Privacy

  • July 28, 2011
    Guest Post

    By Lyle Denniston. Mr. Denniston is the National Constitution Center’s Adviser on Constitutional Literacy. He has reported on the Supreme Court for 53 years, currently covering it for SCOTUSblog, an online clearing house of information about the Supreme Court’s work. Denniston’s analysis was first posted at the National Constitution Center’s Constitution Daily.


    The constitutional claim:

     “The TSA’s body scanner program violates the Fourth Amendment…The TSA subjects all air travelers to the most extensive, invasive search available…The TSA rules require individuals to submit to a digital strip search that is maximally intrusive.”

    - Arguments made in a legal brief filed by the Electronic Privacy Information Center (EPIC) in its lawsuit against the Dept. of Homeland Security, decided by the D.C. Circuit Court of Appeals, July 15, 2011.

    The constitutional response:

    The U.S. Supreme Court has never ruled directly on the constitutionality of screening passengers at the nation’s airports, but has suggested in cases involving other kinds of searches that airport searches are vital to public safety.  In the first federal court test of full-body scanners, the Court of Appeals for the D.C. Circuit earlier this month rejected the constitutional challenge.

    Full-body scanners are now in use at more than 80 U.S. airports and are destined for all domestic air terminals as the primary screening method, replacing magnetometers.  A passenger who objects to this imaging can choose a physical pat-down.

    From the time the government began using full-body imaging four years ago, there have been strong protests that the technology invades personal privacy and is unconstitutional under the Fourth Amendment.

  • August 10, 2010
    The cyberspace advertising giant Google is facing internal struggles over how "far should it go in profiting from its crown jewels - the vast trove of data it possesses" about users' online activities, reports The Wall Street Journal's Jessica E. Vascellaro.

    Reporting on a 2008 confidential "vision statement," the WSJ says the document provides "a candid, introspective look at Google's fight to remain at the vanguard of the information economy."

    The Google document asserts that the company's database is "the BEST source of user interests found on the Internet," and advances ideas on how to take advantage of the situation, WSJ reports.

    The article continues:

    The most aggressive ideas would put Google at the cutting edge of the business of tracking people online to profit from their actions. A data-trading marketplace, for instance, would allow personal information from many sources - including Google - to be combined and used for highly personalized tracking of individuals.

    Beyond information gleaned from the vision statement, interviews with current and past Google workers reveal an internal and ongoing struggle over concerns about users' privacy and the potential for company profits.

    "In short," the WSJ piece concludes, "Google is trying to establish itself as the clearinghouse for as many ad transactions as possible, even when those deals don't actually involve consumer data that Google provides or sees. The further step in that progression would be for Google to become a clearinghouse for everyone's data, too. That idea, also laid out in the vision statement, is still being considered, people familiar with the talks say. That would put Google - already one of the biggest repositories of consumer data anywhere - at the center of the trade in other people's data as well."

     

  • July 31, 2010

    After providing a keynote address at a recent ACS event on privacy concerns in a digital age, Christopher N. Olsen, the assistant director in the Federal Trade Commission's Division of Privacy and Identity Protection, noted in an interview with ACSBlog that the agency plans several forums for hearing input on the tackling online privacy concerns. Watch Olsen's interview below or download a podcast of it here.

     

  • July 22, 2010
    Connecticut Attorney General Richard Blumenthal, leading a multistate investigation into Google's Street View software, urged the company to release more data about the software, including the names of the people responsible for its usage.

    In a press release announcing his letter that was sent to Google earlier this week on behalf of the 37-state coalition, Blumenthal maintained that the Internet search company should have been aware that the software could ensnare personal data.

    "If Google tested this software, it should have known all along that Street View cars [pictured] would snare and collect confidential data from homes across America. Now the question is how it may have used - and secured - all this private information," he stated.

    In his letter, Blumenthal also asked Google to supply the names of the people responsible for the Street View software, Reuters reported. The news service states that Google has acknowledged that its Street View software, intended to use Wi-Fi spots to provide location information to smartphones, had collected personal information over a number of years. Reuters noted that Google is facing "an informal investigation into the matter by the Federal Trade Commission, a variety of probes overseas, and class action lawsuits." Additionally Blumenthal asks Google whether it "sold or otherwise used technical network information also collected."

    Blumenthal states:

    Google's responses continue to generate more questions than they answer. Our powerful multistate coalition - 37 states so far - is demanding that Google reveal whether it tested Street View software, which should have revealed that it was collecting payload data.

    We are asking Google to identify specific individuals responsible for the snooping code and how Google was unaware that this code allowed the Street View cars to collect data transmitted over WiFi networks. Information we are awaiting includes how the spy software was included in Google's Street View program and specific locations where unauthorized data collection occurred.

    We will take all appropriate steps - including potential legal action if warranted - to obtain complete, comprehensive answers.

    Some of the states involved in the investigation include Florida, Illinois, Kentucky, Massachusetts, Missouri, Texas, New York, Mississippi, Vermont Nebraska, Michigan, North Carolina, Oregon, Washington, Kansas, Montana and Rhode Island. The District of Columbia is also a part of the coalition.

    Google spokeswoman Christine Chen told Reuters, "It was a mistake for us to include code in our software that collected payload data, but we believe we did nothing illegal. We're working with the relevant authorities to answer their questions and concerns."

  • October 30, 2009
    Guest Post

    By Sheel Pandya, Policy Counsel, Center for Democracy & Technology's Health Privacy Project 

    Health information technology ("health IT") has been widely recognized as an essential tool in achieving a number of health care reform goals, including improving health care quality, reducing costs, increasing efficiency, and boosting consumer participation in their own health care. But without strong privacy and security protections in place, the risk of electronic health data falling into the wrong hands and being used for inappropriate purposes is amplified.

    Survey data shows that the public is cognizant of both the benefits and risks of health IT. A large majority of consumers would like electronic access to their health data (for themselves and their providers), but are still concerned about the privacy of their data. How can we allay consumer fears, while building trust in health IT? The short answer is we need a comprehensive privacy and security framework that sets clear parameters for access, use and disclosures of personal health data for all entities engaged in health IT. Such a framework will build consumer trust in health IT, and help us to fully realize its benefits.