Privacy and Commercial and Social Interests

Readings

  Baase Chapter 2.



Privacy from others

Internet Search Records
Webcam Spying
    Pennsylvania School Laptops
Facebook
    News Feeds
    Data Collection
    Advertising
    Facial Recognition
    Privacy Settings
Managing your privacy
Public Records
Theories
Workplace Email
    Smyth v Pillsbury
Advertising
    Target
RFID
SSNs
Price Discrimination


Google Buzz

Google Buzz was google's first attempt at a social-networking site, back in ~2009[?]. When it was first introduced, your top gmail/gchat contacts were made public as "friends", even though the existence of your correspondence may have been very private. For many, the issue isn't so much that yet another social-networking site made a privacy-related goof, but that it was Google, which has so much private information already. Google has the entire email history for many people, and the entire search history for many others. The Google Buzz incident can be interpreted as an indication that, despite having so much personal information, Google is sometimes "clueless" about privacy. At the very least, Google used personal data without authorization.

For many people, though, the biggest issue isn't privacy per se, but the fact that their "google profile" overnight became their buzz page, without so much as notification.

See http://www.nytimes.com/2010/02/15/technology/internet/15google.html.
Or http://searchengineland.com/how-google-buzz-hijacks-your-google-profile-36693.


Google search data

Consider the following site (which is an advertisement for duckduckgo.com):

    http://donttrack.us/

Some points:
To be fair, Google famously resisted a US subpoena for a large sample of "anonymized" search records, even before the AOL search leak (below) when it became clear to everyone that these were a bad idea.


AOL search leak, 2006

Baase 4e pp 50-51 / 5e p 56: search-query data: Google case, AOL leak.
In August 2006, an AOL scientist released 20,000,000 queries from ~650,000 people. The data was supposedly "anonymized", and did not include IP addresses, but MANY of the people involved could be individually identified, because they:
Many people also searched for medical issues.

Wikipedia: "AOL_search_data_scandal"
    Thelma Arnold

Mirror site for the actual data: http://gregsadetsky.com/aol-data/
   
An article:
http://www.techcrunch.com/2006/08/06/aol-proudly-releases-massive-amounts-of-user-search-data

What would make search data sufficiently anonymous?

Question: Is it ethical to use the actual AOL data in research? What guidelines should be in place?

Are there other ways to get legitimate search data for sociological research?

How much of your google-search history is stored on your computer? Where is it?

What constitutes "consent" to a privacy policy?
Are these binding? (Probably yes, legally, though that is still being debated)

Have we in any way consented to having our search data released?



Search records and computer forensics

In 2002, Justin Barber was found shot four times on a beach in Florida. None of his injuries were serious. His wife April, however, had been shot dead. Barber described the event as an attempted robbery.

There were some other factors though:
Police searched Barber's computer for evidence of past Google searches. They apparently did not contact Google directly. Barber had searched for information on gunshot wounds, specifically to the chest, and under what circumstances they were less serious. Barber was convicted.

More at: http://news.cnet.com/8301-13578_3-10150669-38.html


Case of Lee Harbert:
Harbert's vehicle struck and killed Gurdeep Kaur in 2005. Harbert fled the scene. When arrested later, his defense was that he thought he had hit a deer. But his on-computer searches were for
    "auto glass reporting requirements to law enforcement"
    "auto glass, Las Vegas" (the crime was in California)
    "auto theft"
He also searched for information on the accident itself. Harbert too was convicted.
   
more at http://news.cnet.com/8301-13578_3-10143275-38.html


Case of Wendi Mae Davidson
Police found her husband's body in a pond at the ranch where Davidson boarded her horse. Police found the ranch itself by attaching a GPS recorder to her car. Davidson also used an online search engine to search for the phrase "decomposition of a body in water".

More at http://news.cnet.com/Police-Blotter-Murderer-nabbed-via-tracking,-Web-search/2100-7348_3-6234678.html

Case of Neil Entwistle

Entwistle's wife Rachel and daughter Lillian were found shot to death in January 2006. Neil had departed for England. Besides the flight, there was other physical evidence linking him to the murders. However, there was also the Google searches:

A search of Entwistle's computer also revealed that days before the murders, Entwistle looked at a website that described "how to kill people" ....

More at http://en.wikipedia.org/wiki/Neil_Entwistle

Case of Casey Anthony

On the last day that two-year-old Caylee Anthony was seen alive (in 2008), someone in Casey Anthony's house googled for "fool-proof suffication" [sic], using Firefox. This was the browser primarily used by Casey; most other household members used Internet Explorer.

Casey was acquitted in the case of Caylee's death. The prosecutor was not aware of the Firefox search history, due to a police error.

How do such cases relate to the AOL search-data leak, and Thelma Arnold? While none of the AOL individuals was charged with anything, some of their searches (particularly those related to violent pornography) are rather disturbing.


Where is google-search-history stored on your computer? Is it stored anywhere, anymore? Does this make you more interested in duckduckgo.com (and donttrack.us)?



Webcam Spying

If you have a laptop with a webcam, someone might turn it on. If your laptop has a microphone, that can be turned on too.

Tyler Clementi

On September 19, 2010, Rutgers University Tyler Clementi asked his roommate Dharun Ravi to be out of the room for the evening. Clementi then invited a male friend and they kissed. Ravi, meanwhile, turned on his webcam remotely from a friend's room, watched the encounter, and streamed it live over the internet.

Ravi told friends he would stream the video again on September 21, but Clementi turned off Ravi's computer. That night Clementi filed an official invasion-of-privacy complaint with Rutgers, and requested a single room. The next day Clementi leapt to his death from the George Washington bridge. His exact motives remain unclear; his family did know he was gay.

How much is this about invasion of privacy?

How much is this about harassment of homosexuals?

How much is this about bullying?

What about Erin Andrews, the ESPN reporter who was videoed while undressed in her New York hotel room, allegedly by Michael Barrett, apparently now convicted? This video too was circulated on the internet; the case made headlines in July 2009 (though when the videos were actually taken is unclear). Barrett got Andrews' room number from the hotel, reserved a room next to hers, and either modified the door peephole somehow, or drilled a hole through the wall and added a new peephole.

Is Andrews' situation any different from Clementi's? (Aside from the part about damages to hotel property).

What should the law say here? Is it wrong to place security cameras on your business property? Is it wrong to place "nannycams" inside your house? What sort of notice do you have to give people?

When we record the ACM lectures at Loyola, what sort of notice do we have to give the audience? The speakers?

Note that in Illinois it was a felony to record conversations without the consent of all parties, even in a public place. Here is a note about the New Jersey law.

Note: Under New Jersey's invasion-of-privacy statutes, it is a fourth degree crime to collect or view images depicting nudity or sexual contact involving another individual without that person's consent, and it is a third degree crime to transmit or distribute such images. The penalty for conviction of a third degree offense can include a prison term of up to five years.

New Jersey lists "nudity" and "sexual contact" as entitled to privacy; some other states list "expectation of privacy".

If Clementi killed himself simply because he had been "outed", then any sex partner could have outed him legally. Sex partners could not legally have filmed him without his consent, but (like most celebrity sex tapes) a lover could later release a tape that had been made with consent, or simply release a textual narrative.

Ravi was convicted on March 16, 2012 for the invasion of privacy and for "bias intimidation"; the latter is commonly known as the "hate crimes" statute. He was then sentenced to 30 days in jail, plus fines and probation. Ravi was not charged with provoking the suicide itself.



Pennsylvania school laptops

In the Lower Merion school district in Ardmore PA, school-owned laptops were sent home with students. School officials have now been accused of spying on students by turning on the laptops' cameras remotely, while the laptops were in the students' homes.

The school's position is that remote camera activation was only done when the laptop was reported lost or stolen, as part of the LANRev software package (see also the open-source preyproject.com site). Note that the current owners of LANRev now state:

We discourage any customer from taking theft recovery into their own hands," said Stephen Midgley, the company's head of marketing, in an interview Monday. "That's best left in the hands of professionals."

Some sources:
Parents became aware of the incident when Blake Edwards, then 15, was called into the principal's office:

The Robbinses said they learned of the alleged webcam images when Lindy Matsko, an assistant principal at Harriton High School, told their son that school officials thought he had engaged in improper behavior at home. The behavior was not specified in the suit.

"(Matsko) cited as evidence a photograph from the webcam embedded in minor plaintiff's personal laptop issued by the school district," the suit states. [AP article]

Ms Matsko had seen the student ingesting something that looked to her like drug capsules; the student in question claimed it was Mike-and-Ike candy and there was considerable corroborating evidence that that was the case. It is not clear whether Matsko had formally disciplined the student.

Supposedly the laptop camera was activated because the laptop was reported as missing, but that in the case in question Robbins had, according to the school district, been issued a "loaner" laptop because he had not paid the insurance fees for a regular laptop. Loaner laptops were not supposed to go home with students, but it is not clear that Robbins was ever told that. Furthermore, there were about two weeks' worth of photos collected by the webcam, despite Robbins' regular attendance at school.

Some technical details, including statements made by Mike Perbix of the school's IS department, are available at http://strydehax.blogspot.com/2010/02/spy-at-harrington-high.html. The stryde.hax article made the following claims:
The first, if true, would seem odd, in that generally students also have the option of using school computing labs plus home computing resources; the other points are fairly standard (though black electrical tape is wonderfully effective at disabling what the camera can see).

The Strydehax article also makes it clear that Perbix had gone to some lengths to disable the camera for student use, but to still allow the camera to be used by the administrative account. Perbix had written on https://groups.google.com/group/macenterprise/browse_thread/thread/98dd9da15da4189f/d461836b9996c4d8?lnk=gst&q=perbix+isight (google login may be necessary):

[to disable the iSight camera] You have can simply change permission on 2 files...what this does is prevent internal use of the iSight, but some utilities might still work (for instance an external application using it for Theft tracking etc)...I actually created a little Applescript utility and terminal script which will allow you to do it remotely, or allow a local admin to toggle it on and off.

Some students noticed that the LED by the camera occasionally blinked or came on. They were apparently told this was a glitch, and not that the camera was tracking them (student testimonials in this regard are on the Strydehax site).

Before the laptops were even handed out, Perbix had replied to another employee's concern with the following (from wikipedia):

[T]his feature is only used to track equipment ... reported as stolen or missing. The only information that this feature captures is IP and DNS info from the network it is connected to, and occasional screen/camera shots of the computer being operated.... The tracking feature does NOT do things like record web browsing, chatting, email, or any other type of "spyware" features that you might be thinking of.

Note that public schools are part of the government, and, as such, must abide by the Fourth Amendment (though schools may be able to search lockers on school property). (Loyola, as a private institution, is not so bound, though there are also several Federal statutes that appear to apply.)

Students and parents do sign an Acceptable Use policy. However, a signature is required for the student to be issued a laptop. Also, students are minors, and it appears to be the case that parents are not authorized to sign away the rights of minors.

A second student, Jalil Hasan, also had his webcam activated. He had apparently lost his laptop at school; it was found and he retrieved it a couple days later. However, his webcam was now taking pictures, and continued to do so for two months.

In April 2010 the school's attorneys issued a self-serving report claiming there was no "wrongdoing", but nonetheless documenting rather appalling privacy practices. Some information from the report is at http://www.physorg.com/news192193693.html. The most common problem was that eavesdropping was not terminated even after the equipment was found.

In October 2010, the Lower Merion School District settled the Robbins and Hasan cases for $610,000. Of that amount, 70% was for attorneys' fees.

