Michael Rowley English 2010 Privacy What is it?

Introduction:

In our day there are many places where we are asked to share information. This can be a

phone number to get a discount at a grocery store, to sharing our emails at work. With the ever-

growing use of the internet we have also seen the growth of social media sites like Facebook,

Twitter, etc.…; places designed to enable us to share just about any aspect of our lives with

everyone. However, with the increase of ways by which we can share information there has also

be increase in ways to monitor the use and passing of information. While recognizing the need to

be monitored for security, from increasing outside threats such as terrorism and ever-increasing

crime rates, we also have the idea of our need to keep our personal lives away from the eyes of

others not wanting the disclosure of everything we do and say shared to the worlds ever

glimpsing view. In seeing this, this literature has been done to better examine how privacy is

viewed and defined in society.

Method:

In researching the topic of Privacy, the guiding questions i asked was, What is Privacy?

and how is the idea of privacy defined by society. To find relevant information, I often used

articles from news sites were examined. I also used Salt Lake Community College Library to

seek out relevant articles pertaining to this topic. Words i used to find articles connected with

this discussion included typing in privacy vs discretion, privacy and Technology, privacy vs

security, and privacy. At first articles were examined as they pertained to the discussion of

security and privacy, however as more was examined a greater discussion was noticed to be

missing. To seek out the larger discussion I included articles discussing privacy as relating to the
law and third parties use of that information. Most articles were determined relevant if they

included in their title privacy and the discussion to which they belonged. This helped to narrow

down articles to be more likely discussing the topic of privacy.

Findings:

The discussion of privacy often revolved around four major points. The first major

discussion revolves around defining what privacy is. The second focus’s predominantly around

laws and regulations and how they affect and define privacy in our everyday lives. The third part

of the discussion is of how people’s beliefs of privacy often differ from how they act in sharing

their privacy. The last discussion found occurring is that of security and privacy. That is to

whether we should give privacy greater precedence than our safety and vice versa. It’s important

to note that the first part of the discussion that is, giving a definition to privacy, can be found as

playing a major point of discussion within each of the other aspects.

Defining Privacy

No discussion of privacy can occur until a definition of privacy has been established.

Sullivan describes how privacy is an elusive concept that what one person believes as being

private another sees as suppression of free speech or as an attack of free enterprise and

marketing. (Sullivan, 2013) The concept of privacy has become further blurred by the increase in

use of technology with technology enabling the sharing of information in ways previously

unheard or thought of. (LITT, 2013) Kimmel describes how we live in an online world that

already has allot our data online and being collected. (Stevens,2018) In the article “PRIVACY

IN E-COMMERCE: Stated Preferences vs. Actual Behavior” The authors describe how the idea
of a “transparent human is up for grabs” because of the increased use of electronic

communication. (Berendt, Günther, & Spiekermann, 2005)

Privacy is often defined by society based on societies expectations and ideas of what is

normal at that time. (Twomey,2015; LITT, 2013; Winner, 2017) This means that there isn’t a set

definition as it will vary with what societies expectations are at that time. However, in trying to

find a common definition to privacy many people describe privacy as the right to be left alone.

(LITT,2013; Sullivan, 2013; Berendt, Günther and Spiekermann,2005)

Law and Privacy

Law Plays a major role in defining Privacy. Law is a fundamental part of any country

designed to protect both the nation creating it and those people to whom the nation overseers.

Bruce Schnier describes that “privacy is an inherent human right, and a requirement for

maintaining the human condition with dignity and respect.” (Schnier, 2006) Though no right of

privacy is given in the Constitution many people have come to see it as being protected by the

various rights found within the document especially the fourth amendment giving a right to

protection from unreasonable search and seizures. (Berendt, Günther and Spiekermann,2005;

Winner,2017)

Most of our electronic information is stored through third parties, such as Facebook,

Google, the storing of information by these parties has brought up the question of what

information is to be considered public. The court of law has used various cases over time to

define what unreasonable search or seizure means when related to privacy. Some of these cases

include Olmstead vs United States, and Katz vs United States, through these cases and others the

idea of a third-party doctrine was established. (Twomey, 2015; Winner, 2017) The third-party
doctrine is the idea that information obtained from a third party is usable in court of law. In

establishing what was considered a breach of privacy a definition was established from the Katz

case that required “(1) that a person has an actual subjective expectation of privacy and (2) that

the expectation is one that society is prepared to recognize as reasonable.” (Twomey, 2015;

Winner, 2017) The third-party doctrine allows the use of information from third parties when it

is reasonably expected that the individual knew they were giving information to that third party.

(Winner, 2017)

Preference vs Behavior

Another important discussion is people’s behavior towards the concept of privacy. People

will often say one thing yet do another when it comes to privacy. (Sullivan, 2013; Berendt,

Günther, & Spiekermann, 2005, Sullivan, 2006) Sharing a survey done by the Ponemon institute

its found that only about 7% of people change behaviors to preserve their privacy. (Sullivan,

2006) Shawn Callaway describes that we often must choose between privacy or functionality

when it comes to the privacy of our devices especially with the many features included in more

objects like microphones and cameras that enable the tracking of us to enhance their use.

(Stevens, 2018)

Robert S Litt describes his belief that people have come to care more about what is done

with their privacy than who has it due to “the growth of corporate privacy policies, and the

strong public reaction to the inadvertent release or commercial use of personal information”.

