Ethics for the Information Age, Chapter 6, Privacy and the Government (PDF)

Ethics for the Information Age Eighth Edition Chapter 6 Privacy and the Government Copyright © 2020, 2017, 2015 Pear...

Ethics for the Information Age Eighth Edition Chapter 6 Privacy and the Government Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Learning Objectives (1 of 2) 6.1 Introduction 6.2 US legislation restricting information collection 6.3 Information collection by the government 6.4 Covert government surveillance 6.5 US legislation authorizing wiretapping 6.6 USA PATRIOT Act Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Learning Objectives (2 of 2) 6.7 Regulation of public and private databases 6.8 Data mining by the government 6.9 National identification card 6.10 Information dissemination 6.11 Invasion Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved 6.1 Introduction Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved A Balancing Act Federal, state, and local governments in United States have had significant impact on privacy of individual Americans Government must balance competing desires of citizens – desire to be left alone – desire for safety and security Impact of attacks of September 11, 2001 – Public concerns about national security rose sharply – Less concern about abuses of presidential power, as in Watergate scandal Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Solove’s Taxonomy of Privacy Information collection: Activities that gather personal information Information processing: Activities that store, manipulate, and use personal information that has been collected Information dissemination: Activities that spread personal information Invasion: Activities that intrude upon a person’s daily life, interrupt someone’s solitude, or interfere with decision- making Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved 6.2 US Legislation Restricting Information Collection Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Employee Polygraph Protection Act Passed in 1988 Prohibits private employers from using lie detector tests under most conditions Cannot require test for employment Exceptions – Pharmaceutical companies and security firms may give test to certain classes of employees – Employers who have suffered a theft may administer tests to reasonable suspects – Federal, state, and local governments exempt Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Children’s Online Privacy Protection Act Reduces amount of public information gathered from children Online services must gain parental consent before collecting information from children 12 and under Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Genetic Information Nondiscrimination Act Health insurance companies – Can’t request genetic information – Can’t use genetic information when making decisions about coverage, rates, etc. – Doesn’t apply to life insurance, disability insurance, long-term care insurance Employers – Can’t take genetic information into account when hiring, firing, promoting, etc. – Small companies (< 15 employees) are exempt Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved 6.3 Information Collection by the Government Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Census Records Census required by US Constitution to ensure every state has fair representation Number of questions steadily rising Statistical sampling used since 1940 – about 5% of population gets a form with more questions Sometimes Census Bureau has broken confidentiality requirement – World War I : draft resistors – World War II : Japanese-Americans Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved World War II Internment After the Japanese attack on Pearl Harbor, the Army used information illegally obtained from the Census Bureau to found up Japanese Americans and send them to internment camps. (National Archives, file #210-G-3B-414) Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Internal Revenue Service Records The 16th Amendment to the US Constitution gives the federal government the power to collect an income tax IRS collects more than $2 trillion a year in income taxes Income tax forms contain a tremendous amount of personal information: income, assets, to whom you make charitable contributions, medical expenses, and more Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved FBI National Crime Information Center 2000 NCI C – Collection of databases related to various crimes – Contains > 39 million records Successes – Helps police solve hundreds of thousands of cases every year – Helped F B I tie James Earl Ray to assassination of Dr. Martin Luther King, Jr. – Helped F B I apprehend Timothy McVeigh for bombing of federal building in Oklahoma City Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Arrest of Timothy McVeigh The National Crime Information Center facilitated the arrest of Timothy McVeigh for the 1995 bombing of the Federal Building in Oklahoma City. (Ralf-Finn Hestoft/Corbis Premium Historical/Getty Images) Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved OneDOJ Database Database being constructed by US Department of Justice Gives state and local police officers access to information provided by five federal law enforcement agencies – Incident reports – Interrogation summaries – Other information not available through NCIC Criticisms – OneDOJ gives local police access to information about people who have not been charged with a crime – There is no way to correct misinformation in raw police reports Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Closed-Circuit Television Cameras First use in Olean, New York in 1968 Now more than 30 million cameras in US New York City’s effort in lower Manhattan – $201 million for 3,000 new cameras – License plate readers – Radiation detectors Effectiveness of cameras debated Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Boston Marathon Bombing Suspects After the Boston Marathon bombing, images from surveillance cameras played an important role in the apprehension