JoseRicoMartinez

StephanieBarnard
JasonLumicao
CST373
15October2015
TheLimitsofPrivacyPost9/11

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IntroductionWhatisprivacy?

According to definition in Webster dictionary, privacy has many meanings. Privacy is the state
of being alone, the state of being away from other people, the state of being away from public
attention, including the freedom from unauthorized intrusion. Privacy is an issue of profound
importance for each individual around the globe. In almost every nation, documented
constitutional rights, have taken place as a judicial decisions, in order to protect a persons
privacy. Many countries around the world, have enshrine privacy asafundamentalrightintheir
constitutional laws, however, in the United States, the Constitution doesnotexplicitlymakeuse
of the word privacy. Instead, the Constitution safeguards the sanctity of a personshome,and
protectstheconfidentiality ofcommunicationsfromgovernmentintrusion(Solove,p.2).In1791,
when the founding fathers were pursuing separation,fortheU.S.,fromatyrannicalgovernment,
they wrote the Bill of Rights as a collective name for the first ten amendments to the U.S.
Constitution. The Fourth Amendment in particular, proves tobeanimportantcornerstoneforall
privacylaws:
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 issued, but upon
probable cause, supported by oath or affirmation, and particularly describing the place to be
searched,andthepersonorthingstobeseized.
In addition, Fifth Amendment also provides protection against selfincrimination. More
recently,theU.S.SupremeCourthasheldtheConstitutiontopreservethezoneofprivacy,and
include decisions people make of theirsexualconduct,birthcontrol,health,includingprotection
ofpersonalinformationagainstunwarranteddisclosurebythegovernment(Solove,p.3).

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Privacy intodayssocietyencompasseswithwhom,apersondecidestowhetherornot,associate
with. It also incorporates the ability of a person to share disclosed information at their own
discretion. However, in this modern eraoftechnology,personalinformationbeingtransferredas
data, is constantly recorded or under attack. Individual privacy isatthe coreofpersonalidentity
and personal freedom. While the argument could be made for gathering or recording of
information, to serve a useful purpose for health, finances, and identity. Laws written toprotect
privacy, do not hinder brokers to collect and distribute sensitive information. This unfavorable
ability for individuals to choose withwhomtoassociatewith,poseasignificantcauseforworry.
When we assent to becoming a member of society, we agree to give up some freedom and
independence. That freedom that remains is what constitutes our common notion of individual
privacy(Mills,2008).
While the general public is content with using Facebook, Google, Amazon, and several
other companies who gather user information they reject the notionofthegovernmentusing the
same information to protect its citizens especially after 9/11. The U.S. government needed to
reaffirm its citizens, a primary objective, providing basic security and civic peace. Now is the
time to consider whether the government has our best interest for privacy, rather than a greedy
corporationlookingforprofits.
OurPersonalConceptsofPrivacy:
Steph:
GenderFemale
Age:21
Ethnicity:BlackAmerican

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As a black woman in the United States, my concepts and values of privacy is much
different from that of other citizens. To me,Americaismyhomebecauseitis all that myfamily
and I know. I am a part of a minority whoishasbeenwatchedandscrutinizedforaslongas we
can remember. Growing up in a black family was challenging with elders who want to see our
youth excel in order to combat the reality of just being another statistic another zero in the
system. FrommygrandmotherwhowasmakingsurethatIkeptmymoralsandreligionintactin
order to become spirituallysuccessfultomy motherwhoremindedmeeverydaythatnochildof
hershasalovelifebecauseeducationisfartoovaluableasablackwoman.
I am the youngest of three children and following my 25 yearold brother and my 33
yearold sister. Although my siblings and I had the same biological father, he was not
consistently presentinneither ourlivesnorourhome.Thisplayedavitalrolebothinthewaywe
were raised and how we each viewed the world. I shared a room with my brother when Iwasa
toddler because we were much closer in age than my sister and me. This helped shaped me in
many ways. I became close to my brother, which resulted in me getting along with guys much
better thangirls.Thethingsthatyounggirlsaretaughtshouldbeconversationshadamongsolely
girls, I was comfortable having with guys because of therelationshipIhadwithmybrother.For
example, I was more comfortable talking to my boy friends about who I had a crush on rather
than talking to a girls aboutit.However,asIgrewup,mymother,sisterandgrandmothertaught
methevalueofprivacyasawoman.
Although my family taught me that I should value my privacy as a woman,asachildof
mothers, I had no privacy when it came to her knowing. This was a way she could stay
connected and involved in the way I was being brought up and the direction my lifewastaking

