Free Essay

Right to Privacy

In: Computers and Technology

Submitted By cjv2014
Words 516
Pages 3
The right to privacy for online Internet activity is a serious issue in the world today. Some internet users wish to hide their identities while participating in discussions of sensitive topics. Others fulfill fantasies and harmlessly role play under the cover of a false identity in chat rooms, but there are the eternal "bad apples," and on the Internet, they are the people who use anonymous servers as more than a way to avoid responsibility for controversial remarks. Cases of harassment and abuse have become more and more frequent because there are ways to avoid people knowing your true identity. There are also problems with frauds and con artists who elude law enforcement authorities through anonymous mailings and postings.
Nowhere in the United States Constitution does the word “privacy” exist. Rather, the Supreme Court has decided that “privacy” is to be protected by the amendments. It is the essence of the Bill of Rights and so it is a guaranteed right. The Invasion of Privacy is covered under the 4th Amendment in the Bill of Rights. However without a reasonable expectation of privacy, there is no privacy right to protect. Files stored on disk or tape in the home is protected, but the rule becomes less clear when applied to files stored on an Internet access provider's server. Web servers, on the other hand, may be protected by federal law. Some argue that consent of the access provider, however, is all that is required for law enforcement authorities to search and seize any files in the possession of that access provider. Internet service providers may have a lot of information about the users because servers routinely record information about users' e-mail and web browsing habits.
Congress decided to pass a new internet law in the 1990’s and the Federal Trade Commission also proposed legal reform around the same time to improve online privacy. But lawmakers showed deep reservations about trifling with Internet regulation of privacy, expressing fears about hurting online commerce and creating an unenforceable regulatory scheme. Internet crime laws passed, but these criminalized intrusive and destructive behaviors without directly creating privacy rights. The Children’s Online Privacy Protection Act (COPPA) of 1998 was passed amid complaints that websites frequently sought too much personal information from young children. The law requires web operators to maintain privacy policies, grants parents powers to control information gleaned from their children by websites, and grants regulatory power to the FTC. This COPPA act protects children in a way that applies to websites and online services that are specifically directed at children under the age of thirteen and to operators of websites where the operators have actual knowledge they are collecting information from children under the age of thirteen. In 2000, the FTC filed its first action under COPPA, against a website called Toysmart. After it declared bankruptcy, Toysmart had attempted to sell the data it had collected selling toys. The purpose of this act is to protect minors under the age of 13. It prevents information to be obtained from young people specifically so that their privacy is protected.…...

Similar Documents

Premium Essay

Employee Privacy Rights in the Workplace

...information have forever changed. Employers are playing constant “catch up” with new technologies that are utilized on a broad scale long before policies are created to manage their impacts. Privacy issues often arise in connection with employer efforts to locate, hire and evaluate the most qualified and reliable employees. Improvements in technology, such as the rapid rise of the use of electronic mail and the increasing use of surveillance cameras, often force otherwise reluctant employers to readdress the balance between employees' privacy concerns and perceived business needs. In fact, nearly 67% of all companies currently use some type of surveillance in the workplace. According to a recent poll, “. . . over 66% percent of those surveyed had used the Internet from work in the past 24 hours.” (M.Lee Smith Publishers, Hospitality Workforce Trends, January 2000) In addition, when issues in his or her personal life impact an employee’s work, the employer must make judgments as to the appropriate level of involvement. Lastly, as traffic on the “information superhighway” continues to explode a number of substantive questions about the use and abuse of these information networks arises. What are the ramifications for employees’ right to privacy in the workplace? Does an employer have the right to search an employee’s computer files or review the employee’s electronic mail (“E-mail”)? What are the advantages and disadvantages of using surveillance at the......

