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Computers and Electronic Privacy
Term Paper ID:34137
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Essay Subject:
Investigates issues associated with privacy and computers, including medical information and the Internet.... More...
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11 Pages / 2475 Words
15 sources, 20 Citations,
APA Format
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Paper Abstract: Investigates issues associated with privacy and computers, including medical information and the Internet. Considers the key areas of electronic privacy. Electronic monitoring in the workplace. Medical database privacy restrictions. Legal problems associated with electronic privacy.
Paper Introduction: Computers and Electronic Privacy Introduction According to mythology Prometheus stole fire from the gods and gaveit to mankind This was both a boon and a curse for mortal man On theone hand fire served as the foundation for civilization on the other fire easily destroyed what man had built Left unchecked fire wouldinjure-or kill-those who sought to control it According to Sara Baase inA Gift of Fire computers are similar to fire in that they are both a boonand a curse They
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Many Web sites rely on visitors to indicate their age, andthere is no certain way to ensure that children do not simply lie abouttheir age. M., & Feeley, S. Suits have recently been filed against eBayand Amazon.com charging that the summary statement misleads consumers andprovides a false sense of security to Internet shoppers (Sullivan, 2 3). Thus it is legal for public health officialsto collect information that can clearly be traced to individuals withoutthe consent or even knowledge of the individuals involved (Mitchell, 2 2). Defense Counsel Journal, 67(1), pp. & Higgins, M. If the state can collect informationthat can be traced to them and then release that information, patients mayrefrain from seeking appropriate medical care, or may lie about theirconditions to physicians. eBay, Amazon privacy policies under fire. When employers monitor employees, they run the risk ofreducing, rather than enhancing, productivity. The companyoriginally tracked information obtained through cookies anonymously, butthat changed when it acquired Abacus Direct Corporation in 1999. Electronic Monitoring in the Workplace Monitoring employee activity in the workplace has taken place for aslong as there have been employee-employer relationships. Although afederal medical privacy rule exists as part of the Health InsurancePortability and Accountability Act of 1996, the federal rule does not applyto public health officials. The latest tools for preventing identity theft. Identity theft is another problem that is associated with electronicprivacy. Most online retailers provide some type of privacy statement. Sharing information between government agencies and businessinstitutions is not new, however. Computers and Electronic Privacy Introduction According to mythology, Prometheus stole fire from the gods and gaveit to mankind. (2 3, January). The advent of computers has made electronic monitoring far moreintrusive than just requiring that employees pay for their use of companyresources. 26-29. Using data miningtechniques that are only likely to grow in sophistication, it is possiblethat companies can merge their data across multiple organizations to referbuying habits, spending patterns, and possible health problems--forexample, a young person who purchases tobacco or Prozac might be "tagged"in such a database. In late 2 2, Microsoft estimated that it has more than 2 million Passport users worldwide (Smith, 2 2). Financialinstitutions also report interest payments to the Internal Revenue Serviceon Form 1 99, and in most cases, consumers do not recognize that suchreporting takes place electronically, or that it may be vulnerable tohackers (Laffie, 2 1). If a consumer ordered a large amount of beer over theInternet using a home shopping site, that information might be passed toanother agency that would determine that the user was an alcoholic (Carr,2 2). Knopf.Borsook, P. First, as consumers becomemore aware of the situation, they may well filter the information that theygive to their healthcare provider. Information Today, pp. Today, it is difficult to live life in the United States-indeed, in the developed world-without interacting at some point withcomputers on a daily basis. (2 1, May). Abacusused information from direct marketers and catalog companies to create acentralized database; ostensibly, this allowed it member companies totarget marketing materials more accurately to consumers. However, the fines of $1 , and $85, ,respectively, are not likely to deter companies from violating thisregulation. Constitutional Ramifications of Electronic Privacy Constitutional questions surrounding electronic privacy are based ontwo amendments contained in the Bill of Rights. E-filing security. A. (2 2, June). Retrieved 5 March 2 4 from http://ftc.gov/opa/2 3/ 2/hersheyfield.htmLaffie, L. Privacy statements are as much a marketingtool as they are a legal document, and