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Privacy Protection Strategies
Andrew Schulman
Workplace Surveillance Project
Privacy Foundation, UShttp://www.privacyfoundation.org/workplace
http://www.privacyfoundation.org/workplace; [email protected]
Privacy protection strategiesLegislationLitigationSelf-regulationMarket forcesDIY (do it yourself)UnionsEducation
http://www.privacyfoundation.org/workplace; [email protected]
Legislation “Notice” has been focus (CYA)Who knows what statutes mean?
(e.g., ECPA)Sectoral approach
(e.g. HIPPA; public vs. private employer; COPPA)
FIPPs (“one size fits all”) “Balancing”? (The privacy paradox)
http://www.privacyfoundation.org/workplace; [email protected]
LitigationCase law (legislation by the courts) In US, privacy history is largely case law
(even Warren & Brandeis = Prince Albert v. Strange)
Get to find out what statutes meanUltra-sectoral approach
(e.g. Watkins v. Berry 1983 phonevs. Smyth v. Pillsbury 1996 email)
Part of the privacy problem?(Email as evidence, discovery)
http://www.privacyfoundation.org/workplace; [email protected]
Self-regulationNetwork Advertising Initiative (NAI) “Opt out” (implied consent)Requires threat of legislation or litigationPlatform for Privacy Preferences (P3P)
– defaults; private law?CYAEmployer self-interest (litigation)
http://www.privacyfoundation.org/workplace; [email protected]
Market forcesMarket has issued verdict:
AdForce, 24/7 Media, Avenue ACompete over privacy? (AllAdvantage)But opposite market force:
availability of cheap surveillance
http://www.privacyfoundation.org/workplace; [email protected]
DIY (do it yourself)Technology as solution?Libertarian, anti-government?Privacy as business? (market forces)Pretty Good Privacy (PGP): in use?SafeWeb: it “works,” but does it work?JunkBusters Proxy, Bugnosis
http://www.privacyfoundation.org/workplace; [email protected]
UnionsNo consumer equivalent In workplace, coupled with legislationRequires bargaining power (not US)
http://www.privacyfoundation.org/workplace; [email protected]
Education
Help policy makers understand technology, surveillance business
Help engineers see wider implications Informed consent: “Notice” vs. “access”But education reduces “reasonable
expectation”! (Big Tobacco)Take technology out of driver’s seatMake it explicit!
