Fair information practice principles and privacy laws
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Fair Information Practice Principles and Privacy Laws. Week 3 - September 12, 14. More homework 1 review. Web cams Privacy in the news Issues privacy groups are working on Any questions about plagiarism?. Using Library Resources. Research and Communication Skills.

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More homework 1 review

  • Web cams

  • Privacy in the news

  • Issues privacy groups are working on

  • Any questions about plagiarism?



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Research and Communication Skills

CMU Libraries (http://www.library.cmu.edu)

  • Engineering and Science (a.k.a. E&S)

    • Location: Wean Hall, 4th floor

    • Subjects: Computer Science, Engineering, Mathematics, Physics, Science, Technology

  • Hunt (CMU’s main library)

    • Location: Its own building (possibly 2nd ugliest on campus behind Wean), between Tepper and Baker

    • Subjects: Arts, Business, Humanities, Social Sciences

  • Software Engineering Institute (a.k.a. SEI)

    • Location: SEI Building (4500 Fifth Avenue), 3rd floor

    • Subjects: Security, Software, Technology


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Research and Communication Skills

START HERE: Cameo

  • Cameo is CMU’s online library catalog

    • http://cameo.library.cmu.edu/

  • Catalogs everything CMU has: books, journals, periodicals, multimedia, etc.

  • Search by key words, author, title, periodical title, etc.


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CAMEO: Search Result for “Cranor”

Number of copies and status

Library



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Research and Communication Skills

If it’s not in Cameo, but you need it today: Local Libraries

  • Carnegie Library of Pittsburgh

    • Two closest locations

      • Oakland: Practically on campus (4400 Forbes Ave.)

      • Squirrel Hill: Forbes & Murray (5801 Forbes Ave.)

    • http://www.carnegielibrary.org/index.html

  • University of Pittsburgh Libraries

    • 16 libraries! Information science, Engineering, Law, Business, etc.

    • http://pittcat.pitt.edu/


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Research and Communication Skills

If it’s not in Cameo, and you can wait: ILLiad and E-ZBorrow

  • ILLiad and E-ZBorrow are catalogs of resources available for Interlibrary Loan from other libraries nationwide (ILLiad) and in Pennsylvania (E-ZBorrow)

  • Order items online (almost always free)

  • Wait for delivery – average 10 business days

  • Find links to ILLiad and E-ZBorrow online catalogs at http://www.library.cmu.edu/Services/ILL/


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Research and Communication Skills

Other Useful Databases

  • Links to many more databases, journal collections

    • Must be accessed on campus or through VPN

    • http://www.library.cmu.edu/Search/AZ.html

  • Lexis-Nexis

    • Massive catalog of legal sources – law journals, case law, news stories, etc.

  • IEEE and ACM journal databases

    • IEEE Xplore and ACM Digital Library

  • INSPEC database

    • Huge database of scientific and technical papers

  • JSTOR

    • Arts & Sciences, Business, Mathematics, Statistics


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Research and Communication Skills

And of course…

  • Reference librarians are available at all CMU libraries, and love to help people find what they need – just ask!


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OECD fair information principles

http://www.datenschutz-berlin.de/gesetze/internat/ben.htm

  • Collection limitation

  • Data quality

  • Purpose specification

  • Use limitation

  • Security safeguards

  • Openness

  • Individual participation

  • Accountability


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US FTC simplified principles

  • Notice and disclosure

  • Choice and consent

  • Data security

  • Data quality and access

  • Recourse and remedies

    US Federal Trade Commission, Privacy Online: A Report to Congress (June 1998), http://www.ftc.gov/reports/privacy3/


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Privacy laws around the world

  • Privacy laws and regulations vary widely throughout the world

  • US has mostly sector-specific laws, with relatively minimal protections - often referred to as “patchwork quilt”

    • Federal Trade Commission has jurisdiction over fraud and deceptive practices

    • Federal Communications Commission regulates telecommunications

  • European Data Protection Directive requires all European Union countries to adopt similar comprehensive privacy laws that recognize privacy as fundamental human right

    • Privacy commissions in each country (some countries have national and state commissions)

    • Many European companies non-compliant with privacy laws (2002 study found majority of UK web sites non-compliant)


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US law basics

  • Constitutional law governs the rights of individuals with respect to the government

  • Tort law governs disputes between private individuals or other private entities

  • Congress and state legislatures adopt statutes

  • Federal agencies can adopt regulations which are equivalent to statutes, as long as they don’t conflict with statute


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US Constitution

  • No explicit privacy right, but a zone of privacy recognized in its penumbras, including

    • 1st amendment (right of association)

    • 3rd amendment (prohibits quartering of soldiers in homes)

    • 4th amendment (prohibits unreasonable search and seizure)

    • 5th amendment (no self-incrimination)

    • 9th amendment (all other rights retained by the people)

  • Penumbra: “fringe at the edge of a deep shadow created by an object standing in the light”

    (Smith 2000, p. 258, citing Justice William O. Douglas in Griswold v. Connecticut)


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Federal statutes and state laws

  • Federal statutes

    • Tend to be narrowly focused

  • State law

    • State constitutions may recognize explicit right to privacy (Georgia, Hawaii)

    • State statutes and common (tort) law

    • Local laws and regulations (for example: ordinances on soliciting anonymously)


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Four aspects of privacy tort

  • You can sue for damages for the following torts (Smith 2000, p. 232-233)

    • Disclosure of truly intimate facts

      • May be truthful

      • Disclosure must be widespread, and offensive or objectionable to a person of ordinary sensibilities

      • Must not be newsworthy or legitimate public interest

    • False light

      • Personal information or picture published out of context

    • Misappropriation (or right of publicity)

      • Commercial use of name or face without permission

    • Intrusion into a person’s solitude


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How does the law regulate privacy?

  • Law may require waiving privacy interests

  • Law may enforce privacy interests

  • Typically, the law identifies relevant privacy interests to protect, identifies relevant interests supporting disclosure, and tries to balance both sets of issues in a single resolution


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Difficult legal problems

  • Can an individual “own” (and therefore sell) his or her own privacy rights?

  • Should the default assumption be “protect the privacy interest” or “compel waiver of the privacy interest”?

  • When should the law defer to informal or social norms, or to technological barriers or solutions?


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Some US privacy laws

  • Bank Secrecy Act, 1970

  • Fair Credit Reporting Act, 1971

  • Privacy Act, 1974

  • Right to Financial Privacy Act, 1978

  • Cable TV Privacy Act, 1984

  • Video Privacy Protection Act, 1988

  • Family Educational Right to Privacy Act, 1993

  • Electronic Communications Privacy Act, 1994

  • Freedom of Information Act, 1966, 1991, 1996


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US law – recent additions

  • HIPAA (Health Insurance Portability and Accountability Act, 1996)

    • When implemented, will protect medical records and other individually identifiable health information

  • COPPA (Children‘s Online Privacy Protection Act, 1998)

    • Web sites that target children must obtain parental consent before collecting personal information from children under the age of 13

  • GLB (Gramm-Leach-Bliley-Act, 1999)

    • Requires privacy policy disclosure and opt-out mechanisms from financial service institutions


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Safe harbor

  • Membership

    • US companies self-certify adherence to requirements

    • Dept. of Commerce maintains signatory list http://www.export.gov/safeharbor/

    • Signatories must provide

      • notice of data collected, purposes, and recipients

      • choice of opt-out of 3rd-party transfers, opt-in for sensitive data

      • access rights to delete or edit inaccurate information

      • security for storage of collected data

      • enforcement mechanisms for individual complaints

  • Approved July 26, 2000 by EU

    • reserves right to renegotiate if remedies for EU citizens prove to be inadequate


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Data protectionagencies

  • Australia: http://www.privacy.gov.au/

  • Canada: http://www.privcom.gc.ca/

  • France: http://www.cnil.fr/

  • Germany: http://www.bfd.bund.de/

  • Hong Kong: http://www.pco.org.hk/

  • Italy: http://www.privacy.it/

  • Spain: http://www.ag-protecciondatos.es/

  • Switzerland: http://www.edsb.ch/

  • UK: http://www.dataprotection.gov.uk/

    … And many more



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Research and Communication Skills

Writing a literature review

  • What is a literature review?

    • A critical summary of what has been published on a topic

      • What is already known about the topic

      • Strengths and weaknesses of previous studies

    • Often part of the introduction or a section of a research paper, proposal, or thesis

  • A literature review should

    • be organized around and related directly to the thesis or research question you are developing

    • synthesize results into a summary of what is and is not known

    • identify areas of controversy in the literature

    • formulate questions that need further research

      Dena Taylor and Margaret Procter. 2004. The literature review: A few tips on conducting it. http://www.utoronto.ca/writing/litrev.html


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Research and Communication Skills

Literature review do’s and don’ts

  • Don’t create a list of article summaries or quotes

  • Do point out what is most relevant about each article to your paper

  • Do compare and contrast the articles you review

  • Do highlight controversies raised or questions left unanswered by the articles you review

  • Do take a look at some examples of literature reviews or related work sections before you try to create one yourself

    • For an example, of a literature review in a CS conference paper see section 2 of http://cs1.cs.nyu.edu/~waldman/publius/paper.html


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Homework 2

  • http://lorrie.cranor.org/courses/fa05/hw2.html

  • Privacy laws

  • Technologies that raise privacy concerns


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Homework 3

  • http://lorrie.cranor.org/courses/fa05/hw3.html


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Announcements

  • Don’t forget that project brainstorming is due by Monday


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