes information "contextless": The availability of the information makes the "context" of this information indeterminable. It would be like painting my social security number on the side of a building and trying to claim that it's intended only for my wife.
- Legislation shouldn't replace personal responsibility: If I post my social security number publicly in Facebook, I'm sorry, it's my fault if my identity is stolen. This also assumes adequate public education, which may not be a fair assumption at this point. It never occurred to me that my searches and netflix activities paint such a clear picture of my identity.
- Legislation should protect from consolidation and broken promises: If two companies (say Google and Blogger) merge, both of whom I've consented to having my information, that doesn't mean I consent to my data being merged. If a company promises a level of privacy protection, and fails to do so, I should have recourse. Though, this just seems like standard contract law.
- Existing notions of privacy are antiquated: Society should fundamentally rethink personal privacy instead of trying to find technology and legislation to maintain our current notions. The genie's out of the bottle.
1 comment:
Interesting post. Privacy is certainly a subject that should remain interesting for some time to come, no? I heard something on the radio the other day about privacy in regards to medical records, where an M.D. was saying that in reality -- people don't mind sharing their medical information if it benefits them in terms of social connection and/or society in terms of understanding a condition better. Now, I'm not sure I agree with this contention, but that's what they said. The counter argument posed was then "well, why HIPAA then?" which is where it became really interesting. Allegedly HIPAA was really designed to help standardize and protect the electronic storage of patient information for portability reasons, but by way of process it got morphed into something much bigger -- privacy compliance -- and thus has ended up having many unforeseen implications. Examples of such are discussed in a New York Times article here. I mention this only because unfortunately I believe online privacy and legal "protective" machinations will follow suit -- where unforeseen consequences will arise regularly; I think its going to take quite awhile for the correct balance to assert itself. BTW, I completely agree with your description of our notions of privacy being antiquated.
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