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me in. She knew about every bad grade, every phone conversation, any social media account,
and even notes I passed in class. I find privacy to be conditional depending on the person and
theirbackgroundandmorals.
Jason:
Gender:Male
Age:21
Ethnicity:Filipino

I am a first generationImmigrantAmerican.IwasbornandraisedinthePhilippines,and
growing up in a third world countryhasshiftedmyviewsonprivacy.Ihavetakenaclosenotice
on the definition of privacy coming from two perspectives, one from what I learned from my
eldersandschoolinginthePhilippinestohowIgrewupandwhereIamnowinAmerica.
I grew up in a rural town called Bayombong. It was a small farming town at thetimeof
my youth, and it was very close to its roots.The peoplewerelivingthetypicaltraditionallifeof
farming and other simple, but rewarding lifestyles.Communitywashighlyvaluedintownssuch
as these since helping others and giving back to the community helped everyone prosper. From
simple farm workers to even doctors, there is always a way to contribute to the community.
Everybody wascloseandeldersofthecommunitywouldpassdowntotheyouthtoalwaysvalue
your neighbors since the community is essentially the embodiment of a family. This shapedmy
being as well contributing to my understanding of privacy at an early age to always be honest,
buildatrustwithothers,andtonotkeepsecretsfromyourneighbors.
My understanding of privacy became even more prevalent when my family decided to
move to the U.S. It wasquiteacultureshock sinceeverypersonwasstrictlyfollowingtheirown
agendas and I did not immediately find a sense of community. People were more social and

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connections were everywhere, and at the same time everyone only cared what revolved around
them. Regardless what outlet it may be from using technology to connect via social media,
physical interactions, and anything in between people wanted to make connections. My
understanding of privacy was almost like an object that we take care and only exclusive to
ourselves,howeverwillingtoshareittothosewedeemappropriatetobeabletolook.
Overall I still remember the teachingsIlearnedasachildfromanothercountry,andIam
somewhat finding a middle ground to balance out my life that I live now. Privacy is a very
important object in my life as it establishes information as to who I am as a person. It defines
what I value, what I want others to see me, and appliestruetohowIunderstandothersandhow
they end up becoming represented. Privacy is both a glass house andawellsecured vault toour
verybeing.ThatishowIseeprivacy.
Rico:
Gender:.
Male
Age:42
Ethnicity:Mexican

I think of privacy as an important meaning for an individual to feel, secure and

independent, in todays society. Principles founded in the United States, serve as a guideline to
translate the importance of privacy for each individual. I agreewith
theauthor,AmitaiEtzionis
eloquent statement, Privacy cannot be extended to the point where it undermines the common
good conversely, duties set to maintain social order cannotbeexpandedtothepointwherethey
destroy privacy. Thus, policymakers and citizens who advocate the communitarian ideal of
equilibriumbetweenprivacyandthecommongoodmayseektolimitprivacywhendoingsowill
yield major gains in public safety and health and no viable alternatives are available (Etzioni,

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p.200). Contemporary beliefs about privacybeinginvadedbylargecorporate entities,formarket

profiting, or government spying on everyone, has generated misconceptions and distrust for the
greater good. Sometimes, people forget, the United States government works through a
democracy, to understand and establisharespectablebalanceofprotectingpersonalprivacy,and
doing what isnecessary,toprotectitscitizens,culture,andcountry.Someforeigncountrieshave
expressed their feelings that oppose the way we do business, and the lifestyle that is present in
America. But lets not confuse the primary responsibility of the Americangovernment,withthe
U.S. corporate greed of gathering personal, financial, biographic, browsing history of people in
theUnitedStatesandaroundtheworld.

