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2006 | Buch

The Digital Person and the Future of Privacy Kapitel lesen Erstes Kapitel lesen

Privacy and Technologies of Identity

A Cross-Disciplinary Conversation

herausgegeben von: Katherine J. Strandburg, Daniela Stan Raicu

Verlag: Springer US

Enthalten in: Springer Professional "Wirtschaft+Technik" , Springer Professional "Technik" , Springer Professional "Wirtschaft"

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Über dieses Buch

Privacy and Technologies of Identity: A Cross-Disciplinary Conversation provides an overview of ways in which technological changes raise privacy concerns. It then addresses four major areas of technology: RFID and location tracking technology; biometric technology, data mining; and issues with anonymity and authentication of identity. Many of the chapters are written with the non-specialist in mind, seeking to educate a diverse audience on the "basics" of the technology and the law and to point out the promise and perils of each technology for privacy. The material in this book provides an interface between legal and policy approaches to privacy and technologies that either threaten or enhance privacy.

This book grew out of the Fall 2004 CIPLIT(r) Symposium on Privacy and Identity: The Promise and Perils of a Technological Age, co-sponsored by DePaul University's College of Law and School of Computer Science, Telecommunications and Information Systems. The Symposium brought together leading researchers in advanced technology and leading thinkers from the law and policy arenas, many of whom have contributed chapters to the book. Like the Symposium, the book seeks to contribute to a conversation among technologists, lawyers, and policymakers about how best to handle the challenges to privacy that arise from recent technological advances.

Inhaltsverzeichnis

Frontmatter

Introductory Issues in Privacy and Technology

Chapter 1. The Digital Person and the Future of Privacy
Abstract
This chapter, based on Professor Solove’s book, The Digital Person: Technology and Privacy in the Information Age (NYU Press 2004), explores the social, political, and legal implications of the collection and use of personal information in computer databases. In the Information Age, our lives are documented in digital dossiers maintained by a multitude of businesses and government agencies. These dossiers are composed of bits of our personal information, which when assembled together begin to paint a portrait of our personalities. The dossiers are increasingly used to make decisions about our lives — whether we get a loan, a mortgage, a license, or a job; whether we are investigated or arrested; and whether we are permitted to fly on an airplane. In this chapter, Solove explores the implications of these developments and sets forth a new understanding of privacy, one that is appropriate for the challenges of the Information Age.
Daniel J. Solove
Chapter 2. Privacy and Rationality
A Survey
Abstract
We present preliminary evidence from a survey of individual privacy attitudes, privacy behavior, and economic rationality. We discuss the theoretical approach that drives our analysis, the survey design, the empirical hypotheses, and our initial results. In particular, we present evidence of overconfidence in privacy assessments, lack of information prior to privacy-sensitive decisions, misconceptions about one’s own exposure to privacy risks, bounded rationality, and hyperbolic discounting.
Alessandro Acquisti, Jens Grossklags
Chapter 3. Social Norms, Self Control, and Privacy in the Online World
Abstract
This chapter explores ways in which human limitations of rationality and susceptibility to temptation might affect the flow of personal information in the online environment. It relies on the concept of “willpower norms” to understand how the online environment might undermine the effectiveness of social norms that may have developed to regulate the flow of personal information in the offline world. Finally, the chapter discusses whether legal regulation of information privacy is an appropriate response to this issue and how such regulation should be formulated in light of tensions between concerns about self-control and paternalism.
Katherine J. Strandburg