many privacy statements containlanguage suggesting that consumers must give permission for their data tobe revealed to third parties, or the statements might contain instructionsfor customers to "opt out" of having their data revealed to third parties.Problems arise, however, when the summary privacy statement--which istypically easily found on a company's Web site--does not match the detailedprivacy policy of the company. This is a disadvantage for companies as well as employeessince neither can refer to a single standard by which the intrusiveness ofthe monitoring can be assessed (Adams, Scheuing & Feeley, 2 ). The Children's Online Privacy Protection Rule took effect in April2 and requires that Web sites collecting personal information fromchildren younger than age 13 follow guidelines regarding what types ofinformation can be collected and when verifiable consent must be soughtfrom a parent. United Press International, p. 1 8335w457.Pike, G. South Florida Sun-Sentinel.Kost, B. Underthe system, limited information about passengers is collected and collatedthrough a combination of different databases. While the government, business and healthcareindustries have touted the benefits of being able to combine multipledatabases and provide better service to customers and stakeholders,concerns have arisen that such access violates privacy and may even raiseconstitutional issues. F (2 2, November 1). The right to privacy hasbeen rendered endangered as a result of this surge in technology, andincreased vigilance is necessary. Aside from the immediate privacy issues that this raises,critics of this strategy argue that law enforcement could easily gainaccess to this information and use it as a law enforcement tool that hasnothing to do with the security of airlines (Kaye, 2 3). This research considers key areas of electronicprivacy, including medical databases and Internet issues. The First Amendmentprovides the right to free speech, and the Fourth Amendment protectsindividuals from unreasonable search and seizure. This can result in private information--including names andaddresses--being entered into cyberspace and stored on computers where itis subject to security breaches, or to resale by companies. Financial institutions can also requestcopies of an individual's tax returns as a prerequisite for approvingloans, although such requests currently require the loan applicant'sapproval. Retrieved 3 May 2 3 from http://pcworld.com/news/article/ ,aid,11 376, .aspTraczek, C. There is no specific"right to privacy" granted by the Constitution, but broad judicialinterpretations of the First, Fourth and Fifth Amendments have led to a defacto right to privacy, with particular emphasis given to the FourthAmendment's prohibition of unreasonable search and seizure (Alderman &Kennedy, 1995). Another disadvantage of marketing to young people on the Internet isthe potential to build extensive databases containing information about thelifelong purchases of today's young consumers. Many employees do not understand the full extent to which theiremployers may monitor their e-mail communication, and when employees dolearn about e-mail surveillance, research has shown that physical as wellas emotional problems can result. Future of aviation security may rely on database networks as much as screening. Thus an e-mail sent to a corporate attorney discussing aharassment suit would be filtered by the software (Adams, Scheuing &Feeley, 2 ). Credit histories are a partof the databases, but credit histories often contain errors, and thoseerrors are often unknown to the people being profiled. In either case, public health is compromised.In addition, once information is made available to the state, there areslight limitations on how public health officials can disseminate thatinformation. (2 2, December). Knowledge Management Magazine. The Tax Adviser, 32(5), p. On Managed Care, 7(6), pp. Monitoring of e-mail may be the most common type of electronicmonitoring that goes on in the workplace. On theone hand, fire served as the foundation for civilization; on the other,fire easily destroyed what man had built. In addition,passengers can currently circumvent this system by paying cash, with theresult that airline security is not necessarily improved while electronicprivacy is certainly compromised (Kaye, 2 3). However, online shopping isalso associated with questions fraud and electronic privacy, and causesconcern because of the financial consequences associated with the issue. B to B, 88(2), p. It is the right to privacy, and the right of individuals to controlhow information about them is used, that provides the basis forconstitutional objections to electronic monitoring and electronic privacy.When a consumer conducts a transaction at a library or bookstore, and thattransaction can be reported to the government in the name of nationalsecurity regardless of whether any other evidence is present, as thePatriot Act allows, privacy rights are violated. There is concern byprivacy advocates that Microsoft has proved itself unable to controlprivacy of consumers, and that having this much information in a singledatabase compromises individuals' rights to privacy. (2 , January). Internet Privacy & Cookies Controversy arose with regard to Internet "cookies" when DoubleClickwas identified in 2 as being able to link an individual's Web surfinghistory to a name, mailing address and shopping habits. Young people, it is suggested, do not analyze thesources of information as much or as well as their elders, and thus can beswayed by highly sophisticated marketing techniques. Manystatements are long, and appear in small print, and many appear to besimilar in their wording and particulars. Again, the stated goal was the more effective targeting ofmarketing material, but privacy advocates were concerned that having asingle database containing such information could easily lead to abusethrough distribution to third parties. Thus data can be made available to pharmaceutical companieswho might target certain patients with marketing materials, or insurancecompanies might seek access to the information in order to deny somepatients coverage and reduce their costs. 32- 48.Alderman, E., & Kennedy, C. The potential that this data will be abused in the future isconsidered by some to be significant (Borsook, 1999). More recently, Abacus has focusedon co-operative mailing lists, which are less intrusive but which stilltrade in individuals' personal data (Krol, 2 3). However, the limited information being collected by Delta Airlinespales in comparison to the information that some in the governmenteventually want to collect, including combining purchase histories with Webactivities as well as credit histories. A Tangled web. At this point,legislation regarding e-mail privacy and monitoring has not beenforthcoming, so employees subject to this type of monitoring must rely onthe highly subjective area of statutory law and case law to provideprotection. Washington, DC: Federal Trade Commission. Wall Street Journal, p. Analysis: Ruling may hurt medical privacy. While this ruling only affected Minnesota, ithas possible far-reaching consequences for the rest of the country if otherstates are successful at obtaining the same type of ruling. Legal Problems Associated with Electronic Privacy in General Legal problems associated with electronic privacy come largely fromthe way in which data is used. According to this line ofreasoning, young consumers lack the sophistication to recognize whenadvertising is disguised as information, and that line becomes even moreblurred on the Internet. The Use and abuses of customer profiling. Some companiesallow employees to use telephones to make long distance phone calls, forexample, only if the employees pay for the calls, and use the telephonebills as a way to collect from the employee (Adams, Scheuing & Feeley,2 ). Some libraries haveresponded by ceasing to keep data on file, and some bookstores haveindicated that they will challenge requests for customer information.However, other companies regularly collect data and make it available tothe government and others, including institutions for whom the data was notoriginally intended (Pike, 2 2) Internet Privacy & Marketing to Young People There is a school of thought that holds that young people areparticularly vulnerable to marketing campaigns. Failure to comply with this measure can result in financialpenalties, such as those paid by Mrs. Field's Cookies and Hershey Foods("FTC Receives," 2 3). This was both a boon and a curse for mortal man. 293.Kaye, K. Since debit cards can be used for purchases on theInternet and many minors have their own cards, transactions can be trackedand identified with a young person and then stored and analyzed over theirlifetime. Computerworld. (2 3, March 16). 2 .Mitchell, S. Privacy Problems Involving the Government, Corporations and Business Institutions In early 2 3, the government announced Computer Aided PassengerPrescreening which is in use by Delta Airlines at three airports. History repeated with the USA Patriot Act. (1999, November). Passportpromises to make Web surfing easy by providing a single sign-in service--inthis way, users do not have to enter personal information such as theirname and e-mail accounts at member sites, but instead, enter their Passportinformation. The Right to Privacy. Since individuals do not necessarily know who has access tosensitive data about themselves, it can be difficult for them to protectthemselves against identity theft. As increasingly larger numbers ofcompanies and agencies have access to confidential data, and since socialsecurity numbers are used for identification in areas from healthcarerecords to bank accounts, identity theft using computers and violatingprivacy is becoming increasingly common (Simon & Higgins, 2 2). 