Dominguez 1

Eveiaiuo Bominguez
CST S7S
1u1412
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Piivacy is one thing many seem to want. Bow much one is willing to give up
uiffeis fiom peison to peison. In the 0S businesses seem to take auvantage of laws
that seem to be outuateu. In the time befoie the tiageuy of Septembei 11, Ameiicans
hau moie of a giip when it came uown to peisonal infoimation. Aftei Septembei 11
many Ameiicans began to loose the piivacy they once hau a giip of. Auvances in
technology anu how goveinment agencies woikeu seemeu to change how the
goveinment vieweu oui piivacy. At the same time othei countiies weie woiking on
how to bettei piotect anu ensuie theii people that no one coulu invaue theii
piivacy. By looking at the aiguments anu iueas biought foiwaiu by !"# %&'&() *+
,-&./01 anu 2%&03, we will look at how otheis peiceive the teim piivacy.
In the era before September 11, 2001, the terms of privacy was not a big concern
to the American people. In fact our own government had rules and limits to what and
how much information they could get. The only real documentation that protected our
privacy was the Privacy Act of 1974. The Privacy Act stated:
(1) upon iequest by any inuiviuual to gain access to his iecoiu oi to any
infoimation peitaining to him which is containeu in the system, peimit him
anu upon his iequest, a peison of his own choosing to accompany him, to
ieview the iecoiu anu have a copy maue of all oi any poition theieof in a
foim compiehensible to him, except that the agency may iequiie the
inuiviuual to fuinish a wiitten statement authoiizing uiscussion of that
inuiviuual's iecoiu in the accompanying peison's piesence;
(2) peimit the inuiviuual to iequest amenument of a iecoiu peitaining to him
anu(The Piivacy Act of 1974)
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This act pietty much tolu an inuiviuual what type of infoimation the goveinment
hau of someone. The Piivacy Act even let you appeal any infoimation you though
the goveinment shoulu not have. A big issue befoie Septembei 11 was that
goveinment agencies hau specific iules to follow when shaiing infoimation with
othei agencies. Nichael Cheitoff, once secietaiy of Bomelanu Secuiity explains:
Exchange of infoimation collecteu by foieign anu uomestic agencies was
ueteimineu by a stiict set of iules that was (peihaps somewhat incoiiectly)
inteipieteu as foibiuuing puie "intelligence" infoimation fiom being
collecteu foi law enfoicement puiposes, anu - conveisely - maue it uifficult
to shaie ciiminal justice-ueiiveu infoimation with othei agencies (Cheitoff,
2u11)
Cheitoff talks about how it took the 0S goveinment so long to finally leain that it
was not making an effoit to piotect its own soil. I can paitially agiee with Cheitoff
that you figuieu the 0S goveinment woulu leain fiom the 199us 0klahoma City
bombing oi fiom the 199S bombing of the Woilu Tiaue Centeis. But the 0S
congiess was still uefenuing people iight to piivacy against oveiieaching
goveinment suiveillance (NcCullagh). Beclan NcCullagh, a Cnet iepoitei, even
stateu that in a 0S congiess heaiing one congiessman by the name of Spensei
Bachus saiu, "Technology has outiun the law"(NcCullagh, 2u11). What congiessman
Bachus was implying was the fact that theie neeus to be moie laws to piotect
people's piivacy.
Aftei the tiageuy of Septembei 11, the 0S goveinment changeu theii
peispective to making suie this tiageuy nevei happens again. NcCullagh saiu that
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soon aftei congiessman Bachus saiu his statement, the Bouse of Repiesentatives
maue it a law foi law enfoicement to obtain a waiiant befoie they coulu ieau
people's e-mail oi tiack mobile uevices. Soon aftei the Septembei tiageuy that law
uisappeaieu anu NcCullagh says, "The piivacy bill appioveu by the committee by
such a lopsiueu maigin uisappeaieu. Bachus not only voteu foi the Patiiot Act, but
he enueu up wiiting pait of it" (NcCullagh, 2u11). In the book !"# 4&'&() *+ ,-&./01
by Amitai Etzioni, Etzioni says. "0ne may aigue about what a chilu's iights
encompass anu whethei these take pieceuence ovei the mothei's iights; I have
alieauy suggesteu that the chilu's iight to life anu health takes pieceuence ovei the
mothei's iight to piivacy"(Etzioni, p. 42). The meaning behinu the quote is that of
the beliefs of a Communitaiian aspect. Etzioni explains that Communitaiian is the
belief of not owning iights foi ouiselves oi foi a community that is iesponsible foi
othei people (Etzioni). In a sense the Patiiot takes ovei that Communitaiian belief.
