Module 5 Flashcards
The Right to Privacy - Louis Brandeis and Samuel Warren
Privacy - the individual shall have full protection in person and in property.
Common Law
Life and Property. Originally, the common law “right to life” meant protection from battery; liberty meant freedom from actual restraint;
The right to property meant you owned your land and cattle. Later, “right to life” meant a recognition of spiritual nature, of feelings and intellect.
The right to enjoy life as well as the right to be let alone.
“legal value of sensations”. Means we are protected against the action of battery, i.e., we are afforded a protection against actual bodily injury. This then gives rise to the action of assault - fear of actual bodily injury.
Purpose of their article?
“It is our purpose to consider whether the existing law affords a principle which can properly be invoked to protect the privacy of the individual; and, if it does, what the nature and extent of such protection is.”
- the right of property provides the foundation for the right to prevent publication.
- the right of property only protected the right of the creator to any profits derived from the publication.
- law did not recognize the idea that there was value in stopping or preventing publication.
- the ability to prevent publication did not clearly exist as a right of property.
Prince Albert v. Strange
These considerations lead to the conclusion that the protections afforded to thoughts, sentiments, and emotions, expressed through the medium of writing or of the arts, so far as consisting in preventing publication is merely an instance of the more general right of the individual to be let alone.
“To protect the privacy of the individual from invasion…”
Limitations
- the right to privacy does not prohibit any publication of matter which is of public or general interest.
- the right to privacy does not prohibit the communication of any matter, though in its nature private, when the publication is made under circumstances which would render it a privileged communication according to the law of slander and libel.
- the law would probably not grant any redress for the invasion of privacy by oral publication in the absence of special damage.
- the right to privacy ceases upon the publication of the facts by the individual, or with his consent.
- the truth of the matter published does not afford a defense. Obviously this brand of the law should have no concern with the truth or falsehood of the matters published.
- the absence of malice in the publisher does not afford a defense.
Remedies
- an action of tort for damages in all cases. Even in the absence of special damages, substantial compensation could be allowed for injury to feelings as in the action of slander and libel.
- an injunction, in perhaps a very limited class of cases. An injunction is an equitable remedy in the form of a court order that compels a party to do or refrain from specific acts. A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment.
Domestic Drone Surveillance: The Court’s Epistemic Challenge and Wittgenstein’s Actional Certitude
- Robert Greenleaf Brice and Katrina Sifferd
What does the 4th amendment say?
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 probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or thing to be seized.
Essential two parts to the 4th amendment:
- protected against unreasonable searches and seizures
- warrants may be issued but only when they offer specific descriptions of the place or the person to be searched, or the items to be seized.
Hindsight Bias
the tendency persons have of increased confidence in the odds of an outcome once the actual outcome is known.
Definition of Knowledge:
Justified true belief, aka the JTB principle. Plato first introduced this principle in his work titled “The Theatre Thetis”.
Trespass Doctrine
States that when law enforcement effects an unreasonable physical intrusion into a constitutionally protected area, a violation of the Fourth Amendment has occurred.
Plain View Clause
Established in 1971 in Coolidge v. New Hampshire
If law enforcement can see something illegal or something illegal taking place in plain view (even with binoculars), he or she is constitutionally protected under the Plain View Clause of the Fourth Amendment to proceed onto the property.
Protects people not places
This means what a person seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.
A twofold requirement is established for claims that law enforcement has violated the Fourth Amendment with specific focus on violating a person’s reasonable expectation of privacy. These include:
- a person must have exhibited an actual (subjective) expectation of privacy
- the expectations must be ones that society is prepared to recognize as reasonable
Will the court “cast behavior citizens knowingly expose to the public as private”?
And, how, exactly, are citizens’ actions linked to this knowledge?
GE Moore
Common Sense Philosophy
maintains that an ordinary or common sense view of the world is, by and large, correct. Its epistemic focus highlight the fact that human beings not only know that common sense convictions about the world are true, but that human beings know these convictions with certainty. As such, common sense philosophy is often used as a justificatory tool to combat skepticism.
If all knowledge claims were susceptible to doubt regardless, an emphasis on the degree of knowledge would not sway skeptics. I know with certainty that p requires as much justification as I know that p requires. The degree of certainty provided appears to be of little consequence.
Cyberethics: Chapter 6: Securing the Digital Infrastructure
- Richard Spinello
Cybercrime and its three basic categories:
- Software Piracy: unauthorized copying, reproduction, use, or manufacture of software products.
- Computer Sabotage: interference with computer systems, such as the disruption of operations by means of malware in the form of a virus, worm, logic bomb, or Trojan horse that infects a computer system.
- Electronic break-ins: cyber-espionage is the use of computer networks to gain illicit access to confidential information, typically held by government or other organizations.
Antipiracy Architectures
Trespass, Hacker, and Hactivism
Cybercrime
“…a special category of criminal acts that are typically executed through the utilization of computer and network technologies.”
What is a DRM?
DRM stands for Digital Rights Management. Rights management is the ability of a publisher of a work to define what rights subsequent users of her work will have to use, copy, or edit the work.
Difference between Hacker and Hacktivist?
A hacker is a person who breaks into computer systems to steal data or plant worms. A hacktivist, on the other hand, is a person who combines hacking with political activism. Both of these presuppose an issue that is not so readily apparent, namely trespassing.
Computer Fraud and Abuse Act (CFAA)
First enacted in 1986 and later amended in 1996, the CFAA is the primary legal vehicle for dealing with trespass, making it a federal crime to knowingly access a computer without or in excess of authority to obtain classified information.
Hacked vs Hackers: Game on
- Nicole Perlroth
There has been a lack of liability and urgency regarding cyber security.
A cyber-Pearl Harbor would entail a crippling attack that would cause physical destruction and loss of life.