Words: 3154 - Pages: 13

Premium Essay

Employee Privacy Rights in the Workplace

...Employee Privacy Rights in the Workplace Vicki Puckett COM 120 Allyson Wells October 8, 2006 Do you think that your employee rights entitle you to workplace privacy? Well, think again. The fact is that most employers monitor their employee in one way or another. In the workplace, many employers are violating the privacy rights of their employees by surveillance, genetic testing, and sexual orientation. According to some workplace privacy studies, there is a good chance that your employer is monitoring your internet activities, including the Web pages you read, and messages you read and post in forums, blogs, and chat rooms. Your employer could also be spying on you in several other ways as well. Some may include recording your phone conversations, videotaping your every move within the company, and tracking your location with the company cell phone. Such monitoring is almost entirely unregulated. Therefore, unless company policy specifically states otherwise, your employer may listen, watch and record most of your workplace communications. The rapid growth of workplace monitoring and surveillance technology has far out paced the development of laws that protect worker privacy interests. Modern technology has provided employers with more advanced and effective means of monitoring their employees. As a result, electronic monitoring of employees in the workplace has become far more prevalent in recent years...

Words: 1146 - Pages: 5

Free Essay

Privacy Rights

...Privacy Rights December 14, 2012 There is a believed right, not stated in the constitution that is cherished by Americans as much as their freedom of speech or their right to bear arms. It is privacy. A belief that no one may come and search your home without cause, or that personal information about you and your family will be protected and not shown to others. Yet, as much as we enjoy these rights, they are slowly slipping away as laws are passed to fight terrorism. Privacy was never guaranteed in the constitution. The closest thing to protecting our privacy was the 4th amendment. The amendment protected people from unwarranted search and seizure, but only from the government, not from individuals. Federal privacy laws have only dealt with the actions of the federal government and its agencies. The burden of personal privacy laws have fallen to the states. After the attacks of 9/11, the federal government took unprecedented steps to prevent more attacks. One of these steps taken was wiretapping U.S. citizens. Attorney General Alberto Gonzalez (2006) claimed “We cannot defend the nation without such information”. However, The Foreign Intelligence Surveillance Act (FISA) of 1978 was passed because of the governments wiretapping of dissidents in the 60’s and early 70’s. The act setup a panel of judges to review requests for domestic surveillance, in cases of national security, these requests could be “fast tracked” to be authorized quickly. It also allowed......

Words: 890 - Pages: 4

Premium Essay

Aids Patient’s Right to Privacy

...for Disease Control and Prevention, last year it was recorded that approximately one million people were currently living with Human immunodeficiency virus, or better known as HIV. This fast growing epidemic infects another unknowing person every nine minutes. With so many people being infected with HIV something must be done. However, what public knowledge can be used to spread information about this disease? Also, what rights are there for people currently living with this disease? The Office of Civil Rights is an agency that focuses on protecting the civil rights of Americans. This organization helps protect against discrimination in areas such as treatment centers, government-ran agencies, and day care centers. “OCR’s enforcement efforts protect the civil rights and health information privacy rights of people living with HIV, resulting in increased access to quality health care and reduced HIV-related discrimination, stigma and disparities” (HHS, 2011). People living with HIV have the same rights to privacy as any other patient. They also have the right to expect that all records and communications are kept confidential. These individuals can be protected because by law professionals must keep their information and treatment private. In order to protect the community from HIV, spreading knowledge and awareness is important. Free or low-cost testing should be provided for all in order to gain awareness of infection. People that do not have HIV need to understand how......

Words: 608 - Pages: 3

Premium Essay

The Right to Privacy and Peeping Tom Journalism

...information is just riveting but not useful. But peeping Tom journalism becomes more and more demanded. Famous people deserve privacy and respect. First of all, we should admire what they do, not who they are. Of course we are interested to know what they do, whom they meet and what they eat around the clock but we should not invade their family or private life through the media. Secondly, the children and family of famous people should not be affected. Some stars have to hire security for their children or spouses because of media attention. Scrutiny may be the price celebs pay for fame. There are several cases in the history when people lost the privacy and got anguish being hounded by media. For example, Richard Jewell a security guard in Olympic Park in the US was at first hailed as a hero for discovering the bomb and helping to clear people from the area. Then news accounts in the Atlanta Journal named him as a suspect. And his life totally changed. Because he was convicted in the court of public opinion. He couldn’t find a job and meet his friends, he was under scrutiny around the clock being a prisoner in his home. Although, generally speaking, the media should not interfere in people’s private lives, there are times when it is correct to do so. Any celebrity being hounded by media around the clock may get mad. Everyone has a right to privacy, and it is not a fair game to scrutiny them. The reporters sometimes have an endless hunger for any peculiarities to be......