The Patiiot Act allows the 0S goveinment to benu the iights we once hau to piotect
the communities we live in. The uiffeience between this act anu the Piivacy Act of
1974 is that we have no contiol of what the goveinment wants to shaie oi what
infoimation the goveinment can get fiom us. Cheitoff best explains what the Patiiot
Act uiu foi law enfoicement by saying, "The PATRI0T Act amenueu the law to
uiamatically lowei the legal baiiiei to shaiing, anu to cieate a piesumption of
shaiing iathei than an inhibition against shaiing"(Cheitoff, 2u11). Etzioni makes a
goou point thioughout his book, he conveys the message of how much piivacy uo
we have to give up foi safety. I agiee with Etzioni that the amount of piivacy we give
has to out weight the safety we get in ietuin. Etzioni talkeu about "Negan's Laws",
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foi someone like myself the sex offenuei's heaulines anu him oi hei having to
iegistei as an offenuei, theii violation of piivacy uoes nothing foi my safety. I think
some of the things sex offenueis have to uo such as having a sample of theii BNA on
a uatabase is wiong. I think just knowing weie they live anu theii physical featuies
is all one shoulu be able to see.
0ne of the tactics the Patiiot Act openeu up foi law enfoicement was the
National Secuiity Letteis. These letteis alloweu the law enfoicement agencies to
gain customei iecoius fiom companies befoie couit appioval. The Ameiican Civil
Libeities 0nion says,
Thiough NSLs the FBI can compile vast uossieis about innocent people anu
obtain sensitive infoimation such as the web sites a peison visits, a list of e-
mail auuiesses with which a peison has coiiesponueu, oi even unmask the
iuentity of a peison who has posteu anonymous speech on a political
website. The piovision also allows the FBI to foibiu oi "gag" anyone who
ieceives an NSL fiom telling anyone about the iecoiu uemanu (Ameiican
Civil Libeities 0nion, 2u11)
These letteis weie able to show the change in tactics when it came uown to law
enfoicement using suiveillance. As oppose to befoie Septembei 11, wheie law
enfoicement woulu choose a taiget to suiveillance, law enfoicement was now
conuucting suiveillance on the untaigeteu mass of auuiences. Cailton Puivis best
uesciibeu what the goveinment was tiying to uo when he states, "Befoie 9-11, theie
was no compiehensive teiioiism uatabase. Theie was no compiehensive uata on
teiioiist oiganizations anu veiy little systematic uata on what the goveinment was
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uoing to fight teiioiism" (Puivis, 2u11). Though I can appieciate the goveinment's
effoit in keeping us safe all these yeais aftei Septembei 11, I uo not like how they
can just uo what they want when they want in an effoit to keep us safe. I'm
especially uncomfoitable with the fact that the goveinment can gathei infoimation
without giving a notice oi how they can take oui infoimation fiom businesses anu
not allowing the business to tell people the goveinment ha taken them. The Patiiot
Act has alloweu the goveinment to have seciecy that is so sacieu no one will ieally
know what infoimation they look foi oi how they use it. This again ties into that
theme of piivacy vs. safety, a fight many seem to aigue. The Ameiican Civil Libeities
0nion has taken the goveinment to couit ovei issues of piivacy. In 2u1u, Boe v.
Boluei was the fiist lawsuit that challengeu the use of National Secuiity Letteis.
Though it took multiple couit iulings to finu paits of the National Secuiity Lettei's
unconstitutional, }ohn Boe was finally able to publicly iuentify himself anu his
company (Ameiican Civil Libeities 0nion). In 2uuS, the union hau fileu a Fieeuom of
Infoimation Act against the FBI to bettei unueistanu how the agency was using
National Secuiity Lettei's. Though the Ameiican Civil Libeities 0nion continues to
fight goveinment, touay theie is almost no eviuence that they have iestoieu the
piivacy befoie Septembei 11.