of the suspects. (F BI/Law Enforcement Bulletin) Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved License-Plate Scanners More than 70% of police departments in United States use license-plate scanners – Mounted on police cars, parking enforcement vehicles, road signs, toll gates, bridges American Civil Liberties Union (A C L U): Wrong for police to collect data about citizens who are not criminal suspects How long information kept varies – Minnesota state patrol: 48 hours – Milpitas, California: indefinitely A few states restrict use of scanners Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Police Drones Hundreds of police departments in U S operate small unmanned drones FAA puts restrictions on use – Weigh no more than 25 pounds – Fly no higher than 400 feet – Be flown during daylight within view of operator Public opinion mixed – Yes: Search and rescue – No: Identify speeders Should police be required to get a search warrant before surveillance of a residence? Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Police Drone Surveillance Platform Some police departments have acquired small unmanned drones to serve as surveillance platforms. (Jarp5/123RF) Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved 6.4 Covert Government Surveillance Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved 4th Amendment to US 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.” Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Wiretaps and Bugs Omstead v. United States – Supreme Court rules wiretapping without a search warrant OK Federal Communications Act - wiretapping made illegal without a search warrant Nardone v. United States – Supreme Court rules search warrant needed for wiretapping Attorney General declared FBI would cease wiretapping FBI continues secret wiretapping Katz v. United States – Supreme Court rules search warrant needed in order to place a bug (hidden microphone) Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Operation Shamrock Continuation of World War II interception of international telegrams National Security Agency created in 1952, took over operation Expanded to telephone calls Kennedy – Organized crime figures – Cuba-related individuals and businesses Johnson and Nixon – Vietnam war protesters Nixon – War on drugs Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Carnivore Surveillance System Created by FBI in late 1990s Monitored Internet traffic, including email exchanges Carnivore = Windows PC + “packet-sniffing” software Captured packets going to/from a particular IP address Used about 25 times between 1998 and 2000 Replaced with commercial software Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Covert Activities After 9/11 September 11, 2001 attacks on World Trade Center and Pentagon President Bush authorized new, secret, intelligence- gathering operations inside United States Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved National Security Administration Wiretapping President Bush signed presidential order – OK for N S A to intercept international phone calls & emails initiated by people inside US – No search warrant required Number of people monitored – About 500 people inside US – Another 5,000-7,000 people outside US Two al-Qaeda plots foiled – Plot to take down Brooklyn bridge – Plot to bomb British pubs and train stations Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved TALON Database Created by US Department of Defense in 2003 Supposed to contain reports of suspicious activities or terrorist threats near military bases Reports submitted by military personnel or civilians Reports assessed as “credible” or “not credible” by military experts Reports about anti-war protests added to database Many of these reports later deleted from database In 2007 new Under Secretary of Defense for Intelligence recommended that TALON be terminated Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved 6.5 US Legislation Authorizing Wiretapping Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Title III Part of Omnibus Crime Control and Safe Streets Act of 1968 Allows a police agency with a court order to tap a phone for up to 30 days In 1972 US Supreme Court again rejected warrantless wiretapping, even for national security Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Foreign Intelligence Surveillance Act F I S A provides judicial and congressional oversight of covert surveillance of foreign governments and agents Allows electronic surveillance of foreign nationals for up to one year without a court order Amended in 2007 to allow government to wiretap communications to/from foreign countries without oversight by FISA Court Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved PRISM Program Documents provided by Edward Snowden revealed N S A had obtained access to servers at Microsoft, Yahoo, Google, Facebook, YouTube, Skype, AOL, and Apple P R I S M program enabled N S A to access email messages and monitor live communications of foreigners outside United States All companies contacted by the Guardian denied knowledge of the PRISM program Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Electronic Communications Privacy Act Passed by Congress in 1986 Allows police to attach two kinds of surveillance devices to a suspect’s phone line – Pen register: displays number being dialed – Trap-and-trace device: displays caller’s phone number Court order needed, but prosecutors do not need to show probable cause Allows police to do roving wiretaps (following suspect from phone to phone) Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Stored Communications Act Part of Electronic Communications Privacy Act Government does not need a search warrant to obtain from an Internet service provider email messages more than 180 days old Advent of cloud computing raises new privacy concerns – Most people now allow their ISP to store their email Digital Due Process organization (nearly 50 companies and privacy rights organizations) lobbying Congress to change law Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Communications Assistance for Law Enforcement Act Passed in 1994 Designed to ensure police can still do wiretapping as digital networks are introduced F B I asked for new abilities, such as ability to intercept digits typed by caller after phone call placed Federal Communications Commission included these capabilities in its guidelines to phone companies Privacy-rights advocates argued that new capabilities went beyond Congress’s intent Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved 6.6 USA PATRIOT Act Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved USA PATRIOT Act (1 of 2) Passed after terrorist attacks of September 11, 2001 Provisions – Greater police authority to monitor communications – Greater powers to regulate banks – Greater border controls – New crimes and penalties for terrorist activity Critics say Act undermines 4th Amendment rights – Pen registers on Web browsers – Roving surveillance – Searches and seizures without warrants – Warrants issued without need for showing probable cause Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved USA PATRIOT Act (2 of 2) (McClatchy-Tribune Information Services (M CT)) Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved National Security Letters FBI can collect Internet, business, medical, educational, library, and church/mosque/ synagogue records without showing probable cause FBI issues a National Security Letter stating the records are related to an ongoing investigation; no approval from judge needed Gag orders prevent recipients (e.g., libraries) from disclosing receipt FBI issued 50,000 National Security Letters a year between 2003 and 2006 Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved PATRIOT Act Successes Charges against 361 individuals – Guilty pleas or convictions for 191 people – Shoe-bomber Richard Reid – John Walker Lindh More than 500 people removed from United States Terrorist cells broken up in Buffalo, Seattle, Tampa, and Portland (“the Portland Seven”) Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved PATRIOT Act Failure: Case of Brandon Mayfield March 11, 2004 terrorist bombings in Madrid Spain FBI makes Brandon Mayfield a suspect – Claims partial fingerprint match – Conducts electronic surveillance – Enters home without revealing search warrant – Copies documents and computer hard drives – Arrests Mayfield as a material witness and detains him for 2 weeks Spanish authorities match fingerprint with an Algerian Judge orders Mayfield released FBI apologizes for fingerprint misidentification Government issues formal apology and pays Mayfield $2 million Civil rights groups: Mayfield was targeted for his religious beliefs Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Long-Standing NSA Access to Telephone Records (1 of 2) Edward Snowden leaked documents to the Guardian newspaper Guardian revealed Foreign Intelligence Surveillance Court had ordered Verizon to provide NSA with all of its telephone metadata for 3-month period in 2013 (date, time, location, and length of call, but not contents of call) Guardian critique: NSA’s mission now “focuses increasingly on domestic communications” Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Long-Standing NSA Access to Telephone Records (2 of 2) May 2015: Federal court ruled NSA’s program was illegal June 2015: Congress passed a reform, called the USA Freedom Act, requiring agencies to obtain a court order before accessing metadata Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved 6.7 Regulation of Public and Private Databases Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Genesis of Code of Fair Information Practices 1965: Director of Budget asked committee of economists to look at problems caused by decentralization of statistical data across federal agencies Committee recommended creation of a National Data Center Citizens and legislators expressed concerns about possible abuses of such a system Another group formed to draft guidelines for government databases Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Code of Fair Information Practices 1. No secret databases 2. People should have access to personal information in databases 3. Organizations cannot change how information is used without consent 4. Database owners, users resPeople should be able to correct or amend records 5. ponsible for reliability of data and preventing misuse Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Privacy Act of 1974 Falls Short Applies only to government databases Only covers records indexed by a personal ID No federal employee responsible to enforcing Privacy Act provisions Allows agencies to share records with other agencies Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Legislation for Private Institutions Fair Credit Reporting Act Fair and Accurate Credit Transactions Act Financial Services Modernization Act Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Fair Credit Reporting Act Promotes accuracy and privacy of information used by credit bureaus Major credit bureaus: Equifax, Experian, Trans Union Negative information kept only 7 years Exceptions – Bankruptcies: 10 years – Criminal convictions: indefinitely Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Fair and Accurate Credit Transactions Act Passed in 2004 Requires three major credit bureaus to provide consumers a free copy of their credit report every 12 months Not automatic: consumers must request credit reports Provisions to reduce identity theft Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Financial Services Modernization Act Also called Gramm-Leach-Bliley Act of 1999 Creates “financial supermarkets” offering banking, insurance, and brokerage services Privacy-related provisions – Privacy policies must be disclosed to customers – Notices must provide an opt-out clause – Companies must develop procedures to protect customers’ confidential information Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved 6.8 Data Mining by the