Words: 430 - Pages: 2

Premium Essay

Has the Nsa Violated Americans' Privacy Rights?

...Has NSA violated Americans' privacy rights? Lynell Apple BCOM/275 June 17, 2013 Mike Chattermole Has the NSA violated Americans' privacy rights? Just today in an article on Yahoo News President Obama stated that the NSA has not violated Americans’ privacy rights when they were doing surveillance on phone records and internet data. The NSA was getting data by monitoring information from big companies such as Verizon Communication Inc., Google Inc. and Facebook Inc. The article further says that they were doing to thwart militant attacks. I have several questions about this statement one is how is it not violating our right to privacy when you have the government spying on every call and every website you visit? My second questions is from whom were militant attacks to be made by terrorists, or those individuals who are opposing the government for the actions and are tell people what is going on or groups of people who believe in GOD and are praying for our country. People are being arrested for praying outside the White House. I do not believe that they were not listening on the calls themselves as the article states. The government is having people arrested for praying outside the White House. With wiretapping the government can eliminate those who oppose it in secret. This goes against everything the Constitution stand for and I in mind I see that the government has been given too much power and has made AMERICA a place of unrest and distrust......

Words: 303 - Pages: 2

Premium Essay

Human Right to Privacy

...Legal systems based off of civil, common, and religious law have been established throughout the world since the beginning of mankind. Although these systems commonly tie into one another, each policy has been shaped by its country’s unique history and their individual variations. Statutes in many sorts are provided by whom ever deems power within a particular nation. As straight-forward as this may seem, a sense of moral and reason tend to influence the law where a specific statute may not exist. If an individual is convicted of a crime, of which is not stated in a state or nation’s penal code, how is it possible to be convicted at all? If an individual proceeds to use a defense in a lawful contention such as the “right to privacy,” which is not explicitly written in the Constitution, is it a valid defense at all? I believe these can be answered, with the consideration of and through, moral and reason. Using the United States as an example, the law has been divided between the common law of the nation and its military legal system. There is a need to separate these systems solely because the responsibilities and duties of a civilian and a servicemen are simply incompatible. As we know The Constitution is the supreme law of the United States of America. Therefore, not only does each individual state govern with The Constitution at hand, but they also provide a separate penal code unique to its own. Laws prohibiting a personal liberty such as abortion (where arguments have......

Words: 1108 - Pages: 5

Premium Essay

Do Government Internet Surveillance Efforts Threaten Privacy and Civil Rights?

...In regards to Issue 16 Unit 5 in the textbook, I strongly agree that government Internet surveillance efforts threaten privacy and civil rights. It is a basic human right to allow someone to keep something secret to oneself. We owe no explanation or clarification to anyone for our private matters. With the governments increasing efforts in Internet surveillance this basic right is violated. It is as if we have become completely transparent to people we know nothing about ourselves. New technological tools are vulnerable to exploitation by governments aiming to crush dissent and deny human rights. All governments struggle to balance a need to deal with serious issues such as security, hate speech and child safety for their citizens but in repressive societies, these concerns often serve as convenient pretext to engage in censorship or surveillance of the internet that violates the rights and privacy of users and threatens the free flow of information. We all are aware that he internet and other communication technologies have created a vast amount of opportunities to share information, opening-up paths for pro democracy groups, activists, journalists and individuals around the world to share their opinion and judgment on various policies made by their respective government. I understand why monitoring people’s activity may seem as the right thing to do to ensure security but it is not of utmost importance; there are various other problems that need to be fixed at grass-root...

