POLITICS AND PRIVACY:

THE MISINFORMATION AGE

BY MEG YAHL

The 4th AmendmentThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

What’s all this then?

“… later we extended privacy protections to new modes of communications such as the telephone, the computer, and eventually email.”

Consumer Privacy Bill of Rights Intended to protect the people’s basic

right to privacy. Serves as a guide to developing future

legislation regarding online privacy. Also intended to keep the legal jargon of

the legislation clear and relatively easy to understand.

Ease of Readability

Sec 217 Interception of PC Tresspasser Communications(1) in section 2510—(A) in paragraph (18), by striking ‘‘and’’ at the end;(B) in paragraph (19), by striking the period andinserting a semicolon; and(C) by inserting after paragraph (19) the following:‘‘(20) ‘protected computer’ has the meaning set forth insection 1030; and‘‘(21) ‘computer trespasser’—‘‘(A) means a person who accesses a protected computerwithout authorization and thus has no reasonable expectation of privacy in any

communication transmitted to,through, or from the protected computer; and‘‘(B) does not include a person known by the owneror operator of the protected computer to have an existingcontractual relationship with the owner or operator of theprotected computer for access to all or part of the protectedcomputer.’’; …

The Short Version

The Long Version

(The) Uniting (and) Strengthening

America (by) Providing Appropriate

Tools Required (to) Intercept (and)

Obstruct Terrorism (Act)

The “For Dummies” Version

National Security Letters

Abuse of Power “… on over 700 occasions the FBI obtained

telephone toll billing records or subscriber information from 3 telephone companies without first issuing NSLs or grand jury subpoenas. Instead the FBI issued so-called ‘exigent letters’ signed by FBI Headquarters Counterterrorism Division personnel who were not authorized to sign NSLs. In many instances there was no pending investigation associated with the request at the time the exigent letters were sent. In addition … many were not issued in exigent circumstances, and the FBI was unable to determine which letters were sent in emergency circumstances due to inadequate recordkeeping.”

What It Can and Can’t Do “A national security letter cannot be used to

authorize eavesdropping or to read the contents of e-mail. But it does permit investigators to trace revealing paths through the private affairs of a modern digital citizen. The records it yields describe where a person makes and spends money, with whom he lives and lived before, how much he gambles, what he buys online, what he pawns and borrows, where he travels, how he invests, what he searches for and reads on the Web, and who telephones or e-mails him at home and at work.”

Expat Definition:   A person who is voluntarily

absent from home or country In a sentence: Daniel Flynn was an

American expat before the USA PATRIOT Act.

Unintended Consequences

“It seems the new anti-terrorist rules are having unintended effects. … I was born in San Francisco in 1939, served my country as an army officer from 1961 to 1963, have been paying U.S. income taxes for 57 years, since 1952, have continually maintained federal voting residence, and hold a valid American passport. … [His U.S. bank of 44 years] said that the new anti-terrorism rules required them to close our account because of our address outside the U.S.”

The 3rd Commandment of Computer Ethics

Thou Shalt Not Snoop Around In Other People’s Computer Files

So, which sounds more ethical to you?

Presentation Resources http://www.washingtonmonthly.com/blog

photos/Blog_National_Security_Letters.gif

http://theheretik.typepad.com/the_heretik/images/the_patriot_act_for_dummies_061005.jpg

http://www.washingtonpost.com/wp-dyn/content/article/2005/11/05/AR2005110501366.html

http://www.cartoonstock.com/directory/l/legal_jargon.asp

http://www.inquisitr.com/wp-content/2012/02/internet-privacy.jpg