Computer Security Lecture 36: Privacy Laws and Rights - Prof. Eunjin Jung, Study notes of Computer Science

Download Computer Security Lecture 36: Privacy Laws and Rights - Prof. Eunjin Jung and more Study notes Computer Science in PDF only on Docsity! April 22, 2005 -- Lecture 36 22C:169 Computer Security Douglas W. Jones Department of Computer Science Privacy Laws Privacy Privacy is "the expectation that confidential personal information disclosed in a private place will not be disclosed to third parties, when that disclosure would cause either embarrassment or emotional distress to a person of reasonable sensitivities." RONALD B. STANDLER, ESQ, 1997 What does confidential mean? Why potential embarrassment or distress? Some privacy rights are old Ban on reading other people's mail, Rabbi Gershom of Mainz, 960-1040 Privacy of First Class Mail in US Ex parte Jackson, 1878, decided on 4th amendment grounds Privacy of telegraphic communications ICC act of 1887 requires subpoena, 3/4 of states guarded this by 1900 Privacy of telephone communications Federal Communications Act of 1934 Observations Delay between Development of new technology and Extension of obvious privacy rights under the 4th ammendment Has been far too long for comfort Focus of legislation has been on creating exceptions to privacy rights in order to allow "reasonable" law enforcement efforts. Shouldn't 4th amendment and telegraph law automatically apply to E-mail? Current law: Electronic Communications Privacy Act of 1986 Public electronic communication providers must ensure privacy of subscribers. Subscribers of free E-mail services might be the advertisers, not the users! protection of E-mail in transit no protection of stored E-mail no protection of internal business E-mail Disclosure of E-mail by the recipient Sender owns copyright on the text Recipient may disclose content Except if sender has reasonable expectation of privacy, e.g. if recipient is a doctor, lawyer or professor.