The FBI did investigate for violations of criminal wiretapping laws. Prosecutors eventually decided not to bring any charges. While there may not have been criminal intent, the policies of the school and its IT group showed a gross disregard for basic privacy rights. While "accidentally" taking pictures remotely might be a possibility, going ahead and then using those pictures (eg to discipline students, or even to share them with teachers and academic administrators) is a pretty clear abuse of privacy rules.


Another school-laptop case

Susan Clements-Jeffrey, 52-year-old long-term substitute teacher at Keifer Alternative School (K-12) in Springfield OH,  bought a used laptop from one of her students in 2008. She paid $60 for it. That's cheap for a laptop, but the non-free application software had been removed and, well, the case sort of hinges on whether it was preposterously cheap. The lowest prices I could find a couple years later for used laptops were ~$75, on eBay.

The laptop in fact had been stolen from Clark County School District in Ohio, and on it was LoJack-for-Laptops software to allow tracking. Once it was reported missing, the tracking company, Absolute Software, began tracking it. Normal practice would have been to track it by IP address (the  software "phones home" whenever the computer is online, and then turn that information over to the police so they could find out where it was located, but Absolute investigator Kyle Magnus went further: he also recorded much communication via the laptop (including audio and video).

Clements-Jeffrey used the laptop for "intimate" conversation with her boyfriend. Absolute recorded all this, including at least one nude image of Clements-Jeffrey from the webcam. Police eventually did come and retrieve the laptop; theft charges were quickly dropped.

Clements-Jeffrey, however, has now sued Absolute for violation of privacy, under the Electronic Communications Privacy Act that forbids interception of electronic communication. Absolute's defense has been that Clements-Jeffrey knew or should have known the laptop was stolen, and if she had in fact known this then her suit would likely fail. However, it seems likely at this point that she did not know this.

Absolute has also claimed that they were only acting as agent of the government (ie the school district). The school district denies any awareness that eavesdropping might have been done. And claiming that actions on behalf of a school district are automatically "under color of law" seems farfetched to me.

In August 2011, US District Judge Walter Rice ruled that Clements-Jeffrey's lawsuit against Absolute could go forwards. In September there was an undisclosed financial settlement.

More at http://www.wired.com/threatlevel/2011/08/absolute-sued-for-spying.



More on laptops and spying

This is continuing, though schools are not involved in the exploits documented here:

http://www.wired.com/threatlevel/2012/09/laptop-rental-spyware-scandal/



Event data recorders in automobiles

Who owns the data? Should you know it is there?

What if it's explained on page 286 of the owners manual?

Should it be possible for the state to use the information collected against you at a trial? What about the vehicle manufacturer, in a lawsuit you have brought alleging manufacturing defects?

See wikipedia: "Event_data_recorder"


Facebook and privacy

Is Facebook the enemy of privacy? Or is Facebook just a tool that has allowed us to become the enemies of our own privacy?

When did Facebook stop being "closed", ie access was limited to your "network" (eg Loyola)? Did anyone care?

Facebook privacy issues are getting hard to keep up with! For example, what are the privacy implications of Timeline? Switching to Timeline doesn't change any permissions, but all of a sudden it's much easier for someone to go way back in your profile.

Facebook know a lot about you. It knows
Here's a timeline of the progressive privacy erosion at facebook: eff.org/deeplinks/2010/04/facebook-timeline

At one time (2009?) Facebook was actively proposing "sharing" agreements with other sites, and made data-sharing with those sites the default. The idea was that FB and the other site would share information about what you were doing. Some of the sites (from readwriteweb.com) are:
Eventually Facebook has again stepped back from a full roll-out of the sharing feature, although the shared-login feature seems to be coming back.

Facebook has long tinkered with plans for allowing a wide range of third-party sites to have access to your facebook identity. Back in 2007, this project was code-named Beacon. Supposedly the Beacon project has been dropped, but it seems the idea behind it has not.

Ironically, third-party sites might not need Facebook's cooperation to get at least some information about their visitors (such as whether they are even members of Facebook). Your browser itself may be giving this away. See http://www.azarask.in/blog/post/socialhistoryjs. (Note that this technique, involving the third party's setting up invisible links to facebook.com, myspace.com, etc, and then checking the "link color" (doable even though the link is invisible!) to see if the link has been visited recently, cannot reveal your username.)


In May 2010 Facebook made perhaps their most dramatic change in privacy policy, when they introduced changes requiring that some of your information be visible to everyone: your name, your schools, your interests, your picture, your friends list, and the pages you are a "fan" of. Allegedly your "like" clicks also became world-readable. (Here's an article by Vadim Lavrusik spelling out why this can be a problem: http://mashable.com/2010/01/12/facebook-privacy-detrimental. Lavrusik's specific concern is that he sometimes joins Facebook groups as part of journalistic investigation, not out of any sense of shared interest.)

After resisting the May 2010 uproar for a couple weeks, Facebook once again changed. However, they did not apologize, or admit that they had broken their own past rules.

Here's an essay from the EFF, http://www.eff.org/deeplinks/2010/05/facebook-should-follow, entitled Facebook Should Follow Its Own Principles, in which they point out that Facebook's 2009 principles (announced after a similar uproar) state

People should have the freedom to decide with whom they will share their information, and to set privacy controls to protect those choices.

But Facebook's initial stance in 2010 was that users always had the freedom to quit facebook if they didn't like it. Here's part of Elliot Schrage, FB VP for Public Policy, as quoted in a May 11, 2010 article at http://bits.blogs.nytimes.com/2010/05/11/facebook-executive-answers-reader-questions:

Joining Facebook is a conscious choice by vast numbers of people who have stepped forward deliberately and intentionally to connect and share. We study user activity. We've found that a few fields of information need to be shared to facilitate the kind of experience people come to Facebook to have. That's why we require the following fields to be public: name, profile photo (if people choose to have one), gender, connections (again, if people choose to make them), and user ID number.

Later, when asked why "opt-in" (ie initially private) was not the default, Schrage said

Everything is opt-in on Facebook. Participating in the service is a choice. We want people to continue to choose Facebook every day. Adding information -- uploading photos or posting status updates or "like" a Page -- are also all opt-in. Please don't share if you're not comfortable.

That said, much of your information is still public by default.



Two weeks after Schrage's claim that users would always be free not to use Facebook if they didn't like it, Facebook CEO Mark Zuckerberg weighed in, with a May 24, 2010 article in the Washington Post: http://www.msnbc.msn.com/id/37314726/ns/technology_and_science-washington_post/?ns=technology_and_science-washington_post. In the article, Zuckerberg does not seem to acknowledge that any mistakes were made. He does, however, give some Facebook "principles":
The first principle is a step back from the corresponding 2009 principle.

Facebook vigorously claims that your information is not shared with advertisers, by which they mean that your name is not shared. However, your age, interests, and general location (eg town) are shared, leading to rather creepy advertisements at best, and cases where your identity can be inferred at worst.

Recall that advertisers are Facebook's real customers. They are the ones who pay the bills. The users are just users.


 
Deja News, once at deja.com (now run by google): where is it now? It still lets you search archives of old usenet posts, though the social significance of that is reduced in direct proportion to the reduced interest in Usenet. Think of being able to search for someone's years-old facebook posts, though (and note that Facebook Timeline has in effect enabled just this).
 


 

Facebook news-feeds

Baase 4e p 76 / 5e p 69

Originally, you only saw what your friends did when you reloaded their page. News feeds (mini-feeds) implemented active notification to your friends whenever you change your page. Why was this considered to be a privacy issue? Is it still considered to be a privacy issue?

The mini-feed issue originally came up in 2006. However, modifications of the feature still occasionally reopen the privacy issue. At this point, though, most people have come to accept that nobody understands when their posts appear in someone else's post feed.

Is this a privacy issue or not?

Whatever one says about Facebook as a source of privacy lost, it is pretty clear to everyone that posting material to Facebook is under our control, though perhaps only in the sense that we participate in Facebook voluntarily. Thus, the Facebook privacy question is really all about whether we can control who knows what about us, and continue to use Facebook.



Facebook data reapers

How about this site: Social Intelligence Corp, www.socialintel.com.

What they do is employee background screening. They claim to take some of the risk out of do-it-yourself google searches, because they don't include any information in their report that you are not supposed to ask for. What they do is gather all the public Facebook information about you (and also from other sources, such as LinkedIn), and store it. They look, in particular, for
While they do not offer this upfront, one suspects they also keep track of an unusually large number (more than four?) of drunken party pictures.

Think you have no public Facebook information? Look again: the information does not have to have been posted by you. If a friend posts a picture of you at a party, and makes the album world-viewable, there may have gone your chance for that job at Microsoft.

To be fair, Social Intelligence is still fine-tuning their rules; the latest version appears to be that they keep the information for seven years, but don't release it in a report unless it's still online at the time the report is requested. Unless things change, and they need to go back to the old way to make more money.

In June 2011 the FTC ruled that Social Intelligence's procedure was in compliance with the Fair Credit Reporting Act.

See:
Is this a privacy issue?



SocialIntel was one of the first companies to harvest Facebook data, selling it mostly to prospective employers. There are now a large number of firms that specialize in collecting Facebook public data, analyzing it, and selling "threat reports" to police departments and private security-related firms. See http://littlesis.org/news/2016/05/18/you-are-being-followed-the-business-of-social-media-surveillance/. One company, ZeroFox, allegedly tracked Black Lives Matter protesters. A similar company, Geofeedia, also has police contracts. Both firms do a significant amount of commercial "reputation management" work as well.



While we're on the subject of data collection, consider ChoicePoint and Acxiom. (ChoicePoint is now LexisNexis.com/risk (for Risk Solutions)) (Baase 5e p 63ff)

Look at the websites. Are these sites bad?

What if you are hiring someone to work with children? Do such employees have any expectation of privacy with regard to their past?

ChoicePoint sells to government agencies data that those agencies are often not allowed to collect directly. Is this appropriate?

ChoicePoint and Acxiom might argue that they are similar to a credit bureau, though exempt from the rules of the Fair Credit Act because they don't actually deal with credit information.  Here is some of the data collected (from Baase 3e):
(By the way, if a company offering you for a job pushes you hard to tell them your birthdate, which is illegal for companies with four or more employees, they are probably after it in order to search for criminal-background data.)


Facebook and other sites

Facebook now shows up on unrelated sites. Sites are encouraged to enable the Facebook "like" button, and here's an example of theonion.com displaying my (edited) friends and their likes: http://pld.cs.luc.edu/ethics/theonionplusFB.html. How much of this is an invasion of privacy?

While Facebook does seem interested in data-sharing agreements with non-FB sites, it is often not at all clear when such sharing is going on. The two examples here, for example, do not necessarily involve any sharing. An embedded "like" button, when clicked, sends your information to Facebook, which can retrieve your credentials by using cookies. However, those credentials are hopefully not shared with the original site; the original site may not even know you clicked "like". As for the box at theonion.com listing what my friends like, this is again an example of "leased page space": Facebook leases a box on theonion.com and, when you visit the site, it retrieves your FB credentials via cookie and then fills in the box with your friends' "likes" of Onion articles. The box is like a mini FB page; neither the likes nor your credentials are shared with The Onion.

One concern with such pseudo-sharing sites is that they make it look like sharing is in fact taking place, defusing objections to such sharing. If someone does object, the fact that no sharing was in fact invoved can be trotted out; if there are not many objections, Facebook can pursue "real" sharing agreements with confidence. They also make it harder to tell when objectionable sharing is occurring.

An example of a true data-sharing agreement would be if a restaurant-review site let you log into their site using your Facebook cookies, and then allowed you to post updates about various restaurants.

