Reflection Tag: My research essay is about privacy in the technology era. It is a definitional research paper and I spend a majority of the paper trying to show the different types of things that all fall under the category of privacy. Ultimately in my paper my opinion is that we need to protect our privacy a lot closer and there needs to be a clear definition made of what is privacy.
Download Link: ERH102-06WhatisPrivacy?
Olivia-Aman Cotton
ERH-102-06
Mrs. Smith
Help Received: The Writing Center
What is Privacy?
Imagine a restroom in a building that has no walls and no doors. It then just becomes a corner in a room with toilets, completely exposed. The advancement of technology is a big, exposed bathroom when it comes to privacy. Everyone wants privacy, however, without doors, walls and already provided protection no one knows how to get privacy. At the same time if you have to go to the bathroom you have to use the toilet and leave yourself unprotected. Most people use social media and technology that they are aware leave them unprotected, but they make the conscious decision to sacrifice their privacy. On the other hand, there are a lot of privacy concerns that take place behind the scenes that many people do not understand. In order to understand what privacy people are entitled to, there needs to be a broader understanding of what privacy is and what falls under the category of privacy. Privacy needs to be protected because it is a right granted in the amendments to the constitution and information that falls into the wrong hands can be dangerous.
Currently, the laws and regulations do not correspond to the advancement in technology. Many reforms are in the process of being voted on, however, legislation is having trouble defining privacy and what rights to privacy need to be protected. A commonly accepted definition of privacy was created by Justice Brandeis in the Olmstead v. United States case, who states that “‘ Privacy is the right to be left alone – the most comprehensive of rights most valued by free people” (Cady 9). In the Harvard Law Review Brandeis further defines privacy as the “’right to enjoy life – the right to be let alone; the right to liberty [that] secures the exercise of extensive civil privileges: [where] the term ‘property’ has grown to comprise every possession –intangible, as well as tangible‘” (Cady 9). Although this definition was written in 1928 and 1890 it still can be applied to todays society. It is a very general definition, but can apply to everything digital, you should be able to use the device without feeling that your rights are being infringed on and without feeling you are not being left alone. When it comes to the Internet and technology people should have the right to use their technology without having to fear that they are being tracked, spied on, or their data/metadata is being used to compromise their privacy.
Among different age groups there have been differences found in attitudes relating to privacy. A study was done in The Netherlands by Tilburg University that found that “adolescents are less concerned about their privacy than young adults and adults. However, all three age categories reported that privacy was a lesser concern than both freedom and security” (Steijn 299). There is no exact science that can determine why these age groups have different feelings, but as you get older you have more valuable information. In the adolescent age using social media and technology seems harmless. As someone gets older and acquires credit cards, a social security number, and more personal information is being asked for in order to have full access to websites you realize that this information could be used in extremely harmful ways. Part of this is just experience, someone might have experience being hacked online, identity theft, or someone trying to steal their credit information. Witnessing or involvement in these events is going to make someone more cautious and they will begin to understand reliable websites from risk factors. In an interview done with another cadet Jameson Donahue, he states that, “there is no real privacy when it comes to technology. There is always a way for someone to figure who is posting what, so you should always be careful what you are posting” (Donahue). This is an example of a young adult accepting that there is very little privacy when it comes to technology, at the same time they are all still willing to use the technology but they just tell themselves to be careful. Donahue also, states that “[he] believes if someone is using a website where they believe it is private then it should be private. So companies should ensure their clients privacy as long as it does not endanger others” (Donahue). This is an interesting point that Donahue brings up, the difference between what privacy people are getting versus the reality. “In a study done with 60 online social networks (OSNs) it was found that many people acknowledge they are giving up some privacy and forty-five percent do not even take the time to read the privacy policy” (Kuzma 74). According to the study almost half of the users of OSN are not even aware of sites privacy policies. Users information could be shared with third parties or there could be very little policies protecting someone from harmful material, or exposure. Users of the internet and technology need to be aware of how important it is to read the privacy and policy agreements to know how much they are sacrificing by using the website or device.
