Right to Privacy

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School

California State University, Chico *

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Course

101

Subject

Computer Science

Date

Jan 9, 2024

Type

docx

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Uploaded by DrNewt2032

Right to Privacy Emmett J Norris Grand Canyon University CYB-220 Truly Moore 10/22/23

Right to Privacy Abstract This article highlights how the ECPA and SCA regulate data collection in the U.S., but faces challenges from complex user agreements and emerging tech like facial recognition. To protect privacy, individuals can read agreements, use encryption, and support stricter privacy laws. Organizations should prioritize informed consent, data security, and user preferences. Collaboration is key to balancing data innovation with privacy for the average and professional user. Main Essay The Electronic Communications Privacy Act (ECPA), encompassed in 18 USC 2510-22, and the Stored Communications Act (SCA) under 18 USC 2701-12, play a crucial role in governing the collection, analysis, and transmission of consumer and user data in the United States. These laws lay the foundation for safeguarding privacy in the digital age by regulating how electronic communications and stored data are accessed and protected. However, user agreements, technological advancements, legal cases, and ethical considerations have introduced complex dynamics into the ever-evolving landscape of data privacy. User agreements, often overlooked due to their lengthy terms and conditions, can undermine user privacy by giving companies extensive access to personal data without users' full understanding. Facebook's complex Terms of Service, which grant the company broad permissions, serve as a good example. In 2019, Facebook was fined $5 billion by the FTC due to privacy violations linked to the Cambridge Analytica scandal, underscoring the dangers of user agreements that prioritize corporate interests over user privacy (Commision, 2019) . This example

has unfortunately happened countless times across many users over various companies. Unfortunately, it does not stop there. Many smart devices that people use in their daily lives now are capable of harvesting one’s personal data without realizing it (George Chalhoub, 2020) . Smart devices like the latest and greatest smart phone or even the fancy new smart fridge that have built in microphones are constantly listening and gathering information for their parent company to use to market and sell. Facial recognition is another big issue that can be used and, in some cases, has been used to lock up people in prison (Genia Kostka, 2021) . Both of these combined works together with modern machine learning to analyze your private data and prepare calculated ad strikes and best ways to market your data to sell to other companies to use to market their own products. While it can seem daunting that most companies and smart devices are just harvesting and mining our data, there can still be ways to protect one’s self from these threats on today’s world. To protect one’s personal information in the digital age, individuals should first meticulously and thoroughly read and comprehend user agreements, ensuring that they are aware of the data collection and usage. Second, implementing encryption tools and robust, unique passwords enhances security for digital communications and accounts, thwarting unauthorized access to personally identifiable information. A strong starting point is to include both upper and lower case letters, a number and a special character symbol to enhance the strength of the password. Additionally, advocating for stronger data privacy laws is essential. Anyone can bolster legislative initiatives to fortify data protection measures. This entails advocating for stricter regulations and actively engaging with advocacy organizations committed to upholding digital rights. However the same is said about the opposition. Due to this, it is best that everyone be aware that comapanies have been to court and even before Congress to explain what they are

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doing with your information (George Chalhoub, 2020) . It is best to best to speak up about better data privacy practices, use safer and more secure passcodes and thoroughly read all terms and conditions to make sure you know what you are agreeing to. Organizations are ethically expected to adhere to rigorous standards when handling personal data, as demonstrated by the FTC's actions in the case of Compete, Inc. Key principles for organizations include prioritizing informed consent by obtaining explicit and informed permission from users, ensuring they comprehend data usage purposes. Also implementing strong data security measures, like encryption and regular audits, is crucial to protect personally identifiable information (PII) from breaches and unauthorized access. Another thing to consider is respecting user preferences is essential, allowing users to have control over and modify their data-sharing settings and opt out of specific data collection practices as per their wishes. These are the expectations that should be placed on organiztions from an ethical standpoint. Matthew 7:12 (NIV) states, "So in everything, do to others what you would have them do to you, for this sums up the Law and the Prophets." This biblical principle underlines the importance of treating individuals with dignity and respecting their autonomy, including their privacy. A Christian worldview perspective would emphasize the responsibility of organizations to prioritize consent, security, and user control, aligning with the broader human rights framework. Perhaps this could even go as far as to push companies to not seek out private data at all. Compared to a traditional view, this is a lot more conservative and protective of one’s image and thoughts. In conclusion, the Electronic Communications Privacy Act (ECPA) and the Stored Communications Act (SCA) serve as crucial pillars in the regulation of data collection, analysis, and transmission in the United States, forming the bedrock for privacy protection in the digital age. However, the landscape of data privacy is constantly changing as technology evolves. User

agreements, often buried in lengthy terms and conditions, can ruin or even destroy user privacy by granting companies extensive access to personal data without users' full comprehension, as showcased by the complex Terms of Service employed by companies like Facebook. To address these challenges, individuals can protect their data by reading user agreements, using encryption and strong passwords, and advocating for stricter data privacy laws. Organizations should prioritize informed consent, enhance data security, and respect user preferences, guided by the principle of treating others as they would like to be treated. Lastly, collaboration between individuals, organizations, and policymakers is crucial to balance data innovation with protecting individual privacy for a more ethical and secure digital future. With hope, the way the a user’s private information is collected and used will change in time but only time will tell. References

Commision, F. T. (2019, July 24). FTC Imposes $5 Billion Penalty and Sweeping New Privacy Restrictions on Facebook . Retrieved from FTC.Gov: https://www.ftc.gov/news-events/news/press-releases/2019/07/ftc-imposes-5-billion- penalty-sweeping-new-privacy-restrictions-facebook Genia Kostka, L. S. (2021, March 26). Between security and convenience: Facial recognition technology in the eyes of citizens in China, Germany, the United Kingdom, and the United States . Retrieved from Journals.sagepub.com: https://journals.sagepub.com/doi/full/10.1177/09636625211001555 George Chalhoub, I. F. (2020, July 10). “Alexa, Are You Spying on Me?”: Exploring the Effect of User Experience on the Security and Privacy of Smart Speaker Users . Retrieved from liink.springer.com: https://link.springer.com/chapter/10.1007/978-3-030-50309-3_21 Mathew. (N\A). In Mathew, Bible (p. 7:22).

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