Internet Privacy - Research Paper Example

Introduction: Internet privacy has become a very important issue over the past few years. All the data uploaded online, all transactions performed, every activity an individual does online is monitored. This monitoring and keeping records of everyone’s behaviour does violate an individual’s right to privacy. Especially in an arena like internet where a person would assume it is alright to perform activities without anyone knowing, it does become a sensitive matter. Another sensitive matter is that a person in most cases is not even aware of the fact that she/he is being watched. Various intelligent software, bots and sensing devices follow everything from the mouse movement, to the clicking behaviour, to the websites visited to basically every activity performed. Usually this information is used for marketing purposes but more often than not this information goes to a database that has no right to store personal data. The basis of internet was a free agency, where everyone has access to all the information in the world. One would think that on the basis of what internet was formed it is against ethics to be constantly monitored. Nowadays it is the burgeoning social media that causes more problems, not every one is aware that all the profiles that they make online, all the images uploaded are eventually liable to be stored. Internet privacy provides a person with the right of storing and displaying their information online and not be distributing it to third party members. A number of experts do argue that as the information is posted online, every person accessing the internet has a right to view it. The concept of internet and privacy together cannot exist thereby. It is important to teach and tell every internet user about how vulnerable they are online, they should be made aware of all the risks they face and how the information posted online is permanent. Most people are not aware of this fact which is why many argue about the right of privacy. There are mainly two types of concern over privacy. One is that the information collected can lead to the individual’s identification. This is called personally identifiable information; this is usually done by spyware, website operators etc. The other is monitoring of email and web usage by ISPs or the government for security purposes. Government, security agencies all have the right to accessing information over the internet. It often becomes the matter of security not just for an individual but for the whole nation as well. For them it is extremely crucial and also the matter of life and death to have access to information and find criminals and terrorists. However various laws are in place for internet privacy and more are being formulated as vulnerability constantly increases online. Activities that reveal personal information online: 1) Signing up for an ISP: Every person is assigned an IP address once they access the internet. This is a number that cannot personally identify you. But the ISP knows which IP address is assigned to which client. Thereby just accessing the internet provides a threat to one’s identity. 2) E-mails: When signing up for an email address one has to film a form where all the information is provided. Granted this information is secure and subject to tough laws but still there is no confirmed way of saying that this information cannot be leaked. Google for example tries to offer a personalized service with using that data. Once you email someone you are providing them with your name, other than that all the information that is sent in the email can also is accessed. Random monitoring of everyone’s emails is an extremely tough task and also against privacy. However due to certain laws ISPs are given the right to check a suspects emails and communication. In 2010 a court order (U.S v Warshak) did decide that even thought ISPs have the right to access private emails, for government access a search warrant will be required. 3) Browsing: Even simple browsing invades an user’s privacy. Browsers often store information like passwords, logins, frequently visited websites. The biggest threat to privacy is ‘cookies’ that store personal information. Browser developers, marketers, advertisers all argue that cookies are beneficial for the user as they provide a level of comfort; everything is then personalized according to previous choices. They say that internet browsing experience becomes much better when cookies are enabled. In fact if a person does disable cookies any sites do not work properly or all functions cannot be accessed. 4) Search engines: Search engines have the capability to store the search queries a user makes. These saved queries can also be later divulged to law enforcement agencies. One unique problem here is that anything innocently searched can also be twisted to reflect a harmful meaning. Search engines argue that it is because they want to perform their duties better, enable faster search that these queries are stored. All the information taken from above mentioned sources is bits and pieces, if this information is combined together then a person and his intentions can truly be identified and that is when privacy becomes at risk. 5) Social networking: Social networking is the latest threat to internet privacy. This networking however is the total responsibility of the user himself. All the information posted online, all the images uploaded are his or her own property and it is up to them to what to reveal online. More often than not there is over sharing on these social websites and they are up for viewing by any random individual. Another aspect that users are unaware of is that every thing they have uploaded is stored on the internet even after they delete it. No matter how many private settings one adds to the profile there is always a chance of information leaking out. Sites like Facebook constantly keep updating their privacy settings which make it harder for everyone to keep up and more often than not they are not even aware of how to protect themselves online. It has now become customary for employers, government agencies to do a background online search for every person. Usually they find out a lot from social networking profiles, and loads of times they have access to information that is not going to be in any person’s favour. Laws for internet privacy: USA Patriot act: This is perhaps the most important individual act related to internet privacy. Passed by the Congress under George W Bush’s government, this act was passed after the attacks of September 11, 2001. It made