19-21.Simon, R. Data mining techniques, which allowcomputer programs to put together disparate pieces of data in order toidentify a pattern, can be used to put together information from a widevariety of sources and identify possible--or false--patterns about aparticular individual. (2 2, November 27). E-mail monitoring in the workplace. Microsoft has incurred particular scrutiny with regard to Internetprivacy and shopping through its Internet Passport product. So long as these companies candemonstrate that access to the database represents a public health issue,they may well gain access to private information (Kost, 2 2). When thatcapability was combined with DirectClick's capabilities, however, it becamepossible for the company to merge purchase history with online surfinghistory. Retrieved 3 May 2 3 from http://www.destinationkm.com/articles/default. Thus Internetmarketing directed at young people is thought to be particularly powerful.The State of New York sought to limit cigarette sales on the Internet byarguing that such sales targeted young people (Traczek, 2 3). Microsoft and the European Union face off over Internet privacy concerns. New York: Alfred A. D1.Smith, S. An administrativelaw judge upheld the policy. 7-8.Krol, C. H. Why are we going backward with privacy of medical records? S. They have permeated our lives far more quickly than mosttechnologies. Some companies have installedsoftware that prohibits employees from including language that can beconstrued as sexually harassing, but this software does not take contextinto account. National Petroleum News, 95(1), pp. In this way, someone who purchaseda gun or a book about terrorism might be identified as a high security riskat the airport. Left unchecked, fire wouldinjure-or kill-those who sought to control it. Financial institutions have long beenrequired to report transactions in excess of $1 , as a weapon in the waragainst drugs and organized crime. There is also theissue of deceptive advertising, since some maintain that the invitations toenroll in Passport make it sound as though enrollment is required tocontinue with other transactions, including the installation of Windows XP(Smith, 2 2). There are several disadvantages with this. Since many companies will not process a loan without suchapproval, however, there is the suggestion of coercion. Cooperative databases gain favor with direct marketers. The company also admitted that security issues werea concern, as well. Governmentagencies, private companies and employers all have the ability to monitorpreviously confidential data, and to share that data without theindividual's knowledge. Not only are the ubiquitous in the workplaceand increasingly common throughout most of our homes, but they are alsooperating behind the scenes where many of us do not expect to find them.They are in thermostats, microwave ovens, and even in most automobiles.They track our purchases in stores, and with computers, it is possible toshop, buy, pay for and view or listen to music, books or movies on adesktop computer. ReferencesAdams, H., Scheuing, S. Internet Privacy & Online Shopping Online shopping is a convenient way to compare prices quickly frommany different retailers, and provides access to far more items thanconsumers could find in traditional outlets. (1995). However, Passport tracks passwords and purchasing information--including phone and credit card numbers--in addition to Web history.Passport users are automatically registered for Passport when they open aMicrosoft hotmail e-mail account--which is free--and Windows XP users areinvited to register for Passport when they set up their Internetconnection. As an example, Whirlpool recently withdrewintroduction of a refrigerator that would allow users to surf the Web.Whirlpool cited the fact that broadband Internet access is still not widelyavailable, and that energy costs of the new appliance would be higher thancustomers would want. Conclusion Electronic information has made collecting and collating informationabout individuals much easier than at any previous time. When data threatens privacy. (2 2, December 4). Computers are also increasingly interconnected, so thatinformation obtained for one purpose can be effortlessly andinstantaneously sent to a different computer where it might be used for anentirely different purpose. (2 2, August 21). Medical data that has long been held to be confidentialcan be shared across computers without the patient being made aware thatthis transfer is taking place, and without protecting the privacy of thepatients involved. (2 3, April 22). Duke Law & Technology Review, Rev. 14, Retrieved 3 May 2 3 from http://www.law.duke.edu/journals/dltr/articles/2 2dltr 14.html.Sullivan, B. (2 3, February 1 ). MeDical Database Privacy Restrictions In December 2 2, the Minnesota Health Department implemented a policythat patient-identifiable medical information from physicians and insurancecompanies could be collected without patient consent. Baseline.FTC receives largest COPPA civil penalties to date in settlements with Mrs. Fields Cookies and Hershey Foods (2 3, February 27). According to Sara Baase inA Gift of Fire, computers are similar to fire in that they are both a boonand a curse. asp?ArticleID=27.Carr, D. However, many companies,including eBay, also provide short versions of their statements which theyencourage consumers to read. In this way, electronic monitoring canactually hamper the very productivity that the employer seeks to boostthrough monitoring (Adams, Scheuing & Feeley, 2 ). Such monitoring can lead to assumptions being madeabout individuals that may be inaccurate, or to the improper distributionof personal data.
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