As it relates to privacy versus security, I think many people do not realize what is the balance between the two. As technology advances so does the ability to keep tabs on people. After the 9/11 attack, the United States passed the Patriot Act, which increased security in the United States and made it legal for the government to do wiretaps, searches business records, and get access to phone record information without a court order if they believed the person was deemed to be a threat. Eventually, President Obama expanded the Patriot Act to include metadata under section 215 of the Patriot Act. Metadata for those that do not know is, “data about data. It is descriptive information about a particular data set, object, or resource, including how it is formatted, and when and by whom it was collected” (What is metadata?). According to the Harvard Law Review “Congress intended there to be a broad standard in section 215”, but at the same time it also “[acknowledges] that the metadata program is more expansive than existing precedent has permitted“ (National Security 1874). Many people believe that metadata is harmless, but in the hands of the right person it is extremely dangerous. Metadata can track what websites you visit, what you are buying, where you are location wise. Although the government can use this to closely track people and eliminate threats, it can also be used to interfere with people’s lives. Cookies is an example of metadata that affects everyone. “Cookies is a data collecting mechanism that is constantly tracking the number of times someone visits a website, what websites they are visiting, noting any patterns, and recording what they are buying. This information then can be sent to third parties where they can gain access of your information and it can be used for targeted advertisement or the information could just be shared” (Kuzma 76). Targeted advertisements seem harmless, but if someone knows how they could develop software that is tracking credit cards or social security numbers and this runs into a much bigger issue. Recently there was a breech in the IRS. A cyber attack occurred where many people’s information was obtained. The IRS, who has stronger protection than these OSNs, is not immune so OSN’s with weak privacy policies are definitely not immune.
People are free to say whatever they want on social media and use technology as they please. That is one of the benefits of social media and technology. It is often an outlet for people to be creative, express their feelings, have fun, or communicate. The only catch us it cannot be harmful, or hurt to anyone else. There are some steps towards protection of privacy that have been taken. A very interesting aspect of privacy mentioned by Richards in Compulsory Process in Cyberspace: Rethinking Privacy in the Social Networking Age is that people’s privacy in terms of the first amendment and freedom of speech needs to be protected. The article gave two examples that stood out. The first was someone had posted a twitter post that the police considered a direct threat towards them when they subpoena twitter, twitter reviewed the tweet and then denied the police the twitter account because they believed it went against their privacy policy and the tweet was not a direct threat towards the government, police, or anyone, but an act of free speech. The second situation was the case with Zimmerman and Trayvon Martin. They tried to use his twitter account to prove that he was capable of putting the officer in harms way based on previous actions or words. Trayvon Martin who no longer could defend himself in court or explain himself was going to be defamed by the government based off of his social media profile. By many this was considered a violation of his privacy, even after death. And there actually laws that protect people’s privacy after death.
An aspect of privacy that many people neglect to think about it is the self right to privacy. In order to prevent self-inflicted harm the unwritten rule on OSN is: do not post anything that you would not want your mom to see. “Many people are not aware of the digital footprint we leave and once something is posted online it can never truly be erased. Once it is posted a user loses a large portion of control of what happens to it. The posting is then shared with not just your friends, but your friend’s followers as well” (YÜKSEL 768). Someone can screenshot the posting and send it to whomever they like. In extreme cases someone will steal someone’s pictures and identity to catfish someone else, which is identity theft and a huge invasion of privacy. “People seeing information that you did not intend for them to see, because a user thought it was a private or secure conversation, or website can potentially ruin someone’s reputation” (YÜKSEL 768). Depending on the degree that someone’s reputation is harmed and if it was self-inflicted or the results of cyber bullying, harassment, or weak privacy policies it can be considered defamation of character and the matter could be taken to court. “Unless it is a case of self-exposure anytime that someone else posts an unauthorized picture, video, or word posting about you that is harmful is considered a violation of privacy and can be evaluated legally” (Greenberg 696). However, in most cases it is not taken to court or legal matters because, “people follow an unspoken code of managing privacy. If you don’t want to be associated with something you can un-tag yourself, remove a post from your page, un-follow, or block someone. And there are settings as a user that can be set that can limit who can see posts and if one’s profile is public or private” (Greenberg 694). It is important to use proper digital etiquette when using the Internet in order to keep social media and online friendly and keep everyone’s business as private as they want it to be kept. Also, because privacy is not guaranteed when it comes to anything posted online or done with technology it is important to be cautious with everything that is done.