Touay a lot of people aigue that state anu feueial iuentification caius violet
piivacy. Though I uo not fully unueistanu theii aigument because I uo not believe
I'm giving the goveinment any moie infoimation than I alieauy give to othei people.
uiant uioss, an IBu News iepoitei says, "Imagine a so-calleu smait caiu that
contains youi 0.S. goveinment-confiimeu iuentity, complete with biometiic
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confiimation, plus youi thiee cieuit caiu accounts, youi check caiu account, anu
possibly even youi health iecoius" (uioss, 2uuS). Though I believe the goveinment
all ieauy has my cieuit caiu account oi check account, I peisonally woulu not want
them to get the infoimation fiom me. I woulu much iathei have the goveinment
woik foi that infoimation. Baving such infoimation is a ieason some aigue that the
goveinment is centializing too much peisonal infoimation making this vulneiable
to hacking. The infoimation the goveinment has taken fiom me is no uiffeience than
me senuing out a lettei in the mail. 0ne can get a holu of my auuiess, which is
something the goveinment has. With the auvances of technology anyone can jump
on Facebook anu see infoimation such as my genuei, my age, wheie I live, wheie I
coulu be, my iueas anu stances, oi othei things the goveinment seeks. uioss also
suggest,
Such a caiu, containing a small chip that coulu stoie kilobytes of uata, coulu
let you zoom thiough the toll stations on youi local highway, act as a
passpoit when you cioss inteinational boiueis, anu contain youi passwoius
to a numbei of e-commeice Web sites (uioss, 2uuS).
If such measuie, such as a tiacking chip, woulu be put into law I believe it will
benefit us. If immigiants aie alloweu to get these smait Ius it woulu uefinitely help
tiack them to anu help the goveinment get the infoimation we alieauy give them.
The state of Aiizona is known foi tiying to get iiu of immigiants because they biing
ciime to its stieets. The fact that the goveinment uoes not have infoimation gaineu
thiough ius makes it haiuei foi law enfoicement to tiack these ciiminals. Though
many Bouse speakeis suppoiteu the smait IB caius uioss says, ".seveial
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acknowleugeu the caius coulu cieate piivacy anu secuiity conceins if implementeu
impiopeily, saiu Nancy Libin, staff counsel at the Centei foi Bemociacy anu
Technology, a piivacy auvocacy gioup" (uioss, 2uuS). Again this is one of those
things that we have to give up oui piivacy to get the safety we want.
Bata mining is a computei science technique useu to collect uata fiom
Inteinet useis. Typically, uata mining can bieakuown uata to specific categoiies
such as age, iace, genuei, anu othei things. In 2%&03, by Bill Tancei, it gives an insight
to life behinu a uata minei. Tancei says:
To accomplish this we useu one of the custom tools we have at oui uisposal:
looking thiough the changes that occui when a visitoi to one of these sites
paiticipates by uploauing content (foi YouTube, uploauing a viueo; foi Flicki,
uploauing a pictuie; anu foi Wikipeuia, euiting an entiy). 0nce we iuentifieu
the 0RL foi each of these activities, we alloweu the system to gathei uata foi
foui weeks (Tancei, p.124).
Though it is a stanuaiu foi seaich engines such as uoogle anu Yahoo to uata mine, it
is scaiy to know that companies aie collecting oui uata foi up to foui weeks. 0ne
thing is to see how useis inteiact within theii web sites but to see what website we
weie in befoie anu aftei theii website coulu be a piivacy concein to many. A stuuy
conuucteu by ueoigetown 0niveisity came out with the following iesults: "0f those
sites suiveyeu, 92.8 peicent collecteu peisonal iuentifying uata; S6.8 peicent
collecteu uemogiaphic uata; 6.6 peicent collecteu no peisonal uata; anu less than 1
peicent collecteu only uemogiaphic uata" (Paiten, 2uuu). 0ne of the things Paiten
anu Tancei aigue is that the infoimation becomes veiy useful foi businesses. The
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way businesses look at it is that the infoimation helps them taiget oi uiscovei
people. In Paiten's situation he talks about how an insuiance agent was able to
uiscovei that businesses such as a chuich coulu benefit fiom theii seivice. Though
just like many Paiten uoes mention the chuich uiu not want the insuiance seivice
noi was it too happy with the fact that such technique was useu to taiget them.