Words: 654 - Pages: 3

Premium Essay

Privacy

...Privacy ‘The Limits of Privacy’ and ‘The Case for privacy’ are written by Amitai Etzioni and David D. Friedman respectively. Both of them have opposite views about privacy, which Etzioni states that less privacy is good for us and Friedman claims that more privacy makes the world a better place. In this paper, I will argue that Etzioni’s argument fails because privacy is really important for us to protect ourselves. I am going to explain in detail based on three different points in the next three paragraphs. First, in ‘The Limits of Privacy’, Etzioni argues that privacy is not important as many other goods. Based on his argument, he claims that “there are numerous values that trump or take precedence over privacy” (p.254) such as safety. However, I totally disagree his standpoint. Although safety also considers as a part of importance, it does not mean that safety can take priority over privacy consideration. Privacy does have significance effect for us to protect ourselves. Some people may think that it is worth to sacrifice their individual privacy in order to get freedom for safety. Once you give up your own privacy and allow anyone like governments to access to your information freely, your information is disclosed and you cannot get them back anymore. For example, after 9/11 attack in the United States, a lot of new measures about surveillance are introduced. The government can have authorities to wiretap, record or trace orders for email made by all Americans.......

Words: 1250 - Pages: 5

Premium Essay

The Right to Privacy

...The Right to Privacy Privacy is one of the most fundamental values on which our country was founded, and the privacy of an individual is one of the most important rights. So do we really have a right to privacy? According to the article written by Warren and Brandeis “the individual shall have full protection in person and in property of the law”. The purpose of this article written by Samuel Warren and Louis Brandeis is to consider whether the existing laws properly protect the privacy of an individual. Warren and Brandeis purpose for writing such an article was to argue that the laws have to change with the times. Rather than just protect an individual only for “physical interference with life and property” the laws had to evolve with the changing times. Because an individual life gradually expanded so should the laws that was set out to protect them. The authors argue that individuals have the right to enjoy life and to be left alone. The individual have the right to determine how their thoughts and emotions be communicated and how, their thoughts and emotions are expressed. The authors concluded that the thoughts, emotions, and sentiments of individuals needed protection. Protection preventing what could be ultimately written and publish, giving the individual the right to enjoy life. The authors assume that individuals shall have full protection in person and in property, and also the right to life served only to protect the person from battery. They realized......

Words: 492 - Pages: 2

Premium Essay

Is There a Right to Privacy in Social Networking?

...Is There a Right to Privacy in Social Networking? ISSUE: Should social networking sites allow outside parties to have access to user information? Although it is free for users to participate on social networking sites (to a certain extent), companies like Facebook are businesses; they must make money to stay in operation. One way in which Facebook has begun to collect revenues is by allowing marketers to post advertisements on its site. Yet with the growing competition in social networking, Facebook must take new steps to retain its competitive edge. One possible way is by establishing the standard for online identity. In August 2009, Facebook hired David Recordon, an expert in online identification. Recordon intends to promote open and transparent standards for web identity to Facebook. In other words, the company hopes to make it easier to identify its users. Although several social networking sites have been criticized over this issue, the site that has garnered the most criticism is Facebook. Facebook has already implemented changes to promote more open identification. For example, users can no longer hide their name, gender, profile picture, or hometown from other users. Facebook also gives access to this same information to its partners of Facebook Connect, a program that lets users log onto their Facebook profiles from thousands of websites. In December 2009, Yahoo! and Facebook formed a partnership that permits Facebook users to identify themselves on......

Words: 1199 - Pages: 5

Premium Essay

Employee Privacy Rights

...Employee Privacy Rights in the Workplace Employee Privacy Rights in the Workplace Employees must have the right to phone security, application confidentiality, the right to no sexual harassment, and the right to not have any personal questions asked that do not pertain to work. Employee privacy laws are limited, which makes it easy for employers to invade the privacy of its employees. Some things are personal and should remain that way. In today’s working environment, employers need to reevaluate their techniques, approach this ongoing situation, and find alternative solutions to this problem. There are limits to everything in life, and there needs to be limits set on employee privacy laws. Employee privacy laws are limited; they are not set up to protect employees. Someone needs to do something to protect employee privacy. Many Americans accuse their employers of violating their privacy. Employers are becoming more vicious on how they screen new candidates as well as their current employees. Normally employers will conduct background checks, random drug testing, and maybe even a credit check. The question that needs addressing here is “How much are we willing to give up satisfying our employers”? Employees need to become more aware of this situation. Employers have the upper hand in this situation. Everyday they find a new way to invade their employees’ privacy. In today’s world of ever-changing technology, the court and legislature......

