Select either Question 1 or 2 to answer: Loss of privacy is an issue that has be
ID: 673127 • Letter: S
Question
Select either Question 1 or 2 to answer:
Loss of privacy is an issue that has been compounded by advances in technology. Give your definition of privacy and list some examples. Explain two of these privacy issues. Are any of them limited only to the United States or are they also affecting other societies? Make a prediction what you think will become a major privacy issue in the next 10 years or tell why you think a current issue will still be a problem.
Books have been written about Computer Crime. Select one aspect of computer crime to discuss, define it, give some examples, and explain no more than two of the problems associated with it. Are these problems limited to the United States or worldwide? Why do you think so? Will this particular computer crime continue to be a problem? Why or why not?
7 to 8 paragraphs
Explanation / Answer
The information broker industry is growing dramatically. More and more government records are being sold by county and state governments, and to a lesser degree, by federal agencies to private sector data vendors. Companies like Choicepoint and Lexis-Nexis compile records from thousands of sources and make them available to their subscribers, usually law enforcement agencies, private investigators, attorneys, debt collectors, skip-tracers, insurance claims investigators, and media outlets, among others.
Information and Communications Technologies have greatly enhanced our capacities to collect, store, process and communicate information, it is ironically these very capacities of technology which make us vulnerable to intrusions of our privacy on a previously impossible scale. Firstly, data on our own personal computers can compromise us in unpleasant ways — with consequences ranging from personal embarrassment to financial loss. Secondly, transmission of data over the Internet and mobile networks is equally fraught with the risk of interception — both lawful and unlawful — which could compromise our privacy. Thirdly, in this age of cloud computing when much of our data our emails, chat logs, personal profiles, bank statements, etc., reside on distant servers of the companies whose services we use, our privacy becomes only as strong as these companies’ internal electronic security systems. Fourthly, the privacy of children, women and minorities tend to be especially fragile in this digital age and they have become frequent targets of exploitation. Fifthly, Internet has spawned new kinds of annoyances from electronic voyeurism to spam or offensive email to phishing. impersonating someone else’s identity for financial gain each of which have the effect of impinging on one’s privacy. Although there are a number of technological measures through which these risks can be reduced, it is equally important to have a robust legal regime in place which lays emphasis on the maintenance of privacy. This note looks at whether and how the Information Technology Act that we currently have in India measures up to these challenges of electronic privacy.
Personal genomics will not only have privacy repercussions for the consumer, but for their relatives as well. An individual’s genome reveals half of the genome of his parents and children and a substantial fraction of his sibling’s. Accordingly, when someone shares their genetic data, they are exposing not only their own private information, but information about their relatives.
Computer crime, sometimes known as cyber-crime, is a serious concern. The crime can be perpetrated instantaneously and its effects can spread with incredible quickness. Furthermore, the ever-increasing use of computers, especially in serving critical infrastructure, makes computer criminality increasingly important.Cybercrime, is any crime that involves a computer and a network.The computer may have been used in the commission of a crime, or it may be the target.define Cybercrimes as: "Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm, or loss, to the victim directly or indirectly, using modern telecommunication networks such as Internet (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS)".Such crimes may threaten a nation’s security and financial health. Issues surrounding these types of crimes have become high-profile, particularly those surrounding hacking.
In addition, the anonymity afforded users of computer networks causes them to attempt offenses which they would never contemplate except in cyberspace. One reason for this is the lack of a coherent ethical structure in cyberspace. In the world outside cyberspace, there has been established, through years of experience and law, an ethical structure of acceptable and unacceptable behavior. Take the example of a hotel. A guest at a hotel knows that she may go into her own room so long as she continues to pay the bill, and is not such a nuisance as to make her vulnerable to expulsion. Similarly, public areas of the hotel -- such as the lobby, bar and restaurant, are generally available regardless of whether or not one is a guest of the hotel. Finally, the private areas of the hotel -- private offices, administrative offices, loading docks, kitchens and the like are generally inaccessible. We know these things without anyone pointing them out to us -- this knowledge comes from experience.
While the government's objective is a laudable one, particularly when the facts alleged in this case are considered, its interpretation of the wire fraud statute would serve to criminalize the conduct of not only persons like LaMacchia, but also the myriad of home computer users who succumb to the temptation to copy even a single software program for private use.Cybercrime, also called computer crime, the use of a computer as an instrument to further illegal ends, such as committing fraud, trafficking in child pornography and intellectual property, stealing identities, or violating privacy. Cybercrime, especially through the Internet, has grown in importance as the computer has become central to commerce, entertainment, and government.
Most cybercrime is an attack on information about individuals, corporations, or governments. Although the attacks do not take place on a physical body, they do take place on the personal or corporate virtual body, which is the set of informational attributes that define people and institutions on the Internet. In other words, in the digital age our virtual identities are essential elements of everyday life: we are a bundle of numbers and identifiers in multiple computer databases owned by governments and corporations. Cybercrime highlights the centrality of networked computers in our lives, as well as the fragility of such seemingly solid facts as individual identity.
Cybercrime ranges across a spectrum of activities. At one end are crimes that involve fundamental breaches of personal or corporate privacy, such as assaults on the integrity of information held in digital depositