Thongsavath 1 Andrew Thongsavath Mr.

Newman English 101: Rhetoric 25 November 2013 Regulation of Surveillance Each year, there is an increasing amount of technology capable of collecting data being introduced to consumers. A very common tool used to collect data is cell phones. They can collect data dealing with a users location, phone history, and text message history. Recently, the National Security Agency (NSA) did exactly this. The NSA collected data from millions of cell phone users. The problem with all of this data being collected is how it can be used. In the NSAs case the data was used to prevent terrorism. The intents of other companies cannot be certain and should not be left uncared-for. Many people argue that companies and consumers should be in control of data collected from everyday objects, but the proper solution should be stricter laws in regards to data collection and safety. As technology advances, data collecting technology can be implemented into everyday objects. Refrigerators can be used to keep track of expiration dates, food prices, and recommend coupons. This can also expand to toothbrushes, which may be able to relay information back to a persons dentist about their brushing habits. These representations of data collection are great advancements for everyday life, but there can also be negative consequences. Continuing with the example of a cell phone being used as a data collecting device, a criminal can use all of the collected data to stalk or steal a persons identity. Because of this, there needs to be something to ensure that data is safe.

Thongsavath 2 Stricter laws should be created in regards to data collection. Currently the laws towards data collection are not completely developed due to the fact that data collecting devices are relatively new. These laws are necessary because companies alone cannot be trusted to keep consumers information safe. Julie Brill, a commissioner of the Federal Trade Commission, asks, Will companies combine the information they gain from consumers devices with other online and offline information to create rich profiles about consumers behavior? Brills question is a very common thought that consumers have. Consumers are worried about the safety of their information. It isnt safe to assume that companies will keep their data safe. If there are laws that are necessary for companies to comply with, they will be inclined to keep the data safe in order to avoid harsh penalties, but if there arent any laws companies will have little motivation to keep data completely safe. As of right now, the Federal Trade Commission is working on deciding what actions to take on companies that collect data deceptively or unfairly (Brill). This progress will ensure that the companies do not commit crimes against consumers and ultimately keep their data safe. Data collection safety is not the only concern for consumers, but there is also physical safety. Michael Chui, a principal of the McKinsey Global Institute, questions the uncertain legal liability frameworks for automated systems. Because new technologies are not run by actual people, but by robots it is uncertain who would be responsible for any harm caused. This can be taken into the hands of the government to decide. With the government deciding, there cannot be any company bias in the resulting resolution. Companies cannot leave the blame on the consumer for buying a faulty automated machine; instead the government will already have an idea of what to do. The governments legal ramifications in regards to safety will ensure that companies stay in compliance with safety laws.

Thongsavath 3 Arguments against government regulation of data suggest that companies and consumers should be in charge of data. Limor Fried, the founder and engineer of Adafruit Industries, suggests that users should be able to delete data collected by devices. This suggestion requires the accessibility of data to be very easy for consumers. If the data is easy enough for the average consumer to access, then its just as easy for a somewhat skilled hacker to access. The governments involvement in data safety can deter the best of hackers and keep data safe. Companies alone may not be powerful enough to keep every consumers data safe. Because of the risk of data being stolen, its necessary to include the governments regulation in this decision. Some believe that a change in privacy settings may lead to secure data. A recommendation by Aleecia M. McDonald, the director of privacy at the Center for Internet and Society at Stanford Law School, is that privacy tools should be simple to use. This point may sound very appealing, but in reality it isnt. For example, if the options to turn the GPS setting off on phones are used to avoid location data from being collected, then everything should be fine. This is not the case. In the past, Apple has allowed location data collection to be turned off, but it actually wasnt. The location data will still being collected despite the fact that GPS setting was off. The trust in companies to actually keep consumers data safe should be very low due to this incident. A very large corporation, such as Apple, is assumed to maintain an acceptable image, but went against everyones beliefs. Because of this, it is necessary for the government to act in favor of data regulation. The collection of data should be regulated by the government and not by companies. As in previous cases, companies cannot be trusted with the safety of consumers data. As long as companies are gathering data from consumers, it is necessary to put rules and regulations on

Thongsavath 4 what can be done with data and how it can be collected. Not only do laws have to be applied to the collection of data, but laws should be also applied to consumers safety while using devices being controlled by new automated technology. With the introduction of the governments regulation in companys data collection, it is safe to conclude that the safety of every consumers data is secure. The governments intervention is necessary in controlling the actions of companies and ensuring that consumers are safe.

Thongsavath 5 Works Cited Brill, Julie. "From Regulators, Guidance and Enforcement." The New York Times. The New York Times Company, 8 Sept. 2013. Web. 14 Nov. 2013. Chui, Michael. "Doing More, and Doing It Better." The New York Times. The New York Times Company, 8 Sept. 2013. Web. 14 Nov. 2013. Fried, Limor. "Minimizing Risk Is Easy: Adopt a Bill of Rights." The New York Times. The New York Times Company, 8 Sept. 2013. Web. 14 Nov. 2013. McDonald, Alecia M. "Better Engineering, and Better Laws." The New York Times. The New York Times Company, 8 Sept. 2013. Web. 14 Nov. 2013.