Facebook "connections": http://www.eff.org/deeplinks/2010/05/things-you-need-know-about-facebook

Your connections are not communications with other users, but are links to your school, employer, and interests. It is these that Facebook decided to make "public" in May 2010; these they did back off from.


Facebook and advertising

Facebook claims that user data is not turned over to advertisers, and this seems true (with a couple slip-ups): advertisers supply criteria specifying to whom their ads will be shown, and Facebook shows the ads to those users. For example, if I see an ad for "Illinois drivers age 54", it doesn't mean that Facebook has turned over my age; it is more likely that the advertiser has created an ad for each age 30-65, perhaps, and asks Facebook to display to a user the one that matches his or her age.

Once you click on the ad, however, the advertiser does know what ad you are responding to, and thus knows your age if you choose to give them your name. There was a slip-up a couple years ago where game sites (often thinly veiled advertising) were able to obtain the Facebook ID of each user. Here's what they say:

In order to advertise on Facebook, advertisers give us an ad they want us to display and tell us the kinds of people they want to reach. We deliver the ad to people who fit those criteria without revealing any personal information to the advertiser.

For more information on how to do this, see http://www.facebook.com/adsmarketing/index.php?sk=targeting_filters. Facebook supports targeting based on:
Note that you don't get to choose what attributes advertisers can use, because advertisers do not see them! And Facebook itself has access to everything (duh).


Like → advertisement

FB "likes" have long been somewhat randomly displayed to Friends. But in 2012 FB added a new feature: social advertisements, or Sponsored Stories. If you "like" something on Facebook, it may automatically be converted to an advertisement, paid for by the company whose product you liked.

Here's an example: http://www.nytimes.com/2012/06/01/technology/so-much-for-sharing-his-like.html?_r=2. Nick Bergus discovered that Amazon was selling personal lubricant in 55-gallon-drum quantities, and posted a satirical "like". Actually, he posted a comment. Much to Nick's surprise, his "comment" became part of an ad for the product shown to his friends, paid for by Amazon; FB's policy is that an advertiser may purchase any likes/comment it wishes and convert them to paid ads, with no royalties to the liker. Such "social ads" are displayed only to friends of the liker [if I understood this correctly]. Note, however, that presumably none of Mr Bergus' friends would have been targeted for this particular ad if Mr Bergus hadn't "endorsed" the product. Alas for FB, Amazon and perhaps Mr Bergus, FB's ad-selection mechanism seems to be clueless about the realities of sarcasm.

Here is the relevant part of the policy, from May 2012, still in place October 2013:

10. About Advertisements and Other Commercial Content Served or Enhanced by Facebook

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
  1. You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
  2. We do not give your content or information to advertisers without your consent.
  3. You understand that we may not always identify paid services and communications as such.
In June 2012, Facebook agreed to make it clearer to users when this is happening. The above policy is presumably the "clearer" policy.

Conversely, if you do not use your privacy settings to limit how your identity may be used in ads, you have agreed to such use!

Here are FB's rules for social ads:
I tried setting my social-ad preferences. I found them at Privacy Settings → Ads, Apps and Websites → Ads → Edit Settings. My settings were "no one"; I have no idea why.


Facebook data

Some have argued that Facebook privacy issues have shifted: the data you post is no longer the real issue at all (after all, more and more users are comfortable with the control they have over that data). The real issue is the data that Facebook collects from you in their role as an advertiser. They know what you like, what you "like", and what you actually click on. In some ways, this is similar to Google. In other ways, Facebook has those pictures, and arguably even more metadata to play with.

See saintsal.com/facebook/


Facebook and privacy more fine-grained than the Friend level

What if you've Friended your family, and your school friends, and want to put something on your wall that is visible to only one set? The original Facebook privacy model made all friends equal, which was sometimes a bad idea. Facebook has now introduced the idea of groups: see http://www.facebook.com/groups. Groups have been around quite a while, but have been repositioned by some (with Facebook encouragement) as subsets of Friend pools:

Have things you only want to share with a small group of people? Just create a group, add friends, and start sharing. Once you have your group, you can post updates, poll the group, chat with everyone at once, and more.

For better or worse, groups are still tricky to manage, partly because they were not initially designed as Friend subsets. When posting to a group, you have to go to the group wall; you can't put a message on your own wall and mark it for a particular group. News feeds for group posts are sometimes problematic, and Facebook does not make clear what happens if a group posting is newsfed to your profile and then you Comment on it. You may or may not have to update your privacy settings to allow group posts to go into your newsfeed. Privacy Settings do not mention Groups at all (as of June 2011).

Maybe the biggest concern, however, is that Facebook's fast-and-furious update tradition is at odds with the fundamental need to be meticulous when security is important.

That said, some people are quite successful at using FB's privacy features here.

Google+ came out with circles, which promptly changed all this. FB has now introduced new competitive features (groups), which I have been too lazy to bother with. (Part of the issue is that FB groups were invented to deal with larger-scale issues; as originally released they were an awkward fit for subsets of Friends.)

But the issue is not really whether they work. Here's a technical analogue: are NTFS file permissions better than Unix/Linux? Yes, in the sense that you can spell out who has access to what. But NTFS permissions are very difficult to audit and to keep track of; thus, in a practical sense, they have been a big disappointment.



Facebook and Facial Recognition


Does this matter?

Here's an article from August 2012: http://news.cnet.com/8301-1023_3-57502284-93/why-you-should-be-worried-about-facial-recognition-technology/, and related articles linked to that.

Even today, Facebook appears to be using this technology to suggest how to tag people in photos. Is this a concern? If the technology catches on, might other uses make it become a concern? Could Facebook also be using this technology to identify those who create Facebook accounts not using their real name?

Here's a 2015 article: FaceBook will soon be able to ID you in any photo

The article here is from the publishers of Science.

FaceBook is way ahead of the FBI in this regard.

Facebook has claimed that this new feature will protect your privacy: "you will get an alert from Facebook telling you that you appear in the picture,.... You can then choose to blur out your face from the picture to protect your privacy." Is that likely? After all, if you're tagged in the picture then they don't need facial recognition, and if you're not tagged, is this a serious issue?

FaceBook's DeepFace system was trained on all those FB pictures in which people are tagged. Did you know you agreed to that?

Police could use such a system to identify people on the street, or participants at a rally. Stalkers could use it to find out the real identity of their chosen victim.



Facebook does not make their entire face library public, though they do make profile pictures public. Vkontakte, in Russia, apparently makes more images public, and a facial-identification app FaceFind has been created using Vkontakte's image library. Given a picture of a person (even in a crowd), it supposedly can identify the person around 70% of the time. See https://www.theguardian.com/technology/2016/may/17/findface-face-recognition-app-end-public-anonymity-vkontakte.



Finally, here is a lengthy essay by Eben Moglen, author of the GPL, on "Freedom in the Cloud: Software Freedom, Privacy, and Security for Web 2.0 and Cloud Computing": http://www.softwarefreedom.org/events/2010/isoc-ny/FreedomInTheCloud-transcript.html. Mr Moglen adds some additional things that can be inferred from Facebook-type data: You get free email, free websites, and free spying too!

Mr. Zuckerberg has attained an unenviable record: he has done more harm to the human race than anybody else his age.

Because he harnessed Friday night. That is, everybody needs to get laid and he turned it into a structure for degenerating the integrity of human personality and he has to a remarkable extent succeeded with a very poor deal. Namely, 'I will give you free web hosting and some PHP doodads and you get spying for free all the time'. And it works.

Later:

I'm not suggesting it should be illegal. It should be obsolete. We?re technologists, we should fix it.

Did Google+ fix anything? Does anyone trust google more than Facebook? Google+ circles do seem easier to use.



Facebook 2010 settings

Here are some of the June 2010 Facebook privacy settings (that is, a month after the May 2010 shift), taken from privacy settings ? view settings (basic directory information). Note that there is by this point a clear Facebook-provided explanation for why some things are best left visible to "everyone".

At the time I collected these, the issue was that FB provided explanations, and defaults. In retrospect, the issue is what happened to all these settings?

Your name, profile picture, gender and networks are always open to everyone. We suggest leaving the other basic settings below open to everyone to make it easier for real world friends to find and connect with you.

* Search for me on Facebook
This lets friends find you on Facebook. If you're visible to fewer people, it may prevent you from connecting with your real-world friends.
      Everyone

* Send me friend requests
This lets real-world friends send you friend requests. If not set to everyone, it could prevent you from connecting with your friends.
      Everyone

* Send me messages
This lets friends you haven't connected with yet send you a message before adding you as a friend.
      Everyone

* See my friend list
This helps real-world friends identify you by friends you have in common. Your friend list is always available to applications and your connections to friends may be visible elsewhere.
      Everyone

* See my education and work
This helps classmates and coworkers find you.
      Everyone

* See my current city and hometown
This helps friends you grew up with and friends near you confirm it's really you.
      Everyone

* See my interests and other Pages
This lets you connect with people with common interests based on things you like on and off Facebook.
      Everyone

Here are some more settings, from privacy settings => customize settings (sharing on facebook)

    * Things I share
      
Posts by me (Default setting for posts, including status updates and photos) Friends Only
Family Friends of Friends
Relationships Friends Only
Interested in and looking for Friends Only
Bio and favorite quotations Friends of Friends
Website Everyone
Religious and political views Friends Only
Birthday Friends of Friends
 
        .
    * Things others share

Photos and videos I'm tagged in Friends of Friends
Can comment on posts Friends Only
Friends can post on my Wall Enable
Can see Wall posts by friends Friends Only

    * Contact information
          o Friends Only


The core problem here is not that these settings are hard to do, or that the defaults are bad. The core problem is simply that you keep having to make new settings, as things evolve. Examples:
Another issue is whether the settings options are user-friendly. Here's a technical analogue: are NTFS file permissions better than Unix/Linux? Yes, in the sense that you can spell out who has access to what. But NTFS permissions are very difficult to audit and to keep track of; thus, in a practical sense, they have been a huge disappointment.



Facebook 2013 Settings

Facebook's current (2013) settings are, if anything, a step towards greater inscrutability, though the new settings are briefer. You are only given options to control who can see your posts and who can look you up. (Photo albums have their own controls.) Whether others can see your friend lists, or your personal information, is no longer something you can control directly.

privacy settings and tools
Later in 2013, a section "Who can contact me" was added, with options for controlling who can send you Friend requests and who can send you messages.

The mechanism for limiting people from seeing past posts on your timeline turns out never to be explained, and there are dire warnings against even using it:

Limit The Audience for Old Posts on Your Timeline

If you use this tool, content on your timeline you've shared with friends of friends or Public will change to Friends. Remember: people who are tagged and their friends may see those posts as well. You also have the option to individually change the audience of your posts. Just go to the post you want to change and choose a different audience.
Limit Old Posts

If you click the last thing, you get

You are about to limit old posts on your timeline without reviewing them. Note: This global change can't be undone in one click. If you change your mind later, you'll need to change the audience for each of these posts one at a time.

You do now have a rather different way to review posts and photos by others that you are tagged in.

You also have greater control over visibility of specific posts.

You can set the visibility of your friends list by going to friends => edit.

You can set the visibility many of 2010's "Things I share" by going to the individual shared item and editing its sharing status. That is, sharing policy is no longer all in one place; it is associated with each separate item shared instead.

As far as I can tell, there is no longer a distinction between permission to "post on your wall" and permission to "comment on a post".

And see http://www.facebook.com/help/204604196335128/, for other lists of friends, including your "close friends" list. (Who can see your "close friends" list?)