0utsiue the 0niteu States theie seems to be a uiffeient view on piivacy. The
Euiopean 0nion seems to stanu by people's iight to piivacy. No mattei what social
status one belongs to it tieats eveiyone's piivacy the same. In an aiticle by Bob
Sullivan, a technology coiiesponueu foi NBC; he talks about a case similai to Piince
Williams anu his wife. Sullivan says that the authoi of "The Thiee Nusketeeis",
Alexanuie Bumas, poseu with one of his love affaiis. The photogiaphei was seeking
a quick piofit of the pictuies but Bumas hau sueu him. Bumas won the case anu the
couit saiu, "0ne's piivacy, like othei aspects of one's honoi, was not a maiket
commouity that coulu simply be uefinitively solu" (Sullivan, 2uu6). This kinu of iuea
is one that many celebiities uieam they coulu have in the 0S. Though a pictuie of
myself woulu piobably not sell foi anything theie aie othei things the Euiopean
0nion foices. Sullivan explains that in Euiope peisonal infoimation cannot be
collecteu without the consent of the inuiviuual. Also the inuiviuual has the iight to
ieview the infoimation collecteu anu coiiect any inaccuiacies. This kinu of iight is
one we all hau unuei the Piivacy Act. This iight was one taken fiom us aftei
Septembei 11. Anothei thing that the Euiopean 0nion uoes is that it makes
companies that uata mine shaie any of its activities with the goveinment. Though
some in the 0S woulu not want any infoimation about them to be shaieu with
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anyone incluuing the goveinment. I believe that by making uata mining companies
shaie theii activities with the goveinment woulu not allow companies to piactice
techniques which coulu be uisciiminative. Anothei iight we hau in the Piivacy Act
that was taken fiom us is that companies cannot shaie peisonal infoimation
without oui peimission. This is one of the things that goveinment agencies aigueu
that woulu have pieventeu Septembei 11. I believe that if the Euiopean 0nion is
able to still maintain a safe countiy without taking these iights away, why can't the
0S uo the same. 0ne thing Sullivan mentions that I nevei thought about much was a
cleik asking foi youi telephone numbei. Safeway is known foi asking its customeis
foi theii phone numbeis but I nevei ieally thought about what they coulu get with
my telephone numbei. Ny telephone numbei gives me a Safeway iu weie Safeway
coulu tiack my expenses anu tiack how much I get of a ceitain item. The Euiopean
0nion uoes not allow stoies to collect telephone numbeis. It also uoes not allow
employeis to ieau woikeis' piivate e-mail. Though I suppoit the Euiopean 0nion's
iight to not allow employeis' to ieau ones' piivate email, in my goveinment job I
coulu see that this coulu be a pioblem. The last thing the goveinment wants is foi its
employees such as myself senuing seciet oi sensitive mateiial to oui emails.
Piivacy can change in the view of an inuiviuual, a society, oi fiom countiy to
countiy. }ust as in the 0S, Inuia acknowleuges that technology has bypasseu cuiient
laws. Inuia has only one law piotecting its citizens fiom acts of technology. In 2uuu
Inuia's goveinment passeu The Infoimation Technology Act. The act simply
piotecteu its people fiom ecommeice such as giving the people the iight to sue
businesses that kept theii infoimation via electionic foim (Business Euucation,
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2u11). The act was cieateu in the vision to iestiict electionic ciime. Touay Inuia's
goveinment says it is committeu to piotect its citizens fiom technology. Accoiuing
to Piivacy Inuia, "0ne of Piivacy Inuia's goals is to builu consensus towaius the
piomulgation of a compiehensive piivacy legislation in Inuia thiough consultations
with the public, legislatois anu the legal anu acauemic community" (vaz, 2u12).
Nany coulu aigue that Inuia's appioach to builu a law with the help fiom its people
is something the 0S shoulu uo. It's one of Tancei's aiguments about how cultuie
influences piivacy. It's something the Inuian goveinment takes into consiueiation.