(LITT, 2013) Sullivan will share how people usually ignore or don’t notice anything about

privacy until it is gone then they wish they had done more to protect it. (Sullivan, 2013)

Security vs Privacy
 Another point of major discussion is that revolving around safety vs maintenance of our

private lives. In the sharing of information people rely on the trustworthiness of the companies

and websites to which they give information. (Berendt, Günther, & Spiekermann, 2005) People

will also rely heavily on the protection given by laws. (Berendt, Günther, & Spiekermann, 2005)

An idea often mentioned in the talk for greater security, often at the cost of privacy, is if you

have nothing to hide then you have nothing to fear. (Sullivan, 2006; Schnier, 2006) Litt describes

how the Government strives to create regulations designed to protect U.S. citizens privacy, while

at the same time allowing for the necessary gathering of information to protect the nations

interests, through the monitoring of what is done with information. (Litt, 2006) To solve the

issue of privacy vs law Winner shares that the interests of privacy and law must be balanced that

sacrificing one for the other will not benefit society. (Winner, 2017) This can be taken to mean

that in the case of privacy vs security there must also be a balance made.

Discussion and Implication

The discussions occurring about privacy is important because they each effect each other

and more importantly society. How society defines privacy will change what laws they view as

important and necessary to the protection of that privacy as can be seen by how differently we

view our privacy now from before the growth brought through technological innovation. (Litt,

2013) With many people seeing the protection of privacy as an impossible thing some have come

to find it more important to control how that information is used. (Litt, 2013)

Conclusion

To Conclude In the growth brought by technology there may come a time people need to

accept the diminution of privacy and see it as inevitable. (Winner, 2017) However now is the
time for us to discuss this topic. If any kind of conclusion is going to be made of how we move

forward it will require greater discussion as to what is privacy and how we can protect it. An

important discussion found missing from the argument is how much privacy are we willing to

give up? (Sullivan, 2013) Though we discuss the Need for security created through laws and

regulations, what privacy is, and even what people can do with our information, an important

part of the discussion is at what point we will no longer give up our privacy. If we are to come to

a decision as to what it right me must come to agree on what lines cannot be crossed. We must

include in this discussion not just how our privacy is affected now but how it will be later. There

is little to no discussion as to the possibility of what may occur in the future most of the

discussion revolves around what has and what is. Without discussing the future of our privacy,

we will only see a further erosion of that privacy.

Returning to Schnier he shares that the real debate is not privacy vs security but rather

liberty vs. control. (Schnier, 2006) If we do not protect our privacy now then we will lose the

ability to control our lives the way we wish to live them always afraid of the all-seeing eyes

around us telling us how we must live and act.

References/ work cited page

Berendt, B., Günther, O., & Spiekermann, S. (2005). PRIVACY IN E-COMMERCE: Stated

Preferences vs. Actual Behavior. Communications of the ACM, 101-106.

LITT, R. S. (2013). PRIVACY, TECHNOLOGY AND NATIONAL SECURITY . Washington,

D.C., July 19, 2013: Delivered at the Brookings Institution, .

Schnier, B. (2006, May 19). The Value of Privacy. Retrieved March 8, 2018, from

https://www.schneier.com/blog/archives/2006/05/the_value_of_pr.html
SHILTON, KATIE. "Four Billion Little Brothers? Privacy, Mobile Phones, and Ubiquitous Data

Collection." Communications of the ACM, vol. 52, no. 11, Nov. 2009, pp. 48-53. EBSCOhost,

doi:10.1145/1592761.1592778.

Stevens, M. (2018). KSL Investigates: Outsmarting your smart TV. Salt Lake: KSL TV.

Strong-Michas, J. L. (2003). The Great Debate: Security vs. Privacy. Electrical Contractor

magazine. Retrieved march 3, 2018

Sullivan, B. (2013). Privacy under attack, but does anybody care? NBC News.

Twomey, M. E. (2015). VOLUNTARY DISCLOSURE OF INFORMATION AS A

PROPOSED STANDARD FOR THE FOURTH AMENDMENT’S THIRD-PARTY

DOCTRINE. Michigan Telecommunications & Technology Law Review .

Winner, Kristi. "From Historical Cell-Site Location Information to Imsi-Catchers: Why

Triggerfish Devices Do Not Trigger Fourth Amendment Protection." Case Western Reserve Law

Review, vol. 68, no. 1, Fall2017, p. 243. EBSCOhost,

libprox1.slcc.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=f6h&AN=1

27811835&site=eds-live.
Statement of Goals

My goals with this piece of literature view was to create a greater awareness of the discussion

occurring with Privacy especially as to its importance. I imagine it helping people to want to

understand the role privacy plays in our lives and how it is affected by various things like

increased security or new laws.

To be frankly honest I didn’t really think of how to write it in a certain way as much as just write

the assignment and try and make it make sense. The best I can say is I tried to write where

people understand what has been said and have a better idea of what is there. I tried to write

without any opinion towards whether any part is write or wrong just what seems to be said on the

topic.

In the beginning I thought of this topic as being security vs privacy but came to learn there was a

little more to it. So I opened myself to looking at articles that discussed more then just that aspect

of the war in defining privacy. As I wrote the assignment I began with three ideas the defining

privacy, law, and difference in behavior. But then I remembered to include privacy and security

since allot of the discussion comes back to that in some form or another.