it easier for government to access records about online activities. It helps in expanding the types of records that can be sought by the government without the required court order. Basically the meaning for this act was to reduce any chance of terrorist attacks by accessing any incriminating information beforehand. This Act enables the government to intercept any communications online and improves their chances of catching any illegal activities Ecommerce is one online activity that the act does not touch on directly. However activities like money laundering and financial funding of terrorism activities is stated in the act, that the government has the right to investigate and suspicious financial transaction that takes place online. The provisions of this act that relate directly to internet privacy are that cable companies and ISPs have the right to divulge information about an individual if they deem it dangerous enough. Any information can be subpoenaed. Electronic communication can be intercepted and tapped. This act was later amended in 2006 by homeland security, relaxing restrictions on ISPs as to when and to who are they allowed divulging information. Children’s Online Privacy Protection Act (COPPA), This act was during the Clinton Administration. Congress and the Federal trade commission focused their attention on protecting privacy of children under 13. Children are the most vulnerable group on internet, not only they are unaware of risks posed online, there are sex offenders and paedophiles out there with harmful intentions. The law became effective in April 2000. It was made compulsory for commercial websites to ask for parental consent for collecting and disclosing any personal information from children. Gramm-Leach-Bliley Act This act was signed by President Clinton; it includes several provisions that help in protecting consumer data. All financial institutions and organizations do have to have policies and safety procedures to insure the confidentiality of consumer data. Employee E-mail Communications and Internet Access: Different states have different laws and regulations regarding the behaviour of employers towards employee internet usage. At this time Connecticut and Delaware have laws that require employers to give employees prior notice that they will be regulating the internet traffic. Latest events: Recently Senators John Kerry and John McCain have also called for a law to be drafted that protects consumers’ privacy online and offline. The bill is named ‘Commercial privacy Bill of Rights Act of 2011’. It helps in restricting sharing of sensitive data, gives the consumers a right to opt out of sharing data with third parties. Obama administration also called for a legislation to protect consumers’’ privacy in March 2011. They want to create a bill of rights for internet users to protect their data online. Any data shared would need voluntary consent. The companies must tell what data they are collecting and for which purposes. If the consumer does consent then only the data can be shared, even after that if the consumer finds out that the data has been used wrongly they have a right to break off their ties with that particular company. The latest bill is called The Protecting Children from Internet Pornographers Act of 2011. This has so far been passed by a committee but hasn’t gone before the full House yet. What critics say about this bill is that instead of targeting pornography this act basically targets every single user of internet. Law enforcement agencies just need to suspect a person of such activities and they will have a right to access their data. Every person this way can be regarded as a criminal and will be liable to share their data. Another risk this bill poses is that since everyone’s data is accessible this data can be used for wrong purposes, not just for controlling child pornography. It will be affecting other areas of lives as well. Conclusion: The notion of internet privacy is a very controversial one. Critics say that this is a concept that cannot exist at all while others argue that it is an individuals right to keep personal information private. Both sides do have valid points but at the end of the day data is accessible to all on internet and due precautions must be taken to protect it. Several internet privacy laws have been introduced to protect a consumer’s privacy. Government usually has been in favour of privacy, it was due to the September 11 attacks that the invasive Patriot act was passed by George Bush. Since then the Obama administration has been supportive of internet privacy, and also in the congress both republicans and democrats do want to protect individual’s rights. However marketers and law enforcement agencies do argue that they should be allowed access to data as according to them it is for the individual’s own betterment. Better services can be provided to customers, they can be protected and eventually the whole nation’s security is at stake. REFRENCES: Smith, Marcia S. The Internet and the Usa Patriot Act: Potential Implications for Electronic Privacy, Security, Commerce, and Government. Washington, D.C.: Congressional Research Service, Library of Congress, 2002. Print. Smith, Marcia S. Internet Privacy: Overview and Pending Legislation. Washington, D.C.: Congressional Research Service, Library of Congress, 2004. Print. Smith, Marcia S. Internet Privacy: Overview and Legislation in the 109th Congress, 1st Session. Washington, D.C.: Congressional Research Service, Library of Congress, 2006. Print. "Online Privacy: Using the Internet Safely | Privacy Rights Clearinghouse." Privacy Rights Clearinghouse | Empowering Consumers. Protecting Privacy. Web. 18 Nov. 2011. . Zimmerman, Rachel. THE WAY THE “COOKIES” CRUMBLE: INTERNET PRIVACY AND DATA PROTECTION IN THE TWENTY-FIRST CENTURY. Rep. 2000-2001. Print. Friedersdorf, Conor. "The Legislation That Could Kill Internet Privacy for Good." The Atlantic. 1 Aug. 2011. Web. 18 Nov. 2011. . EPIC - Senators Kerry and McCain Introduce Internet Privacy Legislation." EPIC - Electronic Privacy Information Center. Web. 18 Nov. 2011. . Smith, Marcia S. Terrorism: Internet Privacy; Law Enforcement Monitoring of E-Mail and Web Usage. Washington, D.C.: Congressional Research Service [Library of Congress, 2001. Internet resource. McTigue, Deborah M. "Marginalizing Individual Privacy on the Internet." Boston University Journal of Science & Technology Law. 1 June 1999. Web. 18 Nov. 2011. George F., How important is privacy when using social networks? Linkedin, March 2011. Accessed on June 7th, 2011 from Read More