Facebook Elections

Facebook called for a policy-change election in December 2012. 79,731 voted for the policy change; 589,141 voted against. Facebook officially declared, however, that they required 30% participation (~300 million people!) to make the vote binding.

Facebook decided to ignore the Will Of The Users.

They also, as part of the process, abandoned user voting.



Security researcher Suriya Prakash discovered how to get your phone number from Facebook.

It turns out that Facebook allows by default a search for your page given your phone number. You can turn this off, but (once again) only if you know it is on. (It is in the privacy-settings category "How you connect", which is rather misleading.)

So the idea is to search for all numbers, 000-000-0000 to 999-999-9999 and get the name of each user. Then sort the table by name. All this is quite practical; Prakash has said he has a table of about 5 x 108 numbers.

(Normally, if you're going to allow looking people up using an identifier that isn't meant to be public, you implement a rate-limit on searches per second, to disable Prakash's idea. Facebook failed to do this.)

If you know the area code, you can refine the search easily.


Get Your Loved Ones Off Facebook

That's the title of a famous blog post by Salim Virani. Does he overstate the case? Or is Facebook really dangerous?

Facebook does appear to follow your privacy preferences when you post things. But that's not the whole story.

It is true that Facebook changes their Terms of Service and Privacy Rules regularly. You don't get notifications of these changes. Is that bad?

Here are some things that Virani documents, though, that not everyone is aware of:

Some of the concerns expressed by Virani are unproven. But they all are definitely plausible. Do you care?



Managing Your Online Privacy

The article linked to here is about the idea that younger adults -- so-called Generation Y -- might (or might not) be more aware about how to manage their FaceBook privacy, and by the same token to be less strict about what they expose online.

http://www.techrepublic.com/blog/security/whats-with-generation-y-and-online-privacy/9042

The article closes with these questions:
  1. According to studies, Millennials are more aware of how to control their online reputations. Does that offset their allowing more access to information deemed sensitive by older adults?
  2. It is almost assured what is released to the Internet is public knowledge forever. Why does this scare parents and older adults, but not Millennials?
  3. Do you think parents and older adults are alarmed at the openness of Millennials because they feel Millennials are naïve about future fallout from their openness online?
Some further things to think about:

1. Are younger people more likely to allow more access?
2. In a practical sense, is it really true that what's on the Internet is there forever?
3. Are some people (perhaps older people) unnecessarily conservative about online privacy?

Discussion



Joe the Plumber

aka Samuel Joseph Wurzelbacher

This is something of a parable of the problems with online public records

He went to an Obama rally and asked a serious question about Obama's tax plan (in which he apparently confused income with profit). Obama made his "spread the wealth" remark in response. After this was in the press, McCain ran with it, and referred to him multiple times in the debate, as a symbol of middle-America and small businesses.

One reporter (in a print newspaper column I failed to save) argued that Wurzelbacher should have no expectation of privacy. At what point does this become true? Is it true of Obama? Was it true for Palin, or McCain? Wurzelbacher did try to capitalize on his sudden fame, and some might argue that in doing so he lost his expectation of privacy. But suppose he had tried to remain a private citizen?

Allegations about him:
Lucas county clerk of courts: http://apps.co.lucas.oh.us/onlinedockets/Default.aspx

Search for "Wurzelbacher".

Is the availability of this kind of search appropriate?

See also Baase, 4e §2.4.2 / 5e §2.4.3, on Public Records. Her examples include:

What of the above is legitimate to talk about for a private citizen?
At what point did Wurzelbacher stop being a private citizen?

Wurzelbacher asked Obama a financial question. Does this make W's income and taxes fair game? What about his child-support records?

Aw, to hell with facts: see http://www.slate.com/id/2202480



Theories of Privacy

Is it obsolete? See Baase 5e Section 2.6.

Is it true that "young people of today" are not as concerned about privacy?

WHY?

Or did this change with Facebook etc?

Warren and Brandeis, 1890

See groups.csail.mit.edu/mac/classes/6.805/articles/privacy/Privacy_brand_warr2.html.

(Louis Brandeis later became a Supreme-court justice.) In a Harvard Law Review paper, they argue for the principle of "inviolate personality" that gives everyone specific rights regarding their personal information. For them, privacy is the right "to be let alone". Their primary concern was with publication of private information by the press, especially by newspaper gossip columns. Their argument was that repeating "private" information about someone violated a fundamental right. Baase, 4e p 100 / 5e p 109.

Problems arise here because Warren and Brandeis did not formulate precisely what was meant by an "inviolate personality", or to explain at what point your rights to your inviolate personality give way to the Public's Right To Know. For government officials, for example, the right of the voters to know what they are really like might be very important.

Another issue is that WB seemed most concerned with publication of data that violated our privacy. What if it is just made available to a selected few? Employers? People on some committee at our church? Car-rental agencies? People with some self-defined Need To Know, such as our annoying neighbors? This is not normally understood to be publication.

Thomson, 1975

Judith Jarvis Thomson argued against the Warren-Brandeis position (www.eecs.harvard.edu/cs199r/readings/thomson1975.pdf). Her paper begins "Perhaps the most striking thing about the right to privacy is that nobody seems to have any very clear idea what it is." She goes on to claim that every time a privacy right is violated, there is in fact some other, more concrete, right being violated. The implication is that we do not need special privacy rules. One of her examples (section IV) is the Picture Scenario: if a man has a picture he doesn't want people to see, he can keep it private. If they break into his house, they have broken the law. If they view the picture remotely, using X-rays, they have violated the man's property rights in the picture. The man can waive this right if he displays the picture publicly. If Alice interrogates Bob violently and thus obtains Bob's private information, the real issue is the violence and not the privacy invasion. If a company reveals information about you in a way that is contrary to their own privacy policy that you accepted, they are violating your contractual rights.

A less-clear example is the Shower Scenario: she argues that if someone peeps at you while you shower, they have violated your "right to your person" (section V). The same applies to her Marital Argument scenario: if a couple doesn't want people to hear their argument, they can close the window, at which point someone using eavesdropping equipment to listen is violating this same right. Thomson felt the right to ones person was, if anything, even stronger than the right to ones property. But is this just a Warren-Brandeis-style privacy right, or is the "right to your person" more concrete and limited?

Others have tried to find examples where your right to privacy was violated, but no other rights were. What if someone reads your email? Are there other rights involved besides your right to privacy?

Transactions

On 4e p 103 / 5e p 112, Baase describes a scenario involving Joe, Maria, and some potatoes. Joe buys the potatoes from Maria; Maria sells the potatoes to Joe. Who owns the information about the transaction? Either party might want the information kept private; does the other party then have an obligation to keep it so? Or does the privacy-concerned party have to add that into the contract up-front, so that if Joe wants it private then he might have to pay more, or if Maria wants it private then she might have to charge less?

Who is the transaction about?

Another example is the making of "connections" visible to Everyone on Facebook: which party is in charge here?

In the real world, sellers are often large corporations. When we as individuals buy things, the balance of power is skewed in favor of the larger seller. Does this change things?

Transaction privacy is a major conceptual underpinning of the legal Third-party Doctrine: if someone else has access to a record, you do not have a privacy interest in it.

Property Rights to Personal Information

Do we have such rights? What about "negative" information, such as
One immediate issue is the transactions one: is a tenant's late-payment history their property, or the landlord's? Judge Richard Posner (Seventh Circuit appellate judge who has written several opinions involving economic arguments) has said that personal information that is not "expensive" in the economic sense should receive more protection.



Free-market privacy

[Baase 4e p 107 / 5e p 117] The argument here is that our information is something we have a right to sell. We are informed consumers, and if we want to sign up for a Shopper Surveillance Card, we have a right to. Similarly, we have the ability not to share our personal information with websites that do not have good privacy policies, and Baase has argued that many websites have as a result of this become very interested in their privacy policies. Or is it just that companies don't want the bad publicity that comes with a bad privacy policy plus an incident?

This approach to privacy means that we just accept that we can't get the lowest prices and privacy, or we can't get certain websites without advertising, or certain jobs without waiving our rights to certain private information, or use certain social-networking sites without sharing some of our private information with the world.

In terms of protection of our personal data in the hands of corporations, this approach suggests that businesses will protect our data because they don't want the liability that comes with accidental release. Specific regulations are not necessary.

Our right to privacy here is the negative right, or liberty, not to share our personal information.

Question: is it wrong to offer poor people the option of selling away their fundamental rights? We do not, for example, allow poor people to sell their kidneys, and we do not allow them to let their children go to work at age 14. We do not allow workers covered by Social Security to take the money and invest it privately.

But we do allow better-off consumers to "sell" some of their privacy in exchange for lower grocery prices; why should worse-off consumers be denied this? Or should everyone be denied this?

Consumer protection and privacy

[Baase 4e p 109 / 5e p 118] The alternative approach is that we need lots of government regulations to protect ourselves, because we just can't keep track of all the implications of revealing each data item about us. There should be rules against keeping certain data, even with our consent, because society can't be sure such consent is freely given.

A central idea of regulations is that we are denied the right to do certain things (eg sell some of our private information), on the theory that most people will not understand the full scope of the transaction, and there is no practical way of separating those who don't from those who do.

Large corporations with our data have an unequal share of the power. We need fundamental positive rights that say others have an obligation to us not to do certain things with our data (like share it).

This approach is likely to lead to an "opt-in" requirement for use of private data, rather than an "opt-out".


Workplace privacy of email

One fairly basic principle the courts have used is whether or not one has a "reasonable expectation of privacy". However, this doesn't always mean quite what it seems.

Smyth v Pillsbury, 1996

Summary: Michael Smyth worked for Pillsbury, which had a privacy policy governing emails that said Pillsbury would NOT use emails against employees, and that emails "would remain confidential and privileged". Specifically, Pillsbury promised that e-mail communications could not be use against its employees as grounds for termination or reprimand.

Smyth and his boss exchanged emails in which marketing employees were discussed in an unflattering light. The phrase "kill the backstabbing bastards" appeared.

Smyth and his boss got fired, based on the contents of their emails to each other.

Smyth sued for wrongful termination. He lost.


Bourke v. Nissan:

This was a similar California case: Bonita Bourke worked for Nissan. One of her email messages was reviewed, somewhat accidentally, by management. It was highly personal. Bourke received a low evaluation; this was mostly likely due almost entirely to her email. She sued for invasion of privacy, and lost, though the California state court of appeals did not "publish" its decision, meaning it is not to be used as a precedent.

Shoars v. Epson: California

Alana Shoars was involved in email training at Epson. She found supervisor Hillseth had been printing and reading employee emails. She objected, and removed some of the printouts from Hillseth's office. She also reported the incident to Epson's general manager, and requested a private Epson email account not accessible by Hillseth. Hillseth then had Shoars fired. Epson had informed employees that email was "private and confidential". California had a law prohibiting tapping of telephone lines. The law may have covered other communications, but that part was dismissed on a technicality: tapping alone didn't constitute eavesdropping, and the eavesdropping issue was never brought up.




Smyth v Pillsbury, 1996

Summary above

Federal District Court within Pennsylvania, 1996. Case was dismissed after a preliminary hearing (not a trial).
The District Court opinion is at http://pld.cs.luc.edu/ethics/smyth_v_pillsbury.html.

Judge: Charles Weiner

Whatever happened to the contractual issue? How could Pillsbury ignore an official written policy that emails would not be used as grounds for termination or reprimand? Hint: there is a long history of cases upholding "employment at will" doctrine. Still, there is also a long list of situations where at-will employment is protected:

Judge Weiner simply did not think Pillsbury's conduct was offensive, or offensive enough, to warrant application of the last exception above. But parts of the decision suggest Weiner was simply not very sympathetic to privacy concerns, and perhaps did not entirely understand the case.