Government Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Definition of Data Mining Data mining: Process of searching through one or more databases looking for patterns or relationships among the data Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Internal Revenue Service Audits Internal Revenue Service uses computer matching and data mining to look for possible income tax fraud Computer matching: matching tax form information with information provided by employers, banks, etc. Data mining: searching through forms to detect those that appear most likely to have errors resulting in underpayment of taxes Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Syndromic Surveillance Systems Syndromic surveillance system: A data mining system that searches for patterns indicating the outbreak of an epidemic or bioterrorism – 911 calls – emergency room visits – school absenteeism – Internet searches Example: A system in New York City detected an outbreak of a virus in 2002 Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Telecommunications Records Database (1 of 2) Created by National Security Agency after 9/11 Contains phone call records of tens of millions of Americans NSA analyzing calling patterns to detect terrorist networks Phone records voluntarily provided by several major telecommunications companies USA Today revealed existence of database in May 2006 Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Telecommunications Records Database (2 of 2) Several dozen class-action lawsuits filed August 2006: Federal judge in Detroit ruled program illegal and unconstitutional July 2007: US Court of Appeals overturned ruling, saying plaintiffs did not have standing to bring suit forward Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Predictive Policing Hypothesis: Criminals behave in a predictable way – Times of crimes fall into patterns – Some areas have higher incidence of crimes Predictive policing: use of data mining to deploy police officers to areas where crimes are more likely to occur Police in Santa Cruz and Los Angeles saw significant declines in property crime Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Potential Harms of Profiling Government security agencies supposed to protect nation from harm What if an erroneous profile characterizes an innocent citizen as a potential terrorist? May be impossible to explain how an algorithm has put someone on the watch list US government’s terrorist watch list now contains 1.5 million names How can innocent people clear their names? Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved 6.9 National Identification Card Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Social Security Number Social Security cards first issued 1936 Originally used only for Social Security purposes Use of SSN has gradually increased SSN is a poor identification number – Not unique – Rarely checked – No error-detecting capability Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Arguments for National ID Card Current ID cards are second-rate Would reduce illegal entry to US Would prevent illegal aliens from working Would reduce crime Other democratic countries have national ID cards Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Arguments Against National ID Card No card positively guarantees identification – Even a hard-to-forge I D card can be compromised by insiders No biometric-based system is 100% accurate No evidence it will reduce crime Makes government data mining simpler Make law-abiding people more vulnerable to fraud and indiscretions Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved The Real ID Act Signed in May 2005, but implementation has been slow Significantly changes driver’s licenses in the United States New licenses – Required to open bank account, fly on commercial airplane, or receive government service – Requires applicants to supply 4 different IDs – Contains a biometric identifier – Must contain data in machine-readable form Most states have come into compliance; rest have received extensions from the Department of Homeland Security Real I D-compliant driver’s licenses needed by October 2020 in order to use as them as IDs for domestic airline flights Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Possible Consequences of New Licenses Better identification means better law enforcement People won’t be able to change identities – Parents ducking child support – Criminals on the run Could centralized databases lead to more identity theft? Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved 6.10 Information Dissemination Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Information Dissemination Legislation to restrict information dissemination – Family Education Rights and Privacy Act – Video Privacy Protection Act – Health Insurance Portability and Accountability Act Examples of information dissemination – Freedom of Information Act – Toll booth records used in court Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Family Education Rights and Privacy Act (FERPA) Rights given to – Students 18 years and older – Parents of younger students Rights include – Reviewing educational records – Requesting changes to erroneous records – Preventing release of records without permission Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Video Privacy Protection Act Videotape service providers cannot disclose rental records without consumer’s written consent Rental stores must destroy personal information related to rentals within a year of when it is no longer needed Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Judge Robert Bork Judge Robert Bork, a nominee to the U S Supreme Court, had to endure the publication of his video rental records by the Washington City Paper. (A P Photo/Charles Tasnadi) Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Health Insurance Portability and Accountability Act Limits how doctors, hospitals, pharmacies, and insurance companies can use medical information Health care providers need signed authorization to release