IT485_Slides

IT485_Slides - Introduction: Chapter 1 Information Privacy,...

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Introduction: Chapter 1 Information Privacy, Technology, And the Law
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Information Privacy : A Brief History Colonial Times Some limited legal protection of privacy Laws against “eavesdropping” Privacy in the home, a man’s home is his…… Central theme around revolution was freedom from government intrusion Founders detested use of general warrants and writs of assistance Bill of Rights reflects this in 3 rd , 4 th and 5 th amendments
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Nineteenth Century Census and Government Records This becomes the primary recordkeeping by government of personal information Mail Who started the postal service? Fears of mail opening by government employees led to laws eventually criminalizing disclose, destruction, etc. of mail Supreme Court in 1877 held that 4 th amendment prohibited the gov’t from opening letters without a warrant
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Telegraph Communications New technology in the 1800’s Tapping technology followed in short order Both gov’t for military use and private companies for commercial gain Congress was slow to react, a number of states passed laws Boyd case: 4 th and 5 th amendment issues.
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Warren and Brandeis: The Right to Privacy 1890 article in the Harvard Law Review Driven by expanding media, namely newspapers in the second half of the 19 th century Increasingly scandalous & sensationalized stories about personal lives So-called yellow journalism They believed press was overbroad
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Also concerned with another new technology, the handheld camera Saw the confluence of these two technologies and foresaw major privacy problems There currently was no remedy in law Concluded that privacy rights could be legally created by law Action of tort damages is the remedy
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Question 1) What are Warren and Brandeis attempting to accomplish?
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Recognition of Warren & Brandeis's Privacy Torts Twentieth Century William Prosser and the Restatement of Torts. In 1960, renowned tort scholar William Prosser surveyed the over 300 privacy cases that were spawned by the Warren and Brandeis article. Prosser concluded that the cases recognized four distinct torts: (1) intrusion upon seclusion; (2) public disclosure of private facts; (3) false light or “publicity”; and (4) appropriation
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Intrusion upon Seclusion One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.
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Public Disclosure of Private Facts One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that (a) would be highly offensive to a reasonable person, and (b) is not of legitimate concern to the public.
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False Light One who gives publicity to a matter concerning
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This note was uploaded on 12/09/2009 for the course CS 431,430,48 taught by Professor Scher,statica during the Spring '09 term at NJIT.

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IT485_Slides - Introduction: Chapter 1 Information Privacy,...

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