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Deontological theories
an approach to Ethics that focuses on the rightness or wrongness of actions themselves, as opposed to the rightness or wrongness of the consequences of those actions
Personal information
any information relating to an individual person.
Informed consent
users being aware of what information is collected and how it is used.
Invisible information gathering
collection of personal information about a user without the user's knowledge.
Cookies
Files a Web site stores on a visitor's computer.
Secondary use
Use of personal information for a purpose other than the purpose for which it was provided.
Data mining
Searching and analyzing masses of data to find patterns and develop new information or knowledge.
Computer matching
Combining and comparing information from different databases (using social security number, for example) to match records.
Computer profiling
Analyzing data to determine characteristics of people most likely to engage in a certain behavior.
opt out
Person must request (usually by checking a box) that an organization not use information.
opt in
The collector of the information may use information only if person explicitly permits use (usually by checking a box).
4th Amendment
Sets limits on government's rights to search our homes and businesses and seize documents and other personal effects. Requires government provide probable cause.
Government Accountability Office
monitors government's privacy policies
Public Records
- records available to general public
EU Data Privacy Directive
Prohibits transfer of personal information to countries outside the EU that do not have an adequate system of privacy protection.
"Safe Harbor" plan
Abuses still occur
Puts requirements on businesses outside the EU
The Communications Assistance for Law Enforcement Act (CALEA)
Passed in 1994
Requires telecommunications equipment be designed to ensure that the government can intercept telephone calls (with a court order or other authorization).
Rules and requirements written by Federal Communications Commission (FCC)
1st Amendment
freedom of press, religion, speech, right to assemble, and right to petition the government
Telecommunication Act of 1996
Changed regulatory structure and removed artificial legal divisions of service areas and restrictions on services that telephone companies can provide.
Communications Decency Act of 1996
First major Internet censorship law
Main parts ruled unconstitutional
Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act)
Targets commercial spam
Criticized for not banning all spam, legitimized commercial spam
Net Neutrality
Refers to a variety of proposals for restrictions on how telephone and cable companies interact with their broadband customers and set fees for services.
Argue for equal treatment of all customers
Intellectual Property
a work or invention that is the result of creativity, such as a manuscript or a design, to which one has rights and for which one may apply for a patent, copyright, trademark
Copyright
exclusive rights:
To make copies
To produce derivative works, such as translations into other languages or movies based on books
To distribute copies
To perform the work in public (e.g. music, plays)
To display the work in public (e.g. artwork, movies, computer games, video on a Web site)
Fair Use Doctrine
Purpose and nature of use - commercial (less likely) or nonprofit purposes
Nature of the copyrighted work
Amount and significance of portion used
Effect of use on potential market or value of the copyright work (will it reduce sales of work?)
Sony v. Universal City Studios (1984)
Supreme Court decided that the makers of a device with legitimate uses should not be penalized because some people may use it to infringe on copyright
Supreme Court decided copying movies for later viewing was fair use
MGM v. Grokster
Grokster, Gnutella, Morpheus, Kazaa, and others provided peer-to-peer (P2P) file sharing services
The companies did not provide a central service or lists of songs
P2P file transfer programs have legitimate uses
Lower Courts ruled that P2P does have legitimate uses
Supreme Court ruled that intellectual property owners could sue the companies for encouraging copyright infringement
DRM - Digital Rights Management
Collection of techniques that control uses of intellectual property in digital formats
Includes hardware and software schemes using encryption
The producer of a file has flexibility to specify what a user may do with it
Hacking
Intentional, unauthorized access to computer systems
Computer Fraud and Abuse Act (CFAA)
Covers government computers, financial and medical systems, and activities that involve computers in more than one state, including computers connected to the Internet
Under CFAA, it is illegal to access a computer without authorization
The USA PATRIOT Act expanded the definition of loss to include the cost of responding to an attack, assessing damage and restoring systems
Electronic Communications Privacy Act
prohibits interception of email and reading stored email without a court order, but makes an exception for business systems
National Labor Relation Board
sets rules and decides cases about worker-employer relations.
Redundancy
Multiple computers capable of same task; if one fails, another can do the job.
beta test
a trial of machinery, software, or other products, in the final stages of its development, carried out by a party unconnected with its development.