The case is a good example of how the "reasonable expectation of privacy" doctrine can fail completely, if someone thinks you do not have such an expectation. How can you argue?

One way to view this case is that Smyth simply sued for the wrong thing. Reinstatement was governed by the at-will employment doctrine, and requires a very high burden of proof. Financial damages for invasion of privacy might have been another thing entirely.

Note that ownership of the email system does not matter. Consider the following:

None of these ownership categories give the owner the right to listen to phone calls / read letters / snoop in apartments!

How would the case have been different if:

Contract v Tort: If you harm someone with whom you have a contract, it falls under contractual law. If you harm someone without a contract, it falls under tort law.

Smyth was asking for application of the tort of invasion of privacy to be applied. A "tort" is essentially a common-law right that has been breached, as opposed to a contractual right. Tortious invasion of privacy exists, but the standards are high and privacy must be a reasonable expectation. Smyth was alleging that Pillsbury violated the tort of substantial and highly offensive invasion of privacy.

Judge Weiner, however, held that corporate eavesdropping is not offensive. Period.  (Could it be offensive because the company had promised not to? Weiner did not consider that.)

Weiner said Smyth lost because email was "utilized by entire company" and Smyth's emails were "voluntary". Neither of these points necessarily changes the privacy issue, though. From the decision:

we do not find a reasonable expectation of privacy in e-mail communications voluntarily made by an employee to his supervisor over the company e-mail system notwithstanding any assurances that such communications would not be intercepted by management.

The use of the word "voluntary" is in contrast to mandatory urinalysis cases; see below for further discussion. But note that all communication would appear to be voluntary.

Weiner also stated above that employees do not have a "reasonable expectation of privacy". He may have been overstating this, for emphasis; he goes on though to clarify:

even if we found that an employee had a reasonable expectation of privacy in the contents of his e-mail communications over the company e-mail system, we do not find that a reasonable person would consider the defendant's interception of these communications to be a substantial and highly offensive invasion of his privacy.

That is, maybe Weiner might agree that in some cases one might have a REoP regarding email, but regardless of that the interception of email is not "substantial and highly offensive". A violation of a "reasonable expectation of privacy" does not mean the search is "offensive". Only searches that are "offensive" would allow legal action regarding firing of an "at-will" employee. Weiner is arguing here that the search did not even violate a REoP, let alone rise to the level of being offensive. Weiner might have been willing to compromise if the only issue had been some degree of REoP, but that was not the issue at hand.

In other words, the Judge felt that Pillsbury's actions did not tortiously (that is, in violation of some tort, or general non-contractual duty) invade privacy.

An unstated justification for this is the prevention of sexual harassment. This provides a legitimate "motive" for corporations to read all employee email, though of course actual harassment can always be reported by the recipient. But the recipient may be reluctant to complain. The judge did state

Moreover, the company's interest in preventing inappropriate and unprofessional comments or even illegal activity over its e-mail system outweighs any privacy interest the employee may have in those comments.

Arguably, though, the Smyth kind of talk between "buddies", with the self-image projected to fit that context, is exactly what some interpretations of privacy are about. Not all context is "professional".

What if Pillsbury recorded spoken water-cooler or bathroom conversation?

What is a "reasonable expectation of privacy"??? "In the absence of a reasonable expectation of privacy, there can be no violation of the right to privacy". (Bourke v Nissan)

Could Smyth have sued for damages, instead of reinstatement? Maybe. Could Smyth have sued for contractual obligations? Only if he could convince the court that the employee manual constituted a contract.

The judge essentially ignored Smyth's complaint that Pillsbury had promised not to use the contents of emails in disciplinary actions. Here is a footnote to his ruling: ["estoppel" is eh-STOP-uhl]

FN2. Although plaintiff does not affirmatively allege so in his Complaint ... the allegations in the Complaint might suggest that plaintiff is alleging an exception to the at-will employment rule based on estoppel, i.e. that defendant repeatedly assured plaintiff and others that it would not intercept e-mail communications and reprimand or terminate based on the contents thereof and plaintiff relied on these assurances to his detriment when he made the "inappropriate and unprofessional" e-mail communications in October 1994. The law of Pennsylvania is clear, however, that an employer may not be estopped from firing an employee based upon a promise, even when reliance is demonstrated. [emphasis by pld] Paul v. Lankenau Hospital, 524 Pa. 90, 569 A.2d 346 (1990) [pld: summary below].

[Generally, estoppel means prohibiting ("estopping") a party to a lawsuit from doing something they had promised not to do; in this case, firing Smyth.]

In other words, this footnote states there is legal precedent for rejecting a lawsuit for reinstatement that hinged on the fact that Pillsbury had promised not to examine employee email. Smyth was careful to phrase his argument in terms of invasion of privacy, but perhaps the judge thought that was really just trying an end run around this estoppel rule.

Here is a possible approach to Weiner's decision:
Is there a problem here?

Judge Weiner spelled out that exceptions to the employment-at-will doctrine may only be made for compelling public-policy reasons; the closest Smyth came to one of them was that Pillsbury's conduct was offensive. Smyth had claimed that preventing violations of privacy would indeed be a sufficient public-policy reason. Pennsylvania law defined a tort of "intrusion upon seclusion" (not exactly the form of privacy Smyth was concerned with, but close enough), but defined it to mean "intrusion [that] would be highly offensive to a reasonable person".

The judge then felt that Smyth's situation simply did not rise to this level. In fact, the judge stated that Smyth did not even have a "reasonable expectation of privacy".

Judge Weiner did make two somewhat unusual points about private communications. First, as appears in a quote above, the email was voluntary and Weiner writes:

[W]e find no privacy interests in such communications.

What kinds of communication are involuntary? This would also seem to strip email and telephone conversations of privacy rights. This sentence can be read as meaning no forms of communication are subject to privacy protections, because communication is always voluntary.

Second, Weiner also stated:

once [Smyth] communicated the alleged unprofessional comments to a second person (his supervisor),... any reasonable expectation of privacy was lost.

In other words, something is private only if you keep it entirely to yourself; no transaction or communication with another person can ever be private! Perhaps the judge had the "third-party doctrine" in mind, but if so this is an odd application of it.

Do you think this is an example of a case where the judge did not "get it"? Or was Judge Weiner onto something? Or did he have a view of privacy that was very different from freedom from surveillance?

Who decides when we have a "reasonable expectation of privacy"? If most people think email privacy is easy to breach, does it lose protection? Is this case about the judge not "getting it" that email privacy is not about "whoever owns the equipment can do what they want"? Is email any easier to spy on than the phone?

So do we have a reasonable expectation of privacy in email for personal use, if not in the workplace? Arguably more people do now than in 1996. Did a lack of understanding of email privacy back then saddle us with the permanent idea that we had no reasonable expectation of privacy in workplace email? Or was this inevitable, as soon as people had reasonable alternatives for personal email?

The bottom line of Judge Weiner's ruling is that there is "no reasonable expectation of privacy for work email" and they can read it even if they promise not to. Alternatively, such a privacy invasion is not offensive enough to warrant interference with the employment-at-will doctrine.

That "even if they promised not to" part fits in with longstanding law regarding employment-at-will.



Paul v Lankenau Hospital

    524 Pa. 90, 93, 569 A.2d 346,348 (1990) 
    (PA court Atlantic Reporter reference 2nd Series, vol 569 Starts page 346, actual reference on page 348)

Dr Parle Paul, MD, would take home discarded hospital equipment. He would sell it or send it to clinics in Yugoslavia, his homeland. He got permission to take five discarded refrigerators. Unfortunately, he apparently did not have the RIGHT permission.

Oops.

He was fired, and filed suit in state court for reinstatement and for defamation.

A jury trial resulted in a verdict in Paul's favor, both for damages and reinstatement. Superior court affirmed. The appellate court reversed the reinstatement order.

From the appellate decision:

Equitable estoppel is not an exception to employment at-will. The law does not prohibit firing of an employee for relying on an employer's promise.

Exceptions to the [at-will firing] rule have been recognized in only the most limited circumstances, where discharges of at-will employees would threaten clear mandates of public policy. [some such: racial/ethnic discrimination, whistleblowing, refusal to commit illegal acts, unionizing, ...]

In other words, the court ruled that Dr Paul's firing was not "offensive" enough to warrant an exception, just as judge Weiner ruled regarding Smyth.

According to this precedent, Smyth (and his lawyers) knew that he could be fired for any reason, regardless of Pillsbury's promises to the contrary. Pillsbury cannot be estopped from firing him just because they promised not to.

In court cases, you can't add 30% of an argument for equitable estoppel ("hey, they promised!") and 70% of an argument for tortious invasion of privacy ("they listened in!") to get 100% of a case. ONE argument must be 100% sound.



Jurisdiction and Privacy

What if one party to an email lives in a state that grants statutory privacy protections? This problem comes up all the time with phone calls:

Worldcom case: Plaintiffs were Kelly Kearney and Mark Levy; they worked for a company acquired by Worldcom. Their calls were recorded in Georgia, but plaintiffs were calling from California, which forbids recording without notification of ALL parties. They sued the Georgia company that made the recordings, in California. They lost at the trial-court and appellate-court levels, but the California Supreme Court found in their favor, in principle. The court found that recording of calls involving Californians that violated California law could be prosecuted in California no matter where the recording took place, but also declared that, because this was a close issue, it would only apply to future cases.

Illinois law similarly makes it illegal to record a phone conversation (or any conversation, until a 2012 Seventh Circuit decision) without the consent of all parties.

The California Supreme Court finally found in Kearney and Levy's favor, but only granted an injunction prohibiting this behavior in the future.

Massachusetts case: jurisdiction depends on where wiretapping physically took place, not where the speakers were. How does telephony relate to email? What is our expectation of privacy? 

What about use of, say, a personal gmail account while at work? If employer monitors transactions with gmail.com? If employer obtains email from google directly?

Loyola policy: luc.edu/its/policy_email_general.shtml (discussed below)

Persistence: email sticks around, although people traditionally use it as if it were like the phone.




Loyola's policy on email

Policy until 2012:

Privacy on University electronic mail systems [1997-1998] http://www.luc.edu/its/policy_email_general.shtml

In the section subtitled "Privacy on University electronic mail systems", seven reasons were given why someone else might read your email:

The University community must recognize that electronic communications are hardly secure and the University cannot guarantee privacy. The University will not monitor electronic mail messages as a routine matter. But the University reserves the right to inspect, access, view, read and/or disclose an individual's computer files and e-mail that may be stored or archived on University computing networks or systems, for purposes it deems appropriate. There may arise situations in which an individual's computer files and e-mail may be inspected, accessed, viewed, read and/or the contents may be revealed or disclosed. These situations include but are not limited to:

  1. During ordinary management and maintenance of computing and networking services,
  2. During an investigation of indications of illegal activity or misuse, system and network administrators may view an individual's computer files including electronic mail,
  3. During the course of carrying out the University's work, to locate substantive information required for University business, e.g., supervisors may be need to view an employee's computer files including electronic mail,
  4. If an individual is suspected of violations of the responsibilities as stated in this document or other University policies,
  5. To protect and maintain the University computing network's integrity and the rights of others authorized to access the University network.
  6. The University may review and disclose contents of electronic mail messages in its discretion in cooperating with investigations by outside parties, or in response to legal process, e.g., subpoenas,
  7. Should the security of a computer or network system be threatened


Current policy

Official E-Mail-Voice Mail Use and Disclosure Policy: luc.edu/its/policies/policy_email_voicemail.shtml
Some more general guidelines for email use: luc.edu/its/itspoliciesguidelines/policy_email_general.shtml.