Privacy Implications of RFID and Location Tracking

Chapter 4. Rfid Privacy
A Technical Primer for the Non-Technical Reader
Abstract
RFID (Radio-Frequency IDentification) is a wireless identification technology poised to sweep over the commercial world. A basic RFID device, often known as an “RFID tag,” consists of a tiny, inexpensive chip that transmits a uniquely identifying number over a short distance to a reading device, and thereby permits rapid, automated tracking of objects. In this article, we provide an overview of the privacy issues raised by RFID. While technically slanted, our discussion aims primarily to educate the non-specialist.
We focus here on basic RFID tags of the type poised to supplant optical barcodes over the coming years, initially in industrial settings, and ultimately in consumer environments. We describe the challenges involved in simultaneously protecting the privacy of users and supporting the many beneficial functions of RFID. In particular, we suggest that straightforward approaches like “killing” and encryption will likely prove inadequate. We advance instead the notion of a “privacy bit,” effectively an on/off data-privacy switch that supports several technical approaches to RFID privacy enforcement.
Ari Juels
Chapter 5. Geolocation and Locational Privacy
The “Inside” Story on Geospatial Tracking
Abstract
Radio frequency identification (RFID) and global positioning system (GPS) technologies are complementary strategies for determining a subject’s instantaneous location. Whereas RFID tracking requires readers positioned at appropriate choke points in a circulation network, GPS allows continuous tracking, especially if linked in real time to the wireless telephone system. But because of signal attenuation in buildings and multipath-corrupted signals in urban canyons, GPS does not guarantee reliable, uninterrupted tracking. Privacy issues raised by GPS tracking and its amalgamation with RFID include the retention period, the ownership of an individual’s locational history, and a “locate-me” button that would extend “opt-in” protection to cellular-telephone users. Potential for abuse heightens concern about locational privacy as a basic right.
Mark Monmonier
Chapter 6. Privacy Inalienability and Personal Data Chips
Abstract
Even as new possibilities for trade in personal information promise new avenues for the creation of wealth, this controversial market raises significant concerns for individual privacy-consumers and citizens are often unaware of, or unable to evaluate, the increasingly sophisticated methods devised to collect information about them. This Essay develops a model of propertized personal information that responds to concerns about privacy and evaluates it in the context of tracking chips. It sets out the five critical elements of such a model, which is intended to fashion a market for data trade that respects individual privacy and helps maintain a democratic order. These five elements are: limitations on an individual’s right to alienate personal information; default rules that force disclosure of the terms of trade; a right of exit for participants in the market; the establishment of damages to deter market abuses; and institutions to police the personal information market and punish privacy violations.
Paul M. Schwartz

Privacy Implications of Biometric Technologies

Chapter 7. Biometrics
Overview and Applications
Abstract
This chapter provides an overview of the biometric technologies and applications. It discusses different modes of biometric application deployment. A discussion on societal issues pertaining to biometrics is provided.
Ishwar K Sethi
Chapter 8. Biometrics: Applications, Challenges and the Future
Abstract
Biometrics refers to the science of identifying or verifying individuals based on biological or behavioral characteristics. It is one of the fastest growing technology areas and has the potential to impact the way we live and do business, and to make the world safer and more convenient. However, the technology also raises technical and social issues that must be addressed, such as concerns about insufficient accuracy and privacy. In this chapter, we describe how different biometrics methods work and discuss their respective strengths and weaknesses. A major challenge facing biometrics systems today is the threat of circumvention by criminals. This chapter points out techniques being used to spoof biometrics systems and the countermeasures being taken to prevent them. As facial recognition is considered to be the most non-intrusive and promising biometrics method, this chapter uses it as a case study for a detailed discussion. Despite the difficulties and challenges today, we believe that biometrics technology will gain acceptance and be pervasive in applications in the near future.
Gang Wei, Dongge Li
Chapter 9. Constructing Policy
The Unsettled Question of Biometric Technology and Privacy
Abstract
The creation of privacy legislation specific to biometric identifiers must answer the threshold question of whether such legislation would simply replicate or duplicate existing legislation. The specific privacy protections afforded under the auspices of the Constitution and current statutory privacy protections are certainly applicable to biometric identifiers. The question, however, is how effective the existing legislation will be in combating consumer fears and protecting privacy in the arena of biometric technology. Existing legislation must be evaluated not according to its own terms but according to the standards of protection that it seeks to uphold. New legislative efforts then must strive to effectuate the principles of protective legislation already in place while overcoming its shortcomings in practice. The question considered in this paper is whether biometric identifier privacy legislation is necessary given protections afforded by existing Constitutional and legislative protections. This paper also considers how proposed privacy protections — including consent and procedural due process guarantees — might apply to the deployment of biometric technology.
Lisa S. Nelson
Chapter 10. Finding Waldo
Face recognition software and concerns regarding anonymity and public political speech
Abstract
Should public surveillance cameras equipped with face-recognition software be used to “search” public political rallies? Using established First and Fourth Amendment law, this paper argues that people participating in public political speech should retain their anonymity with respect to the state.
John A. Stefani