information Health care providers must provide patients with notice describing how they use medical information Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Freedom of Information Act Federal law designed to ensure public has access to U S government records Signed by President Johnson (1966) Applies only to executive branch Nine exemptions – Classified documents – Trade secrets or financial information – Documents related to law enforcement investigations Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Toll Booth Records Used in Court E-ZPass: an automatic toll-collection system used on most toll roads, bridges, and tunnels between Illinois and Maine Drivers with E-ZPass tags pass through without stopping to pay attendant Records have been provided in response to court orders in criminal and civil cases Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Carpenter v. United States (1 of 3) Series of nine armed robberies in 2010-11 – Radio Shack and T-Mobile stores in Detroit area – Gangs made off with sacks of cell phones Police arrested four suspects in 2011 – One confessed and named Timothy Carpenter as ringleader Police obtained Carpenter’s cell phone records under the Stored Communications Act (no warrant required) – Two wireless providers supplied 127 days of location records – 12,898 location points in all (101 points per day) Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Carpenter v. United States (2 of 3) Prosecutors charged Carpenter with 6 counts of robbery, 6 counts of possessing a firearm during a violent crime – Used cell phone location evidence to show Carpenter was near stores that were robbed Carpenter’s lawyer argued seizure of cell phone location records violated the 4th amendment to the US Constitution, but judge denied the motion under third party doctrine, namely: – Can’t expect information voluntarily given to third parties to remain private Carpenter found guilty and sentenced to more than 100 years in prison Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Carpenter v. United States (3 of 3) Appeal to US Supreme Court Supreme Court ruled 5-4 in favor of Carpenter Majority: Prosecutors erred when “mechanically applying third-party doctrine to this case” Cell phone numbers not “shared” in normal sense of word Location information obtained from Carpenter’s wireless carriers was a search – Prosecutors should have had a warrant – They violated Carpenter’s 4th Amendment rights Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved 6.11 Invasion Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Invasion Government actions to prevent invasion – Do Not Call Registry – CALM Act Invasive government actions – Requiring identification for pseudoephedrine purchases – Advanced Imaging Technology scanners at airports Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved National Do Not Call Registry FTC responded to public opinion – Created Do Not Call Registry in 2003 – More than 50 million phone numbers registered before it even took affect Example of how privacy is treated as a prudential right – Benefit of shielding people from telemarketers judged to be greater than harm caused by limiting telephone advertising Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved CALM Act Television watchers complained to F C C about loud commercials for 50 years CALM Act signed by President Obama in 2010 Required F C C to ensure television commercials are played at same volume as programs they are interrupting Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Requiring ID for Pseudoephedrine Purchases Pseudoephedrine an ingredient of Sudafed and other cold medications It is also an ingredient of methamphetamine (“meth”) Federal and state governments have passed laws limiting access to pseudoephedrine – Limits quantity that can be purchased in a month – Identification and signature required for purchase in most states Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Advanced Imaging Technology Scanners Transportation Security Administration began installing A I T scanners in 2007 AIT scanners revealed anatomical features Electronic Privacy Information Center sued government in 2010, saying systems violated 4th Amendment and various laws T S A announced it would develop new software that would replace passenger-specific images with generic outlines All body scanners producing passenger specific images removed in 2013 Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Advanced Imaging Technology Scanner When the first advanced imaging technology scanners were deployed in American airports, they revealed anatomical features in great detail. (Paul Ellis/A FP/Getty Images) Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Summary Constitutional guarantees in Bill of Rights sometimes conflict with desires of law enforcement agencies to gather evidence that can help them deter crime or capture criminals Three branches of government struggle with finding right balance between competing concerns Pursuing their objectives, US law-enforcement or national security agencies have sometimes broken federal laws or violated US Constitution Once every US state brings its driver’s license into compliance with Real ID Act, United States will have de facto national identification card Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Copyright This work is protected by United States copyright laws and is provided solely for the use of instructors in teaching their courses and assessing student learning. Dissemination or sale of any part of this work (including on the World Wide Web) will destroy the integrity of the work and is not permitted. The work and materials from it should never be made available to students except by instructors using the accompanying text in their classes. All recipients of this work are expected to abide by these restrictions and to honor the intended pedagogical purposes and the needs of other instructors who rely on these materials. Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved