Recently in Privacy Category
by Erin Fleury, UMN Law Student, MJLST Staff
Last week, the Supreme Court denied a petition requesting a writ of mandamus to review a decision that ordered Verizon to turn over domestic phone records to the National Security Administration ("NSA") (denial available here). The petition alleged that the Foreign Intelligence Surveillance Court ("FISC") exceeded its authority because the production of these types of records was not "relevant to an authorized investigation . . . to obtain foreign intelligence information not concerning a United States person." 50 U.S.C. § 1861(b)(2)(A).
The Justice Department filed a brief with the Court that challenged the standing of a third party to request a writ of mandamus from the Supreme Court for a FISC decision. The concern, however, is that telecommunication companies do not adequately fight to protect their users' privacy concerns. This apprehension certainly seems justified considering the fact that no telecom provider has yet challenged the legality of an order to produce user data. Any motivation to fight these orders for data is further reduced by the fact that telecommunication companies can obtain statutory immunity to lawsuits by their customers based on turning over data to the NSA. 50 USC § 1885a. If third parties cannot ask a higher court to review a decision made by the FISC, then the users whose information is being given to the NSA may have their rights limited without any recourse short of legislative overhaul.
Unfortunately, like most denials for hearing, the Supreme Court did not provide its reasoning for denying the request. The question remains though; if the end users cannot object to these orders (and may not even be aware that their data was turned over in the first place), and the telecommunication companies have no reason to, is the system adequately protecting the privacy interests of individual citizens? Or can the FISC operate with impunity as long as the telecom carriers do not object?
by Greg Singer, UMN Law Student, MJLST Managing Editor
In the west, perhaps no right is held in higher regard than the freedom of speech. It is almost universally agreed that a person has the inherent right to speak their mind as he or she pleases, without fear of censorship or reprisal by the state. Yet for the more than 1.3 billion currently residing in what is one of the oldest civilizations on the planet, such a concept is either unknown or wholly unreflective of the reality they live in.
by Chris Evans, UMN Law Student, MJLST Managing Editor
In "It's the Autonomy, Stupid: Political Data-Mining and Voter Privacy in the Information Age," I wrote about the compilation and aggregation of voter data by political campaigns and how data-mining can upset the balance of power between voters and politicians. The Democratic and Republican data operations have evolved rapidly and quietly since my Note went to press, so I'd like to point out a couple of recent articles on data-mining in the 2012 campaign.
by Bryan Dooley, UMN Law Student, MJLST Staff
Most voters who use the internet frequently are probably aware of "tracking cookies," used to monitor online activity and target ads and other materials specifically to individual users. Many may not be aware, however, of the increasing sophistication of such measures and the increasing extent of their use, in combination with other "data-mining" techniques, in the political arena. In "It's the Autonomy, Stupid: Political Data-Mining and Voter Privacy in the Information Age," published in the Spring 2012 volume of the Minnesota Journal of Law, Science, & Technology, Chris Evans discusses the practice and its implications for personal privacy and voter autonomy.
by Jeremy So, UMN Law Student, MJLST Managing Editor
As China's Communist party prepares for its once-a-decade leadership transition, the news has instead been dominated by the fall from power of Bo Xilai, the former head of the Chongching Communist Party and formerly one of the party's potential leaders. While such a fall itself is unusual, the dialogue surrounding Bo's fall is also remarkable--Chinese commentators have been able to express their views while facing only light censorship.
by Eric Friske, UMN Law Student, MJLST Managing Editor
From one mouse click to the next, internet users knowingly and unknowingly leave a vast array of online data points that reveal something about those users' identities and preferences. These digital footprints are collected and exploited by websites, advertisers, researchers, and other parties for a multitude of commercial and non-commercial purposes. Despite growing awareness by users that their online activities do not simply evaporate into the ether, many people are unaware of the extent to which their actions may be visible, collected, or used without their knowledge.
by Mike Borchardt, UMN Law Student, MJLST Managing Editor
Recent announcements from Microsoft have helped to underscore the current conflict between internet privacy advocates and businesses which rely on online tracking and advertising to generate revenues. Microsoft recently announced that "Do Not Track" settings will be enabled by default in the next version of their web browser, Internet Explorer 10 (IE 10).
As explained by Omer Tene and Jules Polonetsky in their article in the Minnesota Journal of Law, Science & Technology 13.1, "To Track or 'Do not Track': Advancing Transparency and Individual Control in Online Behavioral Advertising," the amount and type of data web services and advertisers collect on users has developed as quickly as the internet itself. (For an excellent overview of various technologies used to track online behavior, and the variety of information they can obtain, see section II of their article). The success and ability of online services to supply their products free to users is heavily dependent on this data tracking and the advertising revenue it generates. Though many online services are dependent on this data collection in order to generate revenue, users and privacy advocates are suspicious about the amount of data being collected, how it is being used, and who has access.
by Emily Puchalski, UMN Law Student, MJLST Notes & Comments Editor
As scientific research and technological advancement abound in our modern world, often times the law struggles to keep up. The law's struggle to keep up is evident in debates centering on defining personhood. The question of what it means to be a person/human involves the controversial issues of abortion and evolution, which have divided our nation for decades. Although scientists are helping our understanding of what being human means by studying life at its most basic, controversy abounds regarding not only the results of the studies but also the theoretical underpinnings of even allowing the studies. As our nation becomes more polarized between conservative and liberal thinkers the struggle of defining personhood has come to the forefront in politics.
by Sarvesh Desai, UMN Law Student, MJLSTStaff
Google glasses . . . like a wearable smartphone, but "weighing a few ounces, the sleek electronic device has a tiny embedded camera. The glasses also deploy what's known as a 'heads-up display,' in which data are projected into the user's field of vision on a small screen above the right eye."
The glasses are designed to provide an augmented reality experience in which (hopefully useful) information can be displayed to the wearer based on what the wearer is observing in the world at that particular moment. The result could be a stunning and useful achievement, but as one commentator pointed out, Google is an advertising company. The result of Google glasses, or as Google prefers to call them "Google Glass"(since they actually have no lenses) is that advertisements following you around and continuously updating as you move through the world may soon be a reality.
by Rebecca Boxhorn, Consortium Research Associate, Former MJLST Staff & Editor
Helen of Troy's face launched a thousand ships, but yours might provide probable cause. The FBI is developing a nationwide facial recognition database that has privacy experts fretting about the definition of privacy in a technologically advanced society. The $1 billion Next Generation Identification initiative seeks to harness the power of biometric data in the fight against crime. Part of the initiative is the creation of a facial photograph database that will allow officials to match pictures to mug shots, electronically identify suspects in crowds, or even find fugitives on Facebook. The use of biometrics in law enforcement is nothing new, of course. Fingerprint and DNA evidence have led to the successful incarceration of thousands. What privacy gurus worry about is the power of facial recognition technology and the potential destruction of anonymity.