Privacy Implications of Data Mining and Targeted Marketing

Chapter 11. Data Mining and Privacy: An Overview
Abstract
The availability of powerful tools to analyze the increasing amounts of personal data has raised many privacy concerns. In this article, we provide an overview of data mining, aimed at a non-technical audience primarily interested in the social and legal aspects of data mining applications.
Christopher W. Clifton, Deirdre K. Mulligan, Raghu Ramakrishnan
Chapter 12. Online Privacy, Tailoring, and Persuasion
Abstract
This chapter tackles a somewhat neglected realm of the information privacy discourse, by directly examining the specific detriments arising from the systematic uses of personal information collected online. The chapter begins by drawing out the flow of personal information in today’s digital environment, while emphasizing the collection, storage, analysis and subsequent uses of such data. The chapter then focuses on a specific use stemming from the information flow — the ability of online content providers to tailor advertisements and marketing materials for every user. The chapter argues that these forms of advertising are more effective than those practiced in other media, and at times might prove to be unfair and manipulative. Therefore, the chapter states that at times regulatory steps must be taken to mitigate these concerns. Finally, the chapter mentions a recent incident in which the tailoring of advertisements on the basis of personal information has caused a somewhat surprising public outcry, and compares these events with the dynamics addressed above.
Tal Z. Zarsky
Chapter 13. Data Mining and Attention Consumption
Abstract
This Essay challenges the prevailing hostility towards data mining and direct marketing. The Essay starts by defining data mining and shows that the only important step is how data is used, not its aggregation or sorting. The Essay then discusses one particular type of data use, the sending of direct marketing. The Essay establishes a model for calculating the private utility experienced by a direct marketing recipient. The model posits that utility is a function of the message’s substantive content, the degree of attention consumed, and the recipient’s reaction to receiving the message. The Essay concludes with some policy recommendations intended to help conserve recipients’ attention while preserving space for direct marketing tailored to minority interests.
Eric Goldman
Chapter 14. Is Privacy Regulation the Environmental Law of the Information Age?
Abstract
This chapter argues that information-based businesses injure personal privacy in much the same way that smokestack industries damage the environment, and that this analogy can teach us something about how to preserve privacy better in the information age. The chapter shows that two of the principal constructs that have been used to understand environmental damage — the negative externality, and the tragedy of the commons — apply equally well to privacy injuries. Thus, a common conceptual structure can be used to understand both environmental damage and privacy injuries. Can environmental law and policy serve as a model for the nascent field of privacy protection? The chapter examines the evolution of environmental regulation from first generation, “command-and-control” methods to more flexible, second generation strategies. It argues that first generation approaches, while appropriate for addressing some social ills, are not a good fit for the regulation of fast-changing information businesses. Second generation strategies, which demand meaningful results while also providing flexibility and reducing regulatory costs, will work better in the privacy context. The chapter concludes that environmental covenants and environmental management systems can be adapted to protect personal information. An emission fee approach can be used to combat spam effectively.
Dennis D. Hirsch
Chapter 15. Document Sanitization in the Age of Data Mining
Abstract
The volume of data collected about people and their activities has increased over the years, especially with the widespread use of the internet. Data collection efforts coupled with powerful querying and data mining tools have raised concerns among people regarding their privacy. Recently the issue of privacy has been investigated in the context of databases and data mining to develop privacy preserving technologies. In this work, we concentrate on textual data and discuss methods for preserving privacy in text documents.
Dilek Hakkani-Tür, Gokhan Tur, Yücel Saygin, Min Tang