Confidentiality of electronic mail

From the first policy:

Loyola cannot guarantee the confidentiality or privacy of electronic or voice mail messages and makes no promises regarding their security. Decisions as to what information to include in such messages should be made with this in mind. The following elements guide the administration of electronic and voice mail at Loyola as it relates to confidentiality:

1. Administrative Activities: Loyola reserves the right to conduct routine maintenance, track problems, and maintain the integrity of its systems. As is the case with all data kept on Loyola's computer systems, the contents of electronic or voice mail messages may be revealed by such activities.

2. Monitoring: Loyola does not monitor the contents of electronic or voice mail messages as a routine matter. However such monitoring may be conducted when required to protect the integrity of the systems or to comply with legal obligations.

3. Directed Access: Loyola does reserve the right to inspect the contents of electronic and voice mail messages in the course of an investigation triggered by indications of impropriety or as necessary to locate substantive information that is not more readily available by some other less intrusive means. Loyola will comply with all legal requirements for access to such information.

Some possible protections (not actually implemented):

Protection against 1: If your email is examined accidentally or as part of routine system maintenance, any contents implicating you on any matters will not be held against you (exceptions???)

Protection against rule 2: If your email is examined because of concerns about system integrity, any contents implicating you on other matters and associated with your legitimate use of your account will NOT be held against you (except in cases of ????)

While these would not be enforceable for staff, as at-will employees, they would be for

The new policy is definitely more focused!



Google Privacy Policy

Google changed their privacy policy on March 1, 2012. What does this mean?

For one thing, it means Google now has just one privacy policy, instead of 50+.

For another, it means that Google can use your search history when targeting ads at you in Gmail/Google+/Google_Earth, etc. They've long used not only your current search but also your search history when targeting ads for you from within Google's search site. Arguably this is the main issue with the change: all the data collected by Google as you interact with any Google product can be pooled and used from any Google site.

Google does allow users to block the use of their Google-search data (in Google Web History). You can also log out of your Google account before searching.



Online Privacy and Advertising



The Amazing Dave: https://www.youtube.com/watch?v=F7pYHN9iC9I



Why are advertisers so determined to spy on you? Didn't print and television advertising succeed without knowing much at all about the viewers?

An excellent summary of the history of online advertising is found in the article The Internet's Original Sin, by Ethan Zuckerman, now at MIT and once the developer of the first pop-up ad:

Along the way, we ended up creating one of the most hated tools in the advertiser's toolkit: the pop-up ad. It was a way to associate an ad with a user's page without putting it directly on the page, which advertisers worried would imply an association between their brand and the page's content.

Here are a couple amazing numbers from Facebook in 2014:

profit per user 60 cents
time spent per user 60 hours

Facebook, in other words, makes one penny for each hour its users spend online.

So what works in online advertising? Zuckerman's next point is debatable, but it's a good first approximation:

Targeting to intent (as Google's search ads do) works well, while targeting to demographics, psychographics or stated interests (as Facebook does) works marginally better than not targeting at all.

But the takeaway for advertisers (and the websites supported by them) is that if only we had a little more information about our users, targeted advertising would finally get its big break.



Standard browser cookies consist of ⟨name,value⟩ pairs, each associated with a domain (eg luc.edu). Both name and value are provided by the website; cookies do not contain your own personal information.

Cookies may also have an expiration date. If there is no date then the cookies are deleted when you exit your browser and are called session cookies; cookies with expiration dates are thus persistent cookies.

Secure cookies have a bit set that limits access to secure (https) connections.

All these are forms of HTTP cookies. A specialized form of cookie is the HttpOnly cookie; these can be requested by the server but not accessed through javascript. This reduces the threat from so-called cross-site scripting.

Accessing cookies: in theory a page from domain foo.org can only access cookies sent from a host matching *.foo.org. Mostly this is correct, though there are some peculiarities of domain naming that make this not completely secure. For example, a host under the control of foo.org may have name bar.com; alternatively, DNS cache poisoning may make host bad.com appear to be good.foo.org.

Another threat is top-level-domain cookies. Browsers disallow the use of .com or .org as a cookie's domain, because then bad.com could set one that might interfere with cookies from good.com. However, the list of top-level-domains keeps growing, and only the most up-to-date browsers will recognize all of them.

Cookies were introduced to provide stateful browser sessions, eg for a shopping cart or an authenticated login. Every time the server sends you a page, it can first retrieve its cookies, which identify you and thus identify your shopping cart or the fact that you are logged in. Alternatives to cookies for stateful browsing include long dynamic URLs.

Another use for cookies support of site personalization. If you make some settings and expect them to be present the next time you return, it is cookies that make this possible. Persistent cookies also enable automatic login, eg to facebook.com after you restart your browser. Persistent cookies, however, also enable support for tracking. Originally this meant tracking you as you returned to the site, so that the site managers could tell how many people returned multiple times; the original argument that cookies couldn't be used to track you across multiple sites was based on the idea that site foo.com could not request the cookies set by site bar.com. However, nothing prevents sites foo.com and bar.com from sharing information about visitors.

Browsers have allowed users from the late 1990s to refuse to accept cookies, or to accept them selectively. Generally, however, this makes sites either completely unusable (eg shopping sites) or practically unusable (eg because of the need to click OK incessantly).

Third-party cookies are cookies from a site other than the one in the location bar (either typed by you or from a link). They arise from some embedded component (image or frame) from the third-party domain, or simply because the site (eg loyolaramblers.com) had an affliated or parent corporation (eg luc.edu) send a cookie. When the third party is advertising.com, or doubleclick.net, or adwords.google.com, they may be on a lot of other pages as well.

It is third-party cookies that are the dangerous ones, as these can tie multiple web pages together.

Originally, third-party cookies were used to limit popup ads to one per visit, or to show ads in a particular sequence, or to audit the ads. But now advertisers use cookies to string together the sequence of pages you've visited. Or at least that your browser session has visited.

There are also other types of cookies; for example, there are flash cookies sent when you visit sites with embedded flash content, and Document Object Model (DOM) cookies.

Adobe provides an online Settings Manager at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html. This is, officially, the only way to remove flash cookies, though on my linux system they are in domain-named subdirectories of $HOME/.macromedia/Flash_Player/macromedia.com/support/flashplayer/sys, and on winXP they appear to be in C:\Docs&Sets\%USER%\Application Data\Macromedia\Flash Player\#SharedObjects\*\.

The term zombie cookies refers to cookies that are recreated (as HTML cookies) from scripts, based on data found in DOM and Flash cookies. This seems a little intrusive; zombie cookies are a clear violation of the user's expressed intent.

Where are your cookies? Where are your flash cookies (*.sol files)? How do you get rid of them?

dictionary.com is famous for installing flash cookies, but in my own test the site just installed three or four. Plus some number of regular cookies.

It seems clear that the only reason advertisers use flash and DOM cookies is to get around users who delete cookies regularly, or who use anti-advertising tools. But see also panopticlick, below.


Third-Party Cookies

Firefox has apparently backed off of supporting these. See http://blog.mozilla.org/privacy/2013/02/25/firefox-getting-smarter-about-third-party-cookies/.

If third-party cookies are not supported, however, that does not end tracking. If you go to loyolaramblers.com and there's an ad from doubleclick.net, then without third-party cookies doubleclick.net can't send you one. One option is for doubleclick.net to be promoted to a first-party participant on the site; that is, it would appear to Firefox that you visited them.


Targeted Advertising

What advertisers really want (or think they want) is to display ads on your pages that are related to your interests. To this end, so-called "ad tech" attempts to find out as much as possible about your interests, both short-term and long-term. Facebook is a master at discerning your long-term interests; so is Google, by analyzing the kinds of things you search for.

But advertisers are also happy with short-term interests (and Facebook and Google both excel here too). One thing they try to do is to create ads that track you (or at least your interests) across sites. So that if you go to vw.com to look at cards, and then to cnn.com, the latter will show you ads for VW (hopefully immediately, but at least eventually).

This is so important to advertisers that it has largely taken over the industry; clicks may pay twice as much if you can show the client that the user has clicked previously on related content. Industry wants ads that follow you around as you browse.

For this reason, when you go to a site with forms, or with a search engine, the site may share with its third-party advertisers some information about what you have typed in. Generally they do not share names, addresses, or email addresses, but search content (or what products you looked at) is generally fair game. For conventional consumer products this is a no-brainer. If you go to a medical site, the site may share your interest in arthritis remedies with advertisers, but perhaps not your interest in herpes or bipolar disorder. But there are no guarantees.

Google does not share what you enter in the google.com search box with third-party advertisers, but only because there are no third-party advertisers: google is a first-party advertiser.

Here's the question: do you care? In the WSJ article cited below, an ad executive makes the statement

When an ad is targeted properly, it ceases to be an ad, it becomes important information

If the information's use was restricted to more advertising, would any amount of information really matter? Or are there advertising approaches that, by "knowing what strings to pull to get you to buy",  are fundamentally unacceptable? Or is it simply that you don't want ads for alcohol showing up at routine sites, or for ads for a birthday surprise for another family member showing up when that family member had a turn on the shared computer?

And is there a special concern if this kind of information became available directly to interested parties? For example, if employers could look up your magazine subscriptions? Or get a general report on your browsing habits? (This could happen only if the sites were very sure of your identity.)

The Wall Street Journal ran a series of articles documenting this ads-following-you-around phenomenon; it is at http://online.wsj.com/article/SB10001424052748703940904575395073512989404.html. With the cooperation of Lotame Solutions, an advertiser, the cookie ID of Ashley Hayes-Beaty, 4c812db292272995e5416a323e79bd37, describes her as enjoying
But Lotame did not have Hayes-Beaty's name, apparently, until the WSJ story.

The Journal also makes the claim (http://blogs.wsj.com/digits/2010/07/30/analyzing-what-you-have-typed) that Lotame has website additions ("beacons") that can actually read what a user types into text fields not "owned" by Lotame. It is not clear if this is actually true, but if it is, it means that advertisers can harvest your name, email address, passwords and any credit-card information. No technical details are provided, but see http://insanesecurity.info/blog/javascriptuserscript-keylogger. Arguably, keystroke logging is illegal, under the ECPA.

Concerned users should consider installing noscript.


Experiment: with a "clean-slate" browser, go to a car site (eg vw.com or pontiac.com), and then to one of cnn.com / msn.com / chicagotribune.com. The goal is to see if any ads follow you.



Can they get your name?

Sometimes it is easy to believe that, while sites know pretty much your full browsing history, they at least don't actually have your name. In the Wall Street Journal series (see previous notes), Lotame Solutions knew everything about Ashley Hayes-Beaty except her name.

But sometimes they can get that too. If you go to site X and log in with your real identity, X knows who you are. X's page may also have subobjects from advertising site Y, who sends you a cookie and has you in their tracking database. X may now agree to share your name with Y, and at this point your name is likely everywhere.

Or perhaps X does not share your name with Y, but Y shares your browser history with X. In this case your name may not be everywhere, exactly, but X has everything about you.



A good TIME Magazine article about online tracking. This article has more examples of wrong or misleading information in advertiser/tracker databases. Note that some tracking is "soft" (tied only to our computer, and based on browsing history) while some is "hard" (specific business records involving our name/address or ssn or both).