In Colombia theie seems to be a uiffeient piivacy challenge. The only thing
that piotects its people fiom piivacy is its constitution fiom 197S. It ieaus:
(1) the iight to piotect peisonal uata fiom illegal use oi hanuling by uata
collectois oi public anu piivate iecoiu keepeis;
(2) the iight to know, upuate, anu fix peisonal uata founu in uatabases anu
iecoius helu by public anu piivate entities. Accoiuing to a sentence by the
Colombian Constitutional Couit (T-46297), this iight can be invokeu by
both piivate peisons anu legal entities; anu
(S) the uata subject iight to access anu contiol peisonal uata helu by piivate
oi public entities (iBLS, 2u12).
Though these iights aie similai to the Piivacy Act of 1974, Columbians have little to
no piivacy when it comes to technology. The Columbian goveinment has maue
effoits to change its piivacy laws. In 2uu8 the Columbian Telecommunication
Commission uiscuss the issue of piivacy in Columbia. Though iBLS says that no Acts
oi laws aie cuiiently penuing, the piivacy effoits have intensifieu.
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The sense of piivacy is vieweu uiffeiently aiounu the woilu oi even fiom
peison to peison. By looking at the iueas biought foiwaiu by !"# %&'&() *+ ,-&./01
anu 2%&03, we can see how it has changeu in the 0niteu States anu thioughout the
woilu. Befoie the tiageuy of Septembei 11 in 2uu1, we hau much a much moie
piivate life anu coulu contiol infoimation about ouiselves. Aftei the tiageuy it
seems the 0S has taken oui iights just as the iest of the woilu woikeu to give its
people moie iights. The Euiopean 0nion has maue suie citizens have the iight to
contiol theii peisonal infoimation anu has stoppeu the ciimes technology touay can
cieate. In othei paits of the woilu countiies continue woiking to help piotect its
citizens fiom technology. Is Etzioni iight, uo we have to give up piivacy to have
safety.












Dominguez 1S
6787-7+17*
(1974). The Piivacy Act of 1974.
Retiieveu 2u12 fiom http:www.justice.govopclpiivstat.htm
(2uu1). National Secuiity Letteis. Ameiican Civil Libeities 0nion. Retiieveu
2u12 fiom http:www.aclu.oignational-secuiity-technology-a nu-
libeitynational-secuiity-letteis
(2uu1). 0SA PATRI0T Act. FinCen. Retiieveu
2u12 fiom http:www.fincen.govstatutes_iegspatiiot
(2uu1). The 0SA PATRI0T Act: Pieseiving Life anu Libeity . Peiseiving Life &
Libeity. Retiieveu
2u12 fiom http:www.justice.govaichivellhighlights.htm
(2uu9). Infoimation Technology Act 2uuu. Business Euucation. Retiieveu
2u12 fiom http:business.svtuition.oig2uu911what-is-info imation-
technology-act-2uuu.html.
(2u12). }ustice Bepaitment seeks moie than 1,7uu seciet waiiants. Fox
News. Retiieveu
2u12 fiom http:www.foxnews.compolitics2u12uSuSjustice -
uepaitment-seeks-moie-than-17uu-seciet-waiiants
Aiias, Naitha, L. (2u12). INTERNET LAW - Bata Piotection in
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aspx.s=latestnews&iu=214S
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Dominguez 14
Affaiis. Retiieveu 2u12 fiom http:www.hsaj.oig.fullaiticle=7.2.1S
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NcCullagh, Beclan. (2u11). Bow 911 attacks ieshapeu 0.S. Piivacy
uebate. Cnet. Retiieveu 2u12 fiom http:news.cnet.com8Su1-S1921_S-
2u1uS7Su-281how -9-11-attacks-ieshapeu-u.s-piivacy-uebate
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uiiven-technology-auvancements-uu86Su
Sullivan, Bob. (2uu6). 'La uiffeience' is staik in E0, 0.S. Piivacy laws. NBC
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.0BuwBiQ1ZSv
vaz, Natasha. (2u12). Iuentity, Ninoiities, Social Netwoiking anu Piivacy . Piivacy
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