Implications of Technology for Anonymity and Identification

Chapter 16. Nymity, P2P & Isps
Lessons from BMG Canada Inc. v. John Doe
Abstract
This chapter provides an exploration of the reasons why a Canadian Federal Court refused to compel five Internet service providers to disclose the identities of twenty nine ISP subscribers alleged to have been engaged in P2P file-sharing. The authors argue that there are important lessons to be learned from the decision, particularly in the area of online privacy, including the possibility that the decision may lead to powerful though unintended consequences. At the intersection of digital copyright enforcement and privacy, the Court’s decision could have the ironic effect of encouraging more powerful private-sector surveillance of our online activities, which would likely result in a technological backlash by some to ensure that Internet users have even more impenetrable anonymous places to roam. Consequently, the authors encourage the Court to further develop its analysis of how, when and why the compelled disclosure of identity by third party intermediaries should be ordered by including as an element in the analysis a broader-based public interest in privacy.
Ian Kerr, Alex Cameron
Chapter 17. Fourth Amendment Limits on National Identity Cards
Abstract
In the past three years there have been serious calls for a national identity system whose centerpiece would be some form of national identity card. This chapter analyzes the Fourth Amendment issues raised by two major features of any likely national identity system: requests or demands that individuals present their identity cards; and governmental collection, retention, and use of personal information to be used in identity checks. These issues are evaluated in several different contexts in which they might plausibly arise. The chapter concludes that, while the Fourth Amendment might bar certain practices and block others depending on their purposes, it would be possible to have a constitutional national identity card system of a fairly comprehensive type. Even where an identity system would not strictly run afoul of the Fourth Amendment, however, an analysis of the interests that the Amendment is designed to protect provides an insight into the price in privacy and liberty a national identity system would exact. The chapter also indicates how these effects might be mitigated somewhat in the system’s design. This chapter thus aims to illuminate not only what kind of national identity system the U.S. lawfully could have, but how it might be devised, and, implicitly, whether we want to have one at all.
Daniel J. Steinbock
Chapter 18. Privacy Issues in an Electronic Voting Machine
Abstract
The Open Voting Consortium has a developed a prototype voting system that includes an open source, PC-based voting machine that prints an accessible, voter-verified paper ballot along with an electronic audit trail. This system was designed for reliability, security, privacy, accessibility and auditability. This paper describes some of the privacy considerations for the system.
Arthur M. Keller, David Mertz, Joseph Lorenzo Hall, Arnold Urken
Chapter 19. Hidden-Web Privacy Preservation Surfing (Hi-Wepps) Model
Abstract
A new model for privacy preservation named Hidden-web Privacy Preservation Surfing (Hi-WePPS) is proposed. A hidden-web site often requires a subscription in order to access information stored in the site’s database. The basic assumption motivating this proposal was that such websites cannot be trusted to preserve their surfers’ privacy since site owners know the identities of their users and can monitor their activities. The new privacy preservation model includes an agent installed in the user computer and generates “intelligent” noise when a user accesses a hidden-web site in order to conceal the user’s interests (profile). The noise is generated by submitting fake requests providing wrong data to the automatic programs collecting data about the users. A prototype of Hi-WePPS is being developed for preserving a surfer’s privacy while accessing the U.S. patent office site (www.uspto.gov). This prototype enables industrial companies to search for patents without exposing their interests to any eavesdroppers on the path between their computers and the site, or to the patent site itself.
Yuval Elovici, Bracha Shapira, Yael Spanglet
Chapter 20. Global Disclosure Risk for Microdata with Continuous Attributes
Abstract
In this paper, we introduce three global disclosure risk measures (minimal, maximal and weighted) for microdata with continuous attributes. We classify the attributes of a given set of microdata in two different ways: based on its potential identification utility and based on the order relation that exists in its domain of value. We define inversion factors that allow data users to quantify the magnitude of masking modification incurred for values of a key attribute. We create vicinity sets from microdata for each record based on distance functions or interval vicinity for each key attribute value. The disclosure risk measures are based on inversion factors and the vicinity sets’ cardinality computed for both initial and masked microdata.
Traian Marius Truta, Farshad Fotouhi, Daniel Barth-Jones
Backmatter
Metadaten
Titel
Privacy and Technologies of Identity
herausgegeben von
Katherine J. Strandburg
Daniela Stan Raicu
Copyright-Jahr
2006
Verlag
Springer US
Electronic ISBN
978-0-387-28222-0
Print ISBN
978-0-387-26050-1
DOI
https://doi.org/10.1007/0-387-28222-X

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