Abstract:
The issue on privacy in the 21st century is a current dilemma for the public as everything can now be seen online and is on digital format. May it be simple personal profiles to highly sensitive data such as grades, credit card information, and security clearances can be accessed online. While automation and digitalized data is now common to improve a person’s daily need for information, privacy becomes a serious topic to consider since anyone can get the information they need and for some, they would take steps mimic a person’s identity and steal sensitive data for fraud and crime. Recorded cases of identity fraud, information theft and even blackmail had been prominent in the 21st century. Since everyone is now online and can access any information required, the question of privacy is now put into the frontlines. The question now remains on whether privacy is still possible. This paper will discuss if privacy in the 21st century is still possible in the current context.
Privacy in the 21st Century
The issue of privacy in the 21st century is a current dilemma users tend to worry about considering the availability of information online. May it be from simple social networking profiles to security data, everything can be viewed with just a click of a button or a website with any data requested. Although this availability of information is readily possible thanks to the internet and to the digitalization of information to fit online use, there are questions now if a user’s privacy is placed at risk with this available data. There have been cases wherein users have been falsely accused due to identity theft, and a few have been stolen from by users who stole their credit card data and other related security breach. Despite the growing cases of privacy-related cases online, privacy in the 21st century is still possible given the present privacy protection policies launched by the government and the available privacy protection strategies users could save their data from possible theft and false usage.
Privacy is considered a right that covers all aspects of life, may it be on legal, moral, ethical, and social standards. It addresses a person’s data – may it be regarding his body, personal information, communication identification, relationships, and even their secrets. Privacy protects an individual or a group, enabling secure transference of information, development of relationships, and establishment of policies to protect one’s person. Experts have argued and discussed as to how diverse privacy covers and what is to be done to ensure privacy is always sustained and protected. However, in recent years as the internet becomes diverse and open for the public, privacy now becomes an issue as technology now opens up personal and business data is now easily accessible online . Offline privacy is also placed at risk as marketers, who are often the source for several advertisements and spam messages online, are now using the availability of information online to invade a person’s privacy offline as they could get any information they need. Studies have already shown throughout the years that marketers are becoming more agile and sneaky when it comes to getting information regarding their clients, using the internet to collect consumer data and even reassemble them to create more personal profiles of clients .
In light of the recent problems in privacy both offline and online, national governments have already devised several means to ensure that privacy is remained in either instance, as well as the development of programs that would assist in protecting privacy online. In the United States, states have already created their own sets of policies that would ensure that privacy is protected and sustained both offline and online. Most of these policies cater to a given online activity, which would also ensure that website owners are Pertaining to online activities, California had enacted Government Code No. 6267 and Civil Code No. 1798.90 to protect individual privacy while doing online activities such as writing emails, chatting, and even browsing electronic services. When it comes to websites and online services, California and Connecticut now enforces their own policies to require websites and services to present their privacy policies to the government and ensure that no data is used for any activity. For California, Business and Professional Code Sections 22575-22578 requires businesses with websites or online service offerings to post their privacy policies and to ensure the business or institution follows such privacy. The bill also requires operators to identify in their privacy policies as to how they categorize personal information received from individuals and how would the operators share this information. In an additional bill, California had also enacted Education Code No. 99122 (or Senate Bill No. 1349) which requires all educational institutions to post their own social media privacy policy to ensure the security-worthiness of their websites. In the case of Connecticut, the General Statute No. 42-471 requiers any operators collecting data such as Social Security numbers for business to create their privacy protection policies. These privacy policies must be displayed publicly in every webpage to ensure that confidentiality and unlawful disclosure would be protected.
Aside from protecting privacy in online activities and services, policies are also devised to protect users from maliciously written privacy policies. Pennsylvania (18 Pa. CSA No. 4107 (a)(10)) and Nebraska (Statute No. 87-302(14)) both requires websites for any use to publish only credible and truthful statements in their privacy policies as it may lead into intolerable and fraudulent information use. With regards to the control of ISPs over personal information, Nevada and Minnesota require all their Internet Service Providers to keep all private information regarding their customers unless the customer in question allows them to disclose the information. Any form of disclosing such information without permission is punishable by law. California (Civil Code Sections 1798.83-.84) and Utah (Code 13-37-101,-201,-202,-203) not only targets businesses but also nonfinancial businesses to disclose their privacy policies to their users through newsletter or electronic email to ensure that information is not sold to a third party .
In a federal aspect, several provisions and policies are now in effect to ensure privacy protection. While the US Constitution does not have a provision regarding the right to privacy, the Constitution’s amendments, namely the First, Third, Fourth, Fifth, and the Ninth Amendment supports an individual’s personal right to privacy and therefore, must be protected accordingly. Information such as personal data, health background, and security clearances must be only provided under the full permission of the individual in question. One of the most notable statutes applied throughout the United States in terms of privacy protection is the Electronic Communication Privacy Act of 1986, which amends all federal wiretapping laws to cover the internet or any form of electronic communication such as cellphones and computers. Under the Act, it prohibits any individual, group or institution to intercept any communications and disclose them to the public in any means as it is a direct violation of an individual’s right to privacy. Excluded in the Act are communications coming from devices that are furnished to subscribers of electronic communication providers as the information will be sustained by the provider for operational use . Aside from the ECPA, other acts such as the Federal Trade Commission Act, the Gramm-Leach-Bliley Act, the Children’s Online Protection Act, and the Identity Theft and Assumption Deterrence Act of 1998 are also created by the federal government to protect privacy in the 21st century. Under the Federal Trade Commission Act, the government orders the Federal Trade Commission to prevent all unfair methods of deception and information gathering by businesses which may cause problems on commerce and industry. The FTC is given the power to take action against all suspected groups to comply with privacy policies and ensure that consumers are protected accordingly from competition and from manhandled personal information transfers. For the GLBA Act, Section A of Title V of the Act convers privacy provisions regarding all consumers’ financial information such as credit card numbers, bills, and financial capabilities. The provisions also restrict financial institutions from disclosing their client’s information to nonaffiliated and authorized third parties as it may use the information for unauthorized solicitations and communications. This act also empowers users to give their financial institution of choice to provide their information upon request or opt-out from sharing their information. Institutions are also prohibited by the GLBA from disclosing account numbers, especially if it is to be used for marketing and other false pretenses.