Microsoft and IE10 privacy settings: MS has decided to make "do not track" the default in IE10. Advertisers, naturally, are upset.

http://www.geekwire.com/2012/microsoft-holds-ground-big-advertisers-blast-ie10s-default-privacy-settings/


Targeted Advertising Considered Harmful

That's the title of an article http://zgp.org/targeted-advertising-considered-harmful/, written by Don Marti. The core of Marti's theory is that essentially nobody trusts ads at face value. The one piece of evidence we do have as to the trustworthiness of advertisers is the money they spend. Full-page ads in upscale magazines, or television ads, are not cheap, and the very existence of such an ad campaign means that whoever is selling the product has reasonably deep pockets.

This kind of reasoning was analyzed by economist George Akerlof, who observed that someone selling a car knows much more about its condition than a prospective buyer. This "information asymmetry" also holds for advertisers. One way we try to equalize the asymmetry is through evidence of expenditures.

Under this theory, advertising should be most effective not when it is targeted, but in fact when the opposite is true: when the advertising appears on a reputable (hence expensive?) site.

It is not clear the extent to which this theory has been tested in the real world. But even nontechnical computer users have started installing ad-blocker software, so something has to give.



Browser Privacy

Check out https://panopticlick.eff.org. They don't need cookies to track you!

What do you think can be done about this? What aspects of the fingerprint here contribute the most to identifying you? Can they be disabled?


Ad Blocking

Baase 5e has a new section (2.5.3) on ad blockers. The core question: are they ethical? The argument against ad blocking is that ads are what pay for almost all free journalistic content out there. If the difference between filesharing (bad?) and radio (good) was that the latter has ads, then do we in fact have some obligation to leave the ads in place.

For a Utilitarian approach, we start with the tradeoffs. Lost ads may mean loss of free content (and we may miss out on discovering products that we could really use!). But the gorilla in the room is that ads are not just passive displays: we are actively being tracked with them.

Is there a deontological obligation to refuse to block ads? If not, why is listening to the radio (or Spotify) ok, but filesharing is not?

It is harder (but not impossible) to block ads from Facebook because their content and their ads come from the same source. At some point websites may become the source of the ads they display as well, to make ad-blocking more difficult.


Target and Pregnancy

Here's a link to Charles Duhigg's New York Times article: http://www.nytimes.com/2012/02/19/magazine/shopping-habits.html?_r=1&pagewanted=all. The issue was this:

... once consumers' shopping habits are ingrained, it's incredibly difficult to change them. There are, however, some brief periods in a person's life when old routines fall apart and buying habits are suddenly in flux. One of those moments -- the moment, really -- is right around the birth of a child....

If Target could figure out how to identify pregnant women early on, earlier than anyone else, they might be able to "lock them in" as long-term customers. So Target statistician and marketer Andrew Pole was assigned the task. He pretty much succeeded. One flag turns out to be purchases of larger quantities of unscented lotion; another is dietary supplements.

Pole presumably figured this out by identifying women who had recently had babies, through the usual way of consulting birth records, and then going back to look at what they had been purchasing three, four and five months before delivery.

Target's second problem was how to make use of this; customers who received baby ads early in their second trimester were likely to take offense. So Target mixed in baby ads with ads for kitchen stuff, lawn & garden stuff, towels, and everything else. But the baby products were carefully chosen. And the ads -- individually prepared but designed to look mass-produced -- might also include those products that the woman was known to be already purchasing at Target.

At some point, Target got cold feet about Duhigg's article and forbade Pole to speak further.

Duhigg's article contains a famous anecdote: that one father objected to his teenage daughter's receiving baby ads from Target, only to find out later that his daughter was pregnant. This story is probably fictitious; see here. (This incident may be why Target told Pole not to talk to Duhigg.)

You can see Andrew Pole giving a presentation on Target data analytics here, or go here and follow the links.



Life Insurance

Car insurance companies figured out ~20 years ago that credit reports were a remarkably good predictor of driving risk; most automobile-insurance underwriting now uses these reports.

Now it's the turn of life insurance. See http://online.wsj.com/article/SB10001424052748704648604575620750998072986.html. The goal was to replace traditional blood & urine screening (which costs close to $100 to do) with data mining.

Regulators are concerned; one points out that a subscription to a magazine about a high-risk activity (the example in the article is "Hang Gliding Monthly") may be linked to dangerous behavior but also may be simple entertainment. However, if the data-mining results were used only to exempt people from the medical screening, it might be ok.

Here's a core example from the article:

Using readily available data, the consultant said, an insurer could learn that "Beth" commutes some 45 miles to work, frequently buys fast food, walks for exercise, watches a lot of television, buys weight-loss equipment and has "foreclosure/bankruptcy indicators," according to slides used in the presentation.

"Sarah," on the other hand, commutes just a mile to work, runs, bikes, plays tennis and does aerobics. She eats healthy food, watches little TV and travels abroad. She is an "urban single" with a premium bank card and "good financial indicators."

Deloitte's approach, the consultant said, indicates Sarah appears to fall into a healthier risk category. Beth seems to be a candidate for a group with worse-than-average predicted mortality. The top five reasons: "Long commute. Poor financial indicators. Purchases tied to obesity indicators. Lack of exercise. High television consumption indicators."

What do you think of this data? Which of it may have come from grocery-store surveillance cards?

Should medical insurance companies have access to this data?

Automobile insurance companies are working hard at using this kind of data to figure out which drivers (especially younger drivers) are the better risks.

That leaves home insurance as an area where, so far, the risk seems unrelated to your online life.


gmail

All gmail is read at google. Just not necessarily by people. Does this matter?  (Google is currently being sued about this; see http://articles.washingtonpost.com/2013-09-26/business/42421388_1_gmail-users-google-s-marc-rotenberg. The case led Google to declare that gmail users do not have a "reasonable expectation of privacy". However, in March 2014 the plaintiffs were denied class-action status, meaning the suit is unlikely to continue.)

Note that gmail has access to the full text of your email itself. This means Google knows more about you than any regular web advertiser, with the possible exception of Facebook (which tends to have slightly different information).

What if Bradford Councilman, of the email-scanning scheme, had had automated software read the email, and this software then updated Councilman's book-pricing lists? Is this different from what gmail does, or the same?

What if Google searched gmail for insider stock tips, and then invested?

What could Google do with the information it learns about you? What could they do beyond learning of your areas of interest?

What could the government do, if they had access to all your email?

Once Upon A Time, some people laced their emails with words like "bomb" and "terrorist", intended as a troll for the NSA. If you're doing that today you're most likely trolling gmail instead of the NSA. Try lacing your google email with words related to a single hobby with substantial commercial presence (eg tennis), and see what ads you get. (Perhaps the most interesting test would be to choose a socially stigmatized hobby.)



RFID

Original reading: Simson Garfinkel, Adopting Fair Information Practices to Low Cost RFID Systems.

RFID (Radio Frequency IDentification) tags were, for a while, considered to be a looming new privacy threat. Now very few people worry much about them. At this point we are looking at them as an example of a privacy-threatening technology that has not come to much. Why is that?

"Active" RFID tags -- more accurately called devices -- are things like cellphones and iPass transponders that enter into radio communication with outside receivers.

"Passive" tags are like the chip in a CTA Ventra card or other contactless payment card or in your Loyola ID card. They are activated by being in the presence of a radio field, which (very) temporarily powers them up. 

Some stores (notably Wal*Mart) have pushed to have everything in the store delivered with an RFID tag. The tag would be like the usual inventory/shoplifting tag, but it could also do the following:

Consider RFID and bar codes. In one sense, both types work by being "illuminated" by a source of electromagnetic radiation. In practice, most ordinary materials are not opaque to RFID frequencies, and more information can be stored.

creeping incursions: when do we take notice? Is there a feeling that this "only applies to stores"? Are there any immediate social consequences? Is there a technological solution?

How do we respond to real threats to our privacy? People care about SSNs now; why is that?

Are RFID tags a huge invasion of privacy, touching on our "real personal space", or are they the next PC/cellphone/voip/calculator that will revolutionize daily life for the better by allowing computers to interact with our physical world?

Imagine if all your clothing displays where you bought it: "Hello. My underwear comes from Wal*Mart"
(Once upon a time, RFID chips didn't take well to laundering, but this has changed; hotel towels now often have embedded RFID chips to discourage theft. See http://jerrygamblin.com/2016/03/01/please-scan-my-towel/.)

RFID tags on expensive goods, signaling that I have them: iPods, cameras, electronics

Loyola RFID cards

RFID v barcodes: unique id for each item, not each type readable remotely without your consent

"Kill" function

Active and passive tags

Are there ways to make us feel better about RFID??

Garfinkel's proposed RFID Bill of Rights:

Users of RFID systems and purchasers of products containing RFID tags have:

  1. The right to know if a product contains an RFID tag.
  2. The right to have embedded RFID tags removed, deactivated, or destroyed when a product is purchased.
  3. The right to first class RFID alternatives: consumers should not lose other rights (e.g. the right to return a product or to travel on a particular road) if they decide to opt-out of RIFD or exercise an RFID tag's "kill" feature.
  4. The right to know what information is stored inside their RFID tags. If this information is incorrect, there must be a means to correct or amend it.
  5. The right to know when, where and why an RFID tag is being read.

What about #3 and I-Pass? And cellphones?

Serious applications:

Technological elite: those with access to simple RFID readers? Sort of like those with technical understanding of how networks work?

2003 boycott against Benetton over RFID-tagged clothing: see boycottbenetton.com: "I'd rather go naked" (who, btw, do you think is maintaining their site? This page is getting old!)

Some specific reasons for Benetton's actions:

Is the real issue a perception of control? See Guenther & Spiekermann Sept 2005 CACM article, p 73 [not assigned as reading]. The authors developed two models for control of RFID information on tagged consumer goods:

Bottom line: Guenther & Spiekerman found that changing the privacy model for RFID did not really change user concerns.

Is there a "killer app" for RFID? Smart refrigerators don't seem to be it.

I-Pass is maybe a candidate for active RFID, despite privacy issues (police-related). Speedpass (wave-and-go credit card) is another example. And cell phones do allow us to be tracked and do function as RFID devices. But these are all "high-power" RFID, not passive tags.

What about existing anti-theft tags? They are subject to some of the same misuses.

Papers: Bruce Eckfeldt: focuses on benefits RFID can bring. Airplane luggage, security [?], casinos, museum visitors

Does RFID really matter? When would RFID matter?

RFID uses:

tracking people within a fixed zone, eg tracking within a store:

Entry/exit tracking

profiling people
cell-phone tracking: when can this be done?

Are there implicit inducements to waive privacy? If disabling the RFID tag means having to take products to the "kill" counter and wait in line, or losing warranty/return privileges, is that really a form of pressure to get us to leave the tag alone?

RFID shopping carts in stores: scan your card and you get targeted ads as you shop. From nocards.org:

"The other way it's useful is that if I have your shopping habits and I know in a category, for instance, that you're a loyal customer of Coca Cola, let's say, then basically, when I advertise Coca Cola to you the discount's going to be different than if I know that you're a ... somebody that's price sensitive." Fujitsu representative Vernon Slack explaining how his company's "smart cart" operates.

RFID MTA hack? We'll come to this later, under "hacking". But see http://pld.cs.luc.edu/ethics/charlie_defcon.pdf (especially pages 41, 49, and 51) and (more mundane) http://pld.cs.luc.edu/ethics/mifare-classic.pdf.

RFID and card-skimming

Card-skimming is the practice of reading information on magnetic-stripe cards (usually ATM cards) by attaching a secondary reader over the primary card slot. Readers can be purchased (illegally) to blend in with almost any model of ATM. Together with a hidden camera to capture your PIN number, these systems can be used to max out the withdrawals of dozens or even hundreds of accounts each day.