With the job market so tight, it allows for employers to be extremely selective with whom they employ and social media is starting to play a key factor in their decisions. As an employee, you are a reflection of your company and so it is fair that they would want to see what there employees are doing and that they are an asset to their company versus harming their image. However, when employees have privacy settings that do not allow their employers too see everything employers are digging deeper. They are requesting username and passwords, friend requesting, or finding another way to view more information. Because this is a new issue, there are no laws or regulations against it: however, it raises a giant red flag of protecting employee’s right to privacy (Baumhart). To many this is a very clear invasion of privacy, however, the companies can get away with because of the pressure of finding a job. This places a lot of pressure on employees because they are being forced to give up their right to privacy, if they want a job. Although someone’s online profile is not a direct reflection of their ability to do a job, employers should only have access to what anyone in the public has access to.
Privacy is a very complicated topic, especially when discussing social networks and technologies. Part of the reason why it is so difficult is because there is not clear definition of what privacy is in relation to digital technologies and OSNs. Very simply put though privacy should allow you to live your life without fear and without being bothered. Because privacy is not the top concern, but safety and freedom that probably contributes to why there are no laws and regulations set in stone about privacy. Just to reiterate as technology advances so does the need for privacy. Currently there are few laws that protect privacy, but more that grant the government a way to invade privacy. The Patriot Act and the addition of metadata to section 215 is a huge matter of legislation that needs to be revised. Metadata if in the wrong hands can be extremely dangerous and harmful. Other aspects of privacy also include the right to freedom of speech and a networks responsibility to protect that, the right to privacy after death, the right to privacy from harmful and hurtful material, and the right to the privacy of your username and password. These are all different aspects of privacy that help to outline the need for more laws and regulations and a clear definition of privacy.
Works Cited
Baumhart, Peter B. “Social Media and the Job Market: How to Reconcile Applicant Privacy with Employer Needs.” University of Michigan Journal of Law Reform 48.2 (2015): 503-33. Academic Search Complete. Web. 28 Feb. 2016.
Cady, Glee H, and Pat McGregor. Protect Your Digital Privacy!: Survival Skills for the Information Age. Indianapolis, Ind.: Que, 2002. Internet resource.
Donahue, Jameson. Personal Interview. 10 April 2016.
Greenberg, Joshua M. “The Privacy-proof Plaintiff: But First, Let Me Share Your #selfie.” Journal of Law & Policy 23.2 (2015): 689-740. Academic Search Complete. Web. 28 Feb. 2016.
Kuzma, Joanne. “Empirical Study of Privacy Issues among Social Networking Sites.” Journal of International Commercial Law & Technology 6.2 (2011): 74-85. Academic Search Complete. Web. 28 Feb. 2016.
“National Security — Telephony Metadata Collection — White Paper Argues Metadata Collection Is Legal under the Usa Patriot Act.” Harvard Law Review 127.6 (2014): 1871-878. Academic Search Complete. Web. 12 Apr. 2016.
Richards, Robert D. “Compulsory Process in Cyberspace: Rethinking Privacy in the Social Networking Age.” Harvard Journal of Law & Public Policy 36.2 (2013): 519-48. Academic Search Complete. Web. 29 Feb. 2016.
Steijn, Wouter M. P., and Anton Vedder. “Privacy Concerns, Dead or Misunderstood? The Perceptions of Privacy amongst the Young and Old.” Information Polity: The International Journal of Government & Democracy in the Information Age 20.4 (2015): 299-311. Academic Search Complete. Web. 12 Apr. 2016.
“What Is Metadata?” Indiana University: Knowledge Base. 24 Aug. 2014. Web. 10 Apr. 2016.
YÜKSEL, Mehmet Erkan, Asİm Sinan YÜKSEL, and Abdül Halim ZAİM. “A Reputation-based Privacy Management System for Social Networking Sites.” Turkish Journal of Electrical Engineering & Computer Sciences 21.3 (2013): 766-84. Academic Search Complete. Web. 28 Feb. 2016.