When the founding fathers
wrote the constitution and Bill of Rights, they had hoped that the provisions
would create a foundation for the protection of citizens' privacy which could
further, be expanded by future generations. However, they probably wouldn't have
imagined the world we live in today with cars, planes, trains, and computers
just to name a few of our modern advances nor the need for the confidentiality
of our personal data. In the article titled ‘Information Privacy: Changing
Norms and Expectations’ by Daniel Reed (2011), he had stated that;
“This
Castle Doctrine followed settlers to the colonies and was later codified in the
Fourth Amendment to the U.S. Constitution: The right of the people to be secure
in their persons, houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly describing
the place to be searched, and the persons or things to be seized." (para.
2)
Overtime these laws have
failed to keep up with the rapidly changing world and developing technology and
because of this, unfortunately, sometimes laws, and regulations to protect our
privacy, security, and confidentiality are slow to be created and adopted and
even slower to implement. Regrettably, within the USA we have fewer
expectations of privacy and confidentiality and that is why the government and
even many tech companies take advantage of the many loopholes that still exist.
Reed (2011) had also pointed out that there are differences between privacy and
security because we need security to protect our private information, but you
can have security without privacy (para. 4).
New media has revolutionized
the world but it has also created many new layers to the complicated topic of
privacy and confidentiality, for example, it’s against the law for the
government or anyone to open someone else's regular mail sent through the post
office, but when it comes to emails those protections can be a bit tricky
because it brings up the question of who owns our emails, the email provider,
the user, or the ones who own the servers... How about what we post on social
networking sites like Facebook, do they own what we post or do we as the users
own our own data and should we really expect privacy and
confidentiality if we post things online that are intended to be private
but are exposed to the public. One of the challenges that come up is that many
of these tools are actually free to use but with something being given away,
there are usually hidden cost because many of these so-called free sites still
need to make money and they do so by selling customers data to other companies
who repackage them and use the information for targeted advertising or other
reasons and users sometimes unknowing sign away their rights when they agree to
use the services that are nicely packaged as free. For example with all
the benefits that new media offers it can also at times feel like a trojan
horse, ones you use one of these tools they unleash thousands of pages with
complex jargons and user agreements with complicated terms and services that
hardly anyone reads and then they place cookies within user's computers that
track their every move. And if you want something removed that you disagree
with, well good luck with that.
For that reason, the European Union had created
a level of protection for its citizens but which we in the USA also get to, in a limited way, also enjoy. The EU put into place the ‘General
Data Protection Regulation’ or ‘GDPR’ in order to keep pace with the rapid
changes in technology, while also protecting an individual’s privacy and
confidentiality and giving them more control over their data. That’s why
when we log into a page, we see popups or banners indicating that the site is
collecting cookies.
New media has also opened up
the door to massive hacking of personal information and data breaches at a
global scale that many companies have failed to curve or stop the attacks which
are sometimes even coming from foreign entities as cyberwarfare. Sadly, not
even Universities are immune as we saw from the article titled ‘University of
Maryland, computer security breach exposes 300,000 records’ by Patrick Svitek
and Nick Anderson (2014) were more than 300,000 personal records from faculty,
staff and students were compromised by an outside source that gained access
through a secure records database and duplicated all the information without
changing any of the data within the database but they took information such as
names, social security numbers, date of births and university ID numbers. More
recently the credit monitoring company Equifax who has agreed to pay over $650
Million in the largest data breach settlement to date has also been affected by
data breaches (Cowley, 2019). Not even government departments or computer
serves are immune to hacking. However, this has also created a
multibillion-dollar security industry. For example, in the article, we read
titled ‘Target works on security-heavy credit cards, after breach’ by Dara Kerr
(2014), in which target had accelerated its $100 million programs to offer
users chip-enabled smart credit cards with encryption technology where users personal
data are supposed to be harder to hack but only time will tell. The underbelly
of new media has also spurned other privacy and confidentially issues which
have been caused by fraud, and scams which we had also covered in our previous
readings, but other growing threats include spam-ware, malware,
spyware, ransomware, trojans, worms, and viruses to name a few.
But
another growing problem is what’s been termed catfishing in which a person
creates a fake identity on a social network account that targets a specific
victim for abuse, deception or fraud and where they steal another person's identity and info.
Inconclusion, it all boils down
to the old saying which was ‘buyer beware’ to now it being adapted to the more
modern term as ‘user beware’ because as users of new media tools and technology
we have to remember that what we don’t want others knowing about us shouldn’t
post it online. However, this is easier said than done because our data are
always being collected without us even noticing or caring since its everywhere
around us from our cellphones to our smart-TVs and even the CCTV on the corner
streets. Maybe if we all took a more proactive approach to our data and
information, we might be able to stop big companies and even the government
from profiting from our information but this would mean a major shift in our
attitudes and beliefs of indifference, not caring or disinterested to actually
advocating for stronger laws and regulations to protect our privacy
and confidential information and data from being used without our
consent. Finally, in the article titled ‘'The Wild West of Privacy' by Joe
Nocera (2014) he had spoken with some privacy experts and asked them about what
should be included in a privacy bill which included regulating data brokers,
and to give companies an incentive to prevent data breaches with high penalty
fines to name a few tips which can further protect all users from their
information being misused or falling into the wrong hands.
References:
Cowley,
S. (2019, July 22). Equifax to Pay at Least $650 Million in Largest-Ever Data
Breach Settlement.
Retrieved from
Kerr, D. (2014,
February 4). Target works on security-heavy credit cards, after breach.
Nocera,
J. (2014, February 25). 'The Wild West of Privacy'. Retrieved from
https://www.nytimes.com/2014/02/25/opinion/nocera-the-wild-west-of-privacy.html?hp&rref=opinion&_r=1
Reed, D. (2011, May
11). Information Privacy: Changing Norms and Expectations.
Retrieved from https://cacm.acm.org/blogs/blog-cacm/108232-information-privacy-changing-norms-and-expectations/fulltext.
Svitek, P., &
Anderson, N. (2014, February 19). University of Maryland computer
security breach exposes
300,000 records. Retrieved from https://www.washingtonpost.com/local/college-park-shady-grove-campuses-affected-by-university-of-maryland-security-breach/2014/02/19/ce438108-99bd-11e3-80ac-63a8ba7f7942_story.html.
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