TechnologyandPrivacy:

Rico:
Biometrics
Biometric technology is defined as technology that analyzes and measures unique
physiological or biological characteristics, that can be stored electronically, and retrieved for
positive identification. Biometric data canbestoredinoneormorecentraldatabasessharedonly
by people with high security clearance and authority, for use of identification verification
purposes (Etzioni, p. 115). The biggest concern with Biometrics is the verification security is
based on something you are. Unlike a password, that ismadeupandarbitrary,issomethingyou
try to remember, and can be forgotten. A token on the other hand, is something you have, or
keep, and can be lost. But a fingerprint can not be forgotten or misplaced. One of the
contemporary
problem for example, is that Apple iPhone TouchID, andotherbiometricsecurity
systems, aren't actually authenticating an individual based on fingerprints. They are

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authenticating based on a digital interpretation of an individuals fingerprints. This is just a

simplistic binary series of ones and zeros that a computer understands as digital information. If
that data version where to be intercepted or otherwise stolen by a hacker, forexample.Itcanbe
sent to the system, the victim uses to authenticate access to, and be fooled into thinking its the
authorized individuals fingerprint on the screen. An ideal security system will have controls
and security measures to prevent attackers from being able to do just that. The bigger question
and concern for companies and governmentusingBiometricsis,aftersomeonebreaksintothose
controls,howareyougoingtoresetsomeonesfingerprints?(Dale,2013).
Steph:
RFID
Modern daytechnology advancement is at an alltime high. Smart phones have evolved
into watches and glasses, home automation is on the rise and we can only imagine flying cars
arent too far out of the century which is why the creation of RFIDs was only logical. Radio
Frequency Identification (RFID) is a generic term describing the system of wireless
communication that uses radio waves to identify people and track objects. Similar to the way
barcodes work, they have two methods tags and readers. Tag chips, also referred to as
integrated circuits (IC), have been implemented into our daily lives in multiple ways, including
our passports and credit cards. Newer credit cards use the IC chips and a radio antenna to
transmit account information from your cardregardless of whether you are shopping or not
(Consumer Reports magazine, 2011). The flaw in this technology is the ability for it to be
accessedbyanyone,includingsomewhocouldfraudulentlyuseyourcreditcardinformation.
This form of technology has challenged privacy by hackers abilities credit card information,
passportinformationsocial,address,bankstatements,recentpurchases,etcetera.

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Nearly four years ago at a hacker conference, wellknown security researcher for the
consultancy Recursion Ventures, Kristin Paget (formerly known as Christopher Paget)
demonstrated the accessibility a hacker can have to this information. At theShmooconhacker
conference, Paget aimed to indisputably prove what hackers have long known and the payment
card industry has repeatedly downplayed and denied:ThatRFIDenabledcreditcarddatacanbe
easily, cheaply, and undetectably stolen and used for fraudulent transactions. (Greenberg,
2012). Though this was not new information to the security industry who has known that
contactless credit cards could be read wirelessly since 2006. In newer forms of RFID credit
cards, the card holders pin and CVV threedigit code on the back was not displayed withinthe
information a hacker would access which, the security industry argues, makes it impractical.
Although there are few benefits that come with RFID credit cards, these flaws have concerned
thepopulationwhohavethisnewtechnologyversusthetraditionalcreditcards.
Jason:
SecurityCameras
Security Cameras have been a powerful piece of technology ever since its release.Ithas
been proven to have helped several cases in scenarios of theft,robbery,andothermiscellaneous
crimes. Security cameras have become very popular and quite affordable in recent years that
even the public can purchase and installtheminwithintheconfinesoftheirprivateproperty.As
any piece of technology, security cameras are no exception to upgrades and improvements.
Recently, cameras have been enabled and implemented with facial recognition to identify a
certainindividualwiththeirhighresolutionlensestocreateanevenmoreaccuratetarget.
The FBI has introduced a new type of identification system which can track eye
movement, voice, and even walking strides. It is essentially a software that can be installed to

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cameras, mainly security cameras, but would then transition to more discrete devices like the
camera on your phone.Thistechnologyhasbeenprototypedandhavealreadybeenimplemented
to by several police departments that signed up for the pilot program By 2015, the system is
expectedtoproduceresultsonmorethan55,000photosearcheseveryday.(Pagliery,2014)Itis
quite an impressive technology that can potentially help with furtherinvestigation,howeveritis
also an infringement on the publics privacy since there are currently no regulationtowhenand
where they can use this technology, especially with drones this can potentially track and ID
anyoneinthiscountry.