The Children’s Online Privacy Protection Act enacted in 1998 is one of the foremost policies provided by the US Federal government pertaining to the issue of privacy. Under the COPPA, children under the age of 13 is protected under the law from any information gathering or sharing online. Operators of commercial sites directed to this age group are prohibited from collecting information and disclosing the child’s information without providing communication with the parent or guardian to share the child's information. Furthermore, operators must provide parents an access to their child’s personal information and ensure that further collection of information from the child is acceptable to parents. Finally, the Identity Theft Act of 1998 made unauthorized information sharing and use a federal crime, especially if the person’s information is to be used to commit unlawful activity. Federal law enforcement agencies, including the FBI, the Secret Service and even the Social Security Administration are given the authority to investigate on matters pertaining to such violations. Identity theft is one of the most common crimes committed online, which also breaks a person’s privacy .
Given the available policies and programs enforced by the national government pertaining the protection of privacy online, and indirectly, offline; there are several programs and countermeasures to ensure that privacy can be sustained by users. In the list provided by the Electronic Privacy Information Center, there are several security programs and add-ons that users can use to ensure total privacy for their information and communique to other users. Programs such as CenturionMail and KeptPrivate incorporates security features to encrypt emails and files transmitted online, as well as block unregistered e-mails from being set to the user. These programs also provide SSL encryption and secure browsing, which would also cover virus protection and authentication to ensure the protection of the user. Aside from secured emails, users are also given the choice to use anonymous web browsers which utilize random web-based proxies to ensure that information is kept encrypted and stored without the risk of revealing it to the other party. Some examples of anonymous surfing browsers are the BrowserSpy (which also provides information to users in what information the browser reveals to the other party), ProxyPortal (which is capable of hiding the user’s IP and information), and SpyNOT (which secures Javascript and rewrite it into secure pseudo-scripts). Communication programs are also now capable of protecting its users and their privacy as they now launch security connections to ensure that no one can overhear information and conversations. Programs such as Skype and Speak Freely offers users secured voice communications between users. In terms of emails and file sharing, programs such as Encryptionizer and Keygloo ensures log-in encryption and file encryption so that other online users and hackers would not easily be able to receive data from the user’s system. Software is also available for advanced users to target specific sectors of their computer vulnerability. In terms of web encryption, the program Fortify improves the browser’s web browser’s web encryption up to 128-bits. Disk encryption and file erasing programs such as TrueCrypt and E3 Security Kit protects files/folders and even stored data from computers, even removing them completely to protect users from accidentally giving out their information. Firewalls are also provided for users, which are normally provided with anti-virus programs, aiding in the protection of users’ privacy especially from outside attacks. Sygate Personal Firewall and the OS’ personal firewall programs are available in the market, however, personal firewall systems provided by a user’s operating system of choice must be configured prior from use and can be protected further with programs assisting in firewall protection and strength . These available programs to protect privacy are free of charge while some, especially for institutions and for those who can afford, secured privacy programs can be purchased as a subscription plan.
Finally, aside from the policies and programs that can aid users in protecting their privacy online and offline, simple strategies can be applied to ensure that privacy is protected even without spending too much. Users must not easily give out their personal information haphazardly such as contact information, e-mail addresses, and security data unless the user will use a screen name or pseudonym. Replies to messages must only be done if the sender is closely related or related professionally, such as in school or office. Users must also be cautious of the sites visited and always pay attention to the security and privacy policy, especially if personal information is required. Web browsers must be properly configured to identify malicious sites and connections, as well as block pop-ups and malicious sites which can be pornographic or graphic in nature. Aside from this, users can protect their privacy by using encryption which could encrypt data from e-mails or other online responses so that spammers, marketers, scammers and even government surveillance cannot threaten one’s privacy . If all of these precautions are done accordingly by the user, information received by the website visited or by programs running in the website’s system would not be used by owners to invade one’s personal privacy in the comfort of their homes and in their offline activities.
As the 21st century continues to evolve and present new means of improving life, communication, and information gathering, privacy will always be placed at risk. Nonetheless, methods can be applied, as well as legislation and programs to ensure that privacy can be protected despite the vulnerabilities presented by the internet. Although these methods are seen as ineffective and incapable of protecting privacy by many considering the capacity of the internet to develop each day, these methods and policies are there to ensure that their rights are protected from any attack or privacy invasion may it be online or offline. One may not be able to escape the issues attached to privacy invasion but given the presence of these policies, precautions and methods, it is highly capable of aiding the protection of one’s confidentiality and privacy, without fearing for the possibility they would also be invaded from their homes.
References
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National Conference of State Legislatures. (2012, December 19). State Laws Related to Internet Privacy. Retrieved March 27, 2013, from National Confederence of State Legislatures: http://www.ncsl.org/issues-research/telecom/state-laws-related-to-internet-privacy.aspx
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