Five Ways We’re Killing Our Own Privacy

8/3/2019 Five Ways Were Killing Our Own Privacy

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Five WaysFive Ways

Were KillingWere KillingOur Own PrivacyOur Own Privacy

Michael theprez98Michael theprez98 SchearerSchearer

ShmooConShmooCon FireTalksFireTalks

Washington, DCWashington, DC


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Michael theprez98 Schearer

Founder and Owner, Leverage Consulting &

Associates

8+ years in the U.S. Navy as an EA-6B

Prowler Electronic CountermeasuresOfficer

Veteran of aerial combat missions over

Afghanistan and Iraq

Spent 9 months on the ground in Iraq as a

counter-IED specialist

Founding member of Church of WiFi and

Unallocated Space, and father of four


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Why you should be skeptical

I am not a lawyer

My presentation is (both) unintentionally

and intentionally biased by my own beliefs

This isnt a political presentation, but it isinevitably influenced by political issues

Bottom line: Dont take my word for it; read

the source material and make up your own

mind!


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United States v. Jones

9-0!

Majority opinion: The Governments

attachment of the GPS device and its use of

that device to monitor the vehiclesmovements constitutes a search under the

Fourth Amendment

Sotomayor concurrence: it may be

necessary to reconsider the premise that

an individual has no expectation of privacy

in information voluntarily disclosed to third

parties.

Most important Fourth Amendment

decision in decades


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Five Ways

Ignorance

dont know, dont care, dont care to know

dont know, uneducated, carelessness

We are Consumers rumors, gossip, we want to know!

We are Social Animals

desire to share, social media

Convenience

better, faster, cheaper

Acquiescence

permission by silence or passiveness


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FIVE WAYS WEREKILLING OUR OWN PRIVACY

Ignorance


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Innocent Ignorance


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Innocent Ignorance


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We are Consumers


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We are Consumers


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Man is by nature a social animal; an

individual who is unsocial naturally and

not accidentally is either beneath our

notice or more than human. Society issomething that precedes the individual.

Anyone who either cannot lead the

common life or is so self-sufficient as

not to need to, and therefore does notpartake of society, is either a beast or a

god.

--Aristotle, Politics


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Convenience


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Convenience


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Third-Party Doctrine

This Court has held repeatedly that the

Fourth Amendment does not prohibit the

obtaining of information revealed to a third

party and conveyed by him to Government

authorities, even if the information is revealed

on the assumption that it will be used only for

a limited purpose and the confidence placed

in the third party will not be betrayed.

UNITED STATES v. MILLER, 425 U.S. 435 (1976)


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Intercounty Connector (MD-200)

Electronic tolling (highways speeds) EZ-Pass onlyor

Video tolling at 150%


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Is it really worth it?


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Acquiescence


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Reasonable Expectation of Privacy


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Reasonable expectation of privacy

1. Actual expectation of privacy

2. Your expectation is reasonable to society

as a whole


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var a = "actual expectation of privacy";

var b = "expectation of privacy is reasonable";

if ((a == 1) && (b == 1))

{

document.write("Reasonable expectation of privacy");

}

else{

document.write("Unreasonable expectation of privacy");

}


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You know, I dont know what

society expects, and I think its

changing. Technology ischanging peoples

expectations of privacy.

--Justice Samuel Alito, United States v. Antoine

Jones oral arguments


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Key takeaways

If you have an actual expectation of privacy

AND society finds that expectation to be

reasonable, you have a reasonable

expectation of privacy

If either variable is false, there is no

reasonable expectation of privacy

Both values are in fact variables, meaning

we (you and I) can change them in

meaningful ways

We are actively responsible for the life and

death of our own privacy


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Five WaysFive Ways

Were KillingWere KillingOur Own PrivacyOur Own Privacy

Michael theprez98Michael theprez98 SchearerSchearer

ShmooConShmooCon FireTalksFireTalks

Washington, DCWashington, DC

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Five Ways We’re Killing Our Own Privacy