Comparing/Contrastingwithgenerational/political/regionaldifferences:

Millennialgeneration:
The millennial generation comprise those born between 1982 and the early 2000s, also
known at Generation Y. When asked, about halfofthemillennialgenerationworryaboutdigital
privacy. This is plausible considering that todays society is seeing a rise intheadvancementof
technology like never before. Most things that weve had to do physically or inperson is now
available online shopping, catching up with the latest headlines, communicating with our
friends, social media, paying our bills, and watching movies arejustthebasics.Millennialscare
aboutonlineprivacybuttotheextentthatitisconvenient.
We want to know how our information is used, but its not easy to read a multipage
privacy policy. We dont want our credit card information compromised, but it is
inconvenient to stop buying online. By refusing to change our behavior, Millennials are
supplying data brokers with thousands of data points, which companies use to create a
profileonus.(OnMarketing,2014).

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The same public privacy is nonexistent in our society, online privacy is headed in the
same direction. It raises the question, if people put their information anywhereonline,whether
its through a trusted bank or a shopping site, are they at fault is their data is compromised?
Most would think that as children of this generation, now growing into adults, we would be
concernedwiththeinformationwesowillinglyputondigitalsiteseventhoughwearelivingina
day in age where it is much easier for our personal information to be made public and our
identitiesstolen(Powell,2015).
Communitarian:

Responsive Communitarian
seek to balance individual rights with socialresponsibilities,
and individuality with community. They do not view community or social harmony as an
unbounded or privileged good but rather treat social structure for the common good as values
that need to be balanced with concerns for individual rightsandsubgroupautonomy(Etzioni,p.
198). Any information that resides within the public sphere, that is also available to large
companies, should also be made available to the government. The government is proactive in
protecting society as a whole, and the loss of a little privacy in order to protect country/society
forthegreatgoodisacceptable.

Libertarian:

Libertarians stand by the notion to be able tohavefreewillandactuponit.Theybelieve

in liberty and justice for all,enablingeveryonetoliveaccordinglyastheyseefit.Theirviewson
privacy reflect upon this notion since they believe an individual has rights to his or her private
property without the fear of being infringed even by the government. This is true for even their

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views on online privacy and how it should be regulated.

We oppose all restrictions and
regulations on the private development, sale, and use of encryption technology. (Libertarian
Party) They view the government as a force ofcensorshipwhichwoulddeteranindividual'suse
oftechnologywhichwouldbedefinedasaninfringementoftheirprivacy.

Cultural/SocietalPerspective:

Jason:
NorthKorea

North Korea is well known as a military state, and as such privacy is a very important
aspect. The country has been well known for its secrets to the extent that some information are
even hidden to the people living in the country. Censorship iswellenforcedwithinitswallsand
it has a major toll on the country's citizens.ItsalmostimpossibleforaNorthKoreanresidentto
get a full grasp of events happening around the world since media and the internet iscontrolled
solely by the government. The oneparty regime owns all domestic news outlets, attempts to
regulate all communication, and rigorously limits the ability of the North Korean people to
access outside information. (Freedom of the Press, 2013) Any and all gathering and tampering
withinformationisaveryseriousoffenseinNorthKorea.
NorthKoreahasalso beenaccountedformanyatrocities,butitishardtosayif it isonly
just scratching the surface. Australian judge Michael Kirby, published a devastating report in
February 2014 that concluded that the North Korean government has committed systematic
human right abuses at a scale without parallelinthecontemporaryworld(WorldReport,2014)
Most crimes that are punished are usually those who seek and gain information outside of the
countryasobtainingsuchknowledgeispunishablebylifeinprison,andevendeath.

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Privacy is nonexistent in North Korea and truly is a scary place to be livingin.Literally

everything is controlled by the government especially the privacy of its people. Official North
Korean media portray all dissidents and foreign journalists as liars attempting to destabilize the
government, and authoritiessharplycurtailtheabilityofforeignjournaliststogatherinformation
by seizing their mobile telephones upon arrival, preventing them from talking to people on the
street,andconstantly monitoringtheirmovements.(FreedomofthePress,2013)Northhasbeen
rated the worst in all aspects of freedom and privacy, almost having everyone in the country
brainwashedintosubmission.
Rico:
Argentina

Currently in Argentina, there are two forms of IDdocumentsenforcedto all itscitizens,

who are obliged to carry at least one. The first one is widely used in Argentina, and was first
issued in 2009, called the DNI (national identity document)
card, that is plastic and may not be
replaced by other documentation for legal clarification. This DNI card is equipped with various
distinctive features that protect and guarantee its legitimacy, and complacentwiththeArgentine
state equipped with their own computer technologies. Biographic and biometrics dataare stored
indigitizeddatabases,andcomputertoolscapableofprocessingfingerprintidentification.
According to the Argentinas Interior Ministry, in June 2014, the DNI card was issued
with future plan is to accommodate two smart chips. One will hold personal identificationdata
that consist of an individuals clinical history, income tax, social security contributions and
SUBE travel card (an electronic public transport ticket used in Argentina). The second form of
ID documents is the passport in digital format, that contains a chip that holds biometric data,to
beusedinautomatedrecognitionsystems.