Words: 2090 - Pages: 9

Premium Essay

The Balance of Right to Privacy V Right to Freedom of Expression

...The concept of an individuals privacy and it’s juxtaposition with freedom of press has been an area of concern for the European Court of Human Rights for many years, as such many legislative proceedings within the United Kingdom have followed precedent set out in those cases. Richard Peppiat, former journalist for the Daily Star Newspaper during an interview once quoted, “When you are immersed in that world you don’t see people as people. You see them as targets who can provide information or quotes. You lose any moral or ethical considerations. In your desperation to get a story you forget you are dealing with individuals, family life, privacy.”.(Carrick, D. 2012) The object of this essay is to evaluate the significance of the issue of balance between an individual supposed right to Privacy and the collective right given to Freedom of Expression within the Print industry. Specific reference will be made to adjudications made by the European Court of Human rights and how this has set out guidelines regarding the aforementioned. Furthermore, these cases will be analysed and compared to notable United Kingdom court cases to allow further insight into this particular problem facing the Media industry. The National Union of Journalists set out a code of conduct, outlining the main principles of journalistic ethics, something that has been held as industry guidelines since it’s creation in 1936. Part of that code of ethics states, “A journalist does nothing to......

Words: 2383 - Pages: 10

Free Essay

The Rights and Ethics of Employees with Respect to Privacy at Work

...Dania Afif El-Achmar The Rights and Ethics of Employees with Respect to Privacy at Work Widespread use of electronic communications media such as e-mail and information resources such as the Internet has prompted many employers to engage in electronic surveillance of their employees. Employers are monitoring—and even recording—employees’ personal phone calls, e-mails, and workplace conversations. Video cameras are trained on employee parking lots, break areas, and other parts of the workplace. Today’s employers have the legal right to conduct search and seizure of employees’ personal property; monitor the employee’s telephone calls, workplace computer, Internet, fax use, and e-mail; perform employee drug testing; and conduct investigation and surveillance of employees. Electronic Surveillance The ethics of employee surveillance are problematic, because both the company and the employee have rights, and these rights can conflict. The employee owes the company a solid day’s work and protection of proprietary property and knowledge, but the employee can claim rights such as privacy, compensation for injury, freedom from harassment, and a living wage. Employees are often not aware of the fact that their e-mails are being read by their employers. Moreover, most employees are unaware of the extent to which their employers can and actually do monitor what they do. Studies indicated that worldwide, approximately 27 million employees workforce, are under continuous Internet or e-mail......

Words: 780 - Pages: 4

Premium Essay

It Privacy

...Information Technology Practices and Privacy Concerns David Rebovich TS5536 – Ethical and Legal Considerations in Information Technology Professor Gold November 27, 2011 Technology has made it hard to live a life that is truly private. Many devices and services that people use on a daily basis are repositories for private information. Cell phones, with GPS services, can be helpful, but can also be used by authorities to track a person’s location. Social networking sites make it easy to stay in touch with people, but they also store personal information, and activity history that can be subpoenaed and used against a person if they are ever accused of a crime. Facebook postings in March, 2011 led to the arrest of one of the five suspects in the killing of a teenager in Queens New York. Anthony Collao, 18, was killed after attending a birthday party that was being hosted by gay hosts. The five suspects crashed the party, made slurs, and caused Collao, who was not gay, to leave because of the impending trouble. Collao, after leaving, was chased, beaten and killed, by the suspects. A fifth suspect charged in the fatal beating of a teen in Queens bragged about the attack in anti-gay Facebook postings, law enforcement sources said. (Mark Morales, 2011) The Patriot Act, signed into law shortly after the terrorist events of September 11, 2001, has the ability to be interpreted, by lawmakers, to allow the use of cell phone tracking by government agencies on......

Words: 1123 - Pages: 5