Privacy and Ethics

Law

Do we have a constitutional right to privacy?
- The Fourth Amendment protects us against illegal search and seizure.
- The Fifth Amendment protects us against self-incrimination.
- Many legal opinions have been expressed that when privacy is violated, some other law is also broken.
Quote Senator Sam Irvin on the 1974 Privacy Act
- The 1974 Privacy Act made it illegal for most government agencies to share information without due process.
- It was undermined over time, and the 1984 Federal Deficit Reduction Act nullified much of it.
Virginia Privacy Law
ECPA Electronic Communications Privacy Act, 1986 (New legislation is under consideration.)
Privacy Legislation
Electronic Privacy Information Center
ACM Privacy Page
Can the industry regulate itself? TRUSTe

Data Gathering Policies, Issues to Consider:

How is data gathered and verified
How is it maintained (corrected and updated)
How is it kept secure
What are the policies for its use
When will it be destroyed

Terms
Panopticon ("information prison")
"opt in" vs "opt out"
Terms: "data mining" "profiling"

Discussion:
What are the dangers? Will we live in a "dossier society" or worse, an "information prison (panopticon)?"
Carnivore and FIDNet (Federal Intrusion Detection Network).
DoubleClick.com
Microsoft's "Hailstorm"
Workplace surveillance
As population increases and as communication technology increases, are we likely to have more or less privacy? Will we value it more or less.
COPPA-Children's On-line Privacy Protection Act of 1998

For a socio-political perspective on this topic, see: Oscar Gandy, The Panoptic Sort. Westview Press, 1993.