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The idea is to provide a more effectivesystemforidentifying,registeringandclassifying

the Argentine population, however, these technological developments pose a new risk in
protecting peoples identity and personal information. These types of advances without prior
assessment of the impact that these measure have on an individuals right to privacy (Web,
2015).
Steph:
Nigeria
NigeriaisoneofthebiggestandfastesttelecommunicationsmarketsinAfricayetthereis
currently no specific or comprehensive data privacy or protection law in Nigeria. Since Nigeria
is exposed to practices by Nation States, Foreign Companies, Cyber criminals and Rogue
employees, the idea that there are no implemented privacy laws puts the data security of their
citizensindanger(Akinsuyi,2015).
They do, however, guarantee the right to privacy in theConstitution. Alsowritteninthe
Constitution are proper means of enforcing these laws. Indeed, there are obstacles the country
faces in trying to implement the right to privacy which is protected under the1999Constitution
astherighttoprivatefamilyandlife.

The relevant provision, Article 37, is very concise: The privacy of citizens, their

homes, correspondence, telephone conversations and telegraphic commu

nications is
herebyguaranteedandprotected.
One of their greatest complication with this provision is that their definition of citizen
contradicts the African Charter of Human and Peoples Rights (Ratification and Enforcement)
Act which ultimately states that every individual should have the ability to exercise their rights

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and freedom. It could be argued that any individual who faces privacyissueswithinthecountry
canbejustifiedbythisactgenerallynonNigerianswithinthecountry(Kusamotu,2007).
Conclusion:

In conclusion, our definitionof privacy isaveryimportantandpowerfulobject.Itshapes

us as a person and defines the world around us. It enables us to protect those we care for and
what we feel strongly about. It lets us understand others and enable us to share information
across any form of media. Privacy is also fragile and easily broken. The world is full of
information and it is hard to say which is true, which is contrived, andifcredibletobeginwith.
With technologybeingmoldedinto privacy, itisalsocomplicatedtotellthelevelofsecurity that
technology has. If not careful, others that focus on doing harm, can infringe upon everyones
privacy and ultimately destroy a persons very being. We are then given an additional task to
uphold integrity and make sure, as an individualorevenasacommunity,toconsiderallsidesof
the spectrum when handling and understanding information. Especially in majoring in the field
of technology and users of social media, we must use privacy asreasontoberesponsibleandto
be ethically honest when it comes to any form of information that we send, receive, or even
create.
References:

Akinsuyi, F. (2015). Data protection and privacy laws nigeria, a trillion dollar
opportunity!!RetrievedOctober14,2015.

http://ssrn.com/abstract=2598603

Argentina: On biometrics, SIBIOSandold practicesofpopulationcontrolDigitalRights.

(2015,May7).RetrievedOctober15,2015.
http://www.digitalrightslac.net/en/argentinasobrebiometriasibiosyviejaspracticasdec
ontroldelapoblacion/

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Consumer Reports magazine (2011). Newer cards can be hijacked, too. RetrievedOctober
13,
2015.
http://www.consumerreports.org/cro/magazinearchive/2011/june/money/creditcardfraud
/rfidcreditcards/index.htm

Dale,K.(2013,September10).Howtostealafingerprint.RetrievedOctober6,2015.
http://www.chicagonow.com/listingtowardforty/2013/09/howtostealafingerprintiphone
/

Etzioni,A.(1999).
Thelimitsofprivacy
.NewYork:BasicBooks.

Greenberg, A. (2012). Hacker's demo shows how easily credit cards can be read through
clothes
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editcardscanbereadthroughclothesandwallets/

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On Marketing. (2014). Why Online Privacy Should Be The Defining Cause Of The
Millennial
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Powell, A. (2015). Study: millennials indifferent about about digital privacy. Retrieved on
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Pagliery, Jose. "FBI Launches aPowerfulFacial RecognitionSystem."

CNNMoney
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