At first sight, RFID seems like it would make this situation even worse: your card (but not PIN) can be skimmed while in your wallet. However, RFID can easily be coupled with "smart card" technology: having a chip on the card that can do public-key encryption and digital signing. (Interfacing such a chip with magnetic-stripe readers is tricky.) With such a smart card, and appropriate challenge-response infrastructure, skimming is useless.

Passports

See also http://getyouhome.gov

US passports have had RFID chips embedded for some years now. In the article at http://news.cnet.com/New-RFID-travel-cards-could-pose-privacy-threat/2100-1028_3-6062574.html, it is stated that

Homeland Security has said, in a government procurement notice posted in September [2005?], that "read ranges shall extend to a minimum of 25 feet" in RFID-equipped identification cards used for border crossings. For people crossing on a bus, the proposal says, "the solution must sense up to 55 tokens."

The notice, unearthed by an anti-RFID advocacy group, also specifies: "The government requires that IDs be read under circumstances that include the device being carried in a pocket, purse, wallet, in traveler's clothes or elsewhere on the person of the traveler....The traveler should not have to do anything to prepare the device to be read, or to present the device for reading--i.e., passive and automatic use."

The article also talks, though, about how passports (as opposed to the PASS cards usable for returning from Canada or Mexico) now have RFID-resistant "antiskimming material" in the front (and back?) cover, making the chip difficult to read when the passport is closed.

Currently, passport covers do provide moderately effective shielding. Furthermore, the data stream is encrypted, and cannot be read without the possession of appropriate keys (although it may still identify the passport bearer as a US citizen). An article in the December 2009 Communications of the ACM by Ramos et al suggested that the most effective attack would be to:

The actual information on the passport consist of your name, sex, date of birth, place of birth, and photograph. Note that to be in the vicinity of the customs counter, you generally have to have a paid international airplane ticket (though eavesdropping at highway crossings might also be possible), and forged blank passport books are also relatively expensive. In other words, this is not an easy scam to pull off. Risks to US citizens abroad seem pretty minimal.




Tracking: Printer tracking dots; word .doc format


SSN

see http://cpsr.org/issues/privacy/ssn-faq/

Privacy Act of 1974: govt entities can't require its use unless:

SSN and:

There had been a trend against using the SSN for student records; some students complained that no federal law authorized its collection for student records and therefore state schools could not require it. Alas, while this idea was gaining traction Congress introduced the Hope education tax credits and now it is required that students give their SSN to colleges. Even if they don't intend to claim the credit.

What exactly is identity theft?

National Identity Card: What are the real issues? tracking? matching between databases? Identity "theft"? See Baase 4e p 91 / 5e p 95

Starting on 4e page 54 / 5e p 57, there's a good section in Baase on stolen data; see especially the table of incidents. What should be done about this? Should we focus on:

You have to give your SSN when applying for a marriage license, professional license, "recreational" license, and some others. Why should this be? For the answer, see http://www4.law.cornell.edu/uscode/42/usc_sec_42_00000666----000-.html. This is a pretty good example of a tradeoff between privacy and some other societal goal, with the latter winning out. What do you think about this tradeoff?


Old-fashioned examples of government privacy issues, now kind of quaint:

Matching: Should the government be able to do data mining on their databases? In particular, should they be able to compare DBs for:

Should the following kinds of data be available to the government for large-scale matching?

Government data collection: what does this really have to do with computing? The government has resources to keep records on "suspects" even with pencil and paper.

Government and e-privacy:

What if FACIAL RECOGNITION were to really take off? What would be the consequences? There are all those cameras already.

Most arguments today against facial recognition are based on the idea that there are too many false positives. What if that stopped being the case?

What about camera evidence of running lights or speeding?


Commercial privacy:

E-bay privacy - Ebay has (or used to have) a policy of automatically opening up their records on any buyer/seller to any police department, without subpoena or warrant.

This one is quite remarkable. What do you think? Is this ethical?


Medical Privacy - the elephant in the room?

HIPAA (Health Insurance Portability & Accountability Act) has had a decidedly privacy-positive effect here.

However, HIPAA does not apply at all to website data collection. Timothy Libert wrote a paper Privacy Implications of Health Information Seeking on the Web in the March 2015 Communications of the ACM. This is summarized by Merchant, Looking Up Symptoms Online? These Companies Are Tracking You.

It turns out that the vast majority of medical-information websites () pass your search query on to third parties. 

When an html page is downloaded, it will ask your browser to grab additional page components from other sites, eg for images, advertising or other embedded content. When your browser requests this additional content, its GET request usually contains "referer" [sic] information that identifies the page you originally requested. It is these referer requests that leak information about your search to companies who may want to harvest the information.

On the CDC's HIV page, third-party requests are made to the servers of Facebook, Pinterest, Twitter, and Google. In the case of the first three companies, the requested elements are all social media buttons, which allow for the sharing of content via the "Recommend," "Tweet," or "Pin It" icons .... It is unlikely that many users would understand the presence of these buttons indicates that their data is sent to these companies. In contrast, the Google elements on the page are entirely invisible and there is no Google logo present.

The Google request is for the google-analytics javascript package. The referer field for all the requests likely contains "cdc.gov/hiv", informing all four sites that you might have AIDS. All four sites may now send cookies, and/or engage in browser fingerprinting.

Advertisers have a well-understood interest in knowing who has HIV, or herpes, or acid reflux or allergies (there is a lot of money in treating long-term conditions). The Libert paper, however, discovered that two data brokers -- Experian and Acxiom -- were also present on a small but substantial number of pages (about 5%). These companies often resell data, often to insurers and prospective employers and often after identifying the name of the user involved. That is concerning.





Price Discrimination

Andrew Odlyzko's 2003 survey paper on price discrimination is at http://pld.cs.luc.edu/ethics/odlyzko.pdf.

What is the real goal behind the collection of all this commercial information? Especially grocery-store discount/club/surveillance cards. There are many possible goals, but here's one that you might not have thought about, in which your privacy can be "violated" even if you are anonymous!

To create a basic supply/demand graph, one draws curves with price on the horizontal axis, and quantity on the vertical. The supply curve is increasing; the higher the price the greater the supply. The demand curve, on the other hand, decreases with increasing price. However, these are for aggregates.

Now suppose you set price P, and user X has threshold Px.  The demand curve decreases as you raise P because fewer X's are willing to buy. Specifically:

But what you really want is to charge user X the price Px.

Example: Alice & Bob each want a report. Alice will pay $1100, Bob will pay $600. You will only do it for $1500. If you charge Alice $1000 and Bob $500, both think they are getting a deal.

But is this FAIR to Alice?

In one sense, absolutely yes.

But what would Alice say when she finds out Bob paid half, for the same thing?

Possible ways to improve the perception of value:

What do computers have to do with this?

Airline pricing: horrendously complicated, to try to maximize revenue for each seat.

Online stores certainly could present different pricing models to different consumers. Does this happen? I have never seen any evidence of it, beyond recognizing different broad classes of consumers. Perhaps it takes the form of discounts for favorite customers, but that's a limited form of price discrimination.

Dell: different prices to business versus education This is the same thing, though the education discount is not nearly as steep now.

Academic journal subscriptions and price discrimination: Libraries pay as much as 10 times for some journals as individuals!

Two roundtrip tickets including weekends can be less than one (this example is from 2005, but the pattern is still with us; all flights are round-trips)   

origin
destination
outbound
return
cost
Minneapolis
Newark
Wed
Fri
$772.50
Minneapolis
Newark
Wed
next week
$226.50
Newark
Minneapolis
Fri
next week
$246.50

If you buy the second and third tickets and throw out the returns, you save almost $300! Airlines have actually claimed that if you don't fly your return leg, they can charge you extra.

The issue is not at all specific to online shopping; it applies to normal stores as well. Sometimes it goes by the name "versioning": selling slightly different versions to different market segments, some at premium prices.

Online shopping

At one time, online retailers pretty much offered up the same price to everyone, partly on the assumption that different prices for different people would be quickly noticed.

Those were the days.

Here are some common strategies today (2015):

None of these examples are exactly of the form "we know from his past shopping behavior the most Peter is willing to pay; let's charge him that". But price discrimination in online retailing is clearly increasing. Travel sites seem to be particularly prone to this, partly because travel prices are so wildly variable.



Grocery Store Surveillance Cards

In the industry these are called "loyalty" cards. Jewel recently dropped theirs.

The organization CASPIAN (http://nocards.org) is against surveillance cards. A big part of Caspian's argument appears to be that the cards don't really save you money; that is, the stores immediately raise prices.

customer-specific pricing: http://nocards.org/overview

One recent customer-specific-pricing strategy: scan your card at a kiosk to get special discounts.

Jewel's "avenu" program was an attempt to create customer-specific pricing. Customers could check in at a kiosk (either in-store or online) and get coupons based on their shopping history. Apparently it was not a success; Jewel later discontinued the entire card program.

Store loyalty is only one goal of surveillance cards. Another goal within the industry is to offer the deepest discounts to those who are less likely to try the product anyway. In many cases, this means offering discounts to shoppers who are known to be price-sensitive, and not to others.

Clearly, the cards let stores know who is brand-sensitive and who is price-sensitive, although stores now have other ways to figure this out.

Loyal Skippy peanut butter customers would be unlikely to get Skippy discounts, unless as part of a rewards strategy. They would be more likely to qualify for Jif discounts.

Classic price discrimination means charging MORE to your regular customers, to whom your product is WORTH more, and giving the coupons to those who are more price-sensitive. Well, maybe the price-sensitive shoppers would get coupons for rice, beans, and peanut butter, while the price-insensitive shoppers would get coupons to imported chocolates, fine wines, and other high-margin items.

Shopper-surveillance cards probably have been used effectively for the following two strategies:

1. To allow price discrimination: giving coupons etc to the price-sensitive only. There may be other ways to use this; cf Avenu at Jewel

The idea used to be that you, the consumer, could shop around, compare goods and prices, and make a smart choice. But now the reverse is also true: The vendor looks at its consumer base, gathers information, and decides whether you are worth pleasing, or whether it can profit from your loyalty and habits. -- Joseph Turow, Univ of Pennsylvania

2. segmentation (nocards.com/overview) What about arranging the store to cater to the products purchased by the top 30% of customers (in terms of profitability)? In a Caspian case study, the candy aisle was reduced, although it's a good seller, because top 30% preferred baby products. Is this really enough to make the cards worth it to the stores, though?

Using a card anonymously doesn't help you here, as long as you keep using the same card!

Using checkout data alone isn't enough, if "the groceries" are bought once a week but high-margin items are bought on smaller trips.

One of the most significant examples of price discrimination is college tuition. The real tuition equals the list price minus your school scholarship. While many scholarships are outside of the control of the school, the reality is that schools charge wealthier families more for the same education.

Another example of price discrimination is student versions of popular software (eg MSDNAA $0 pricing, or Photoshop student versions). Why do software companies do this?



ePrivacy wrap-up

Maybe the main point is simply that no one does really care about privacy, at least in the sense of all that data out there about us. One can argue that at least we're consistent: collectively we tend to ignore "rights" issues with software both when it works in our favor (file sharing) and against us (privacy).

One secondary issue with privacy is the difference between "experts" and ordinary people: experts know a lot more about how to find out information on the Internet than everyone else. We'll come back to this "digital divide" issue later, under the topic "hacking", but note that there may be lots of available information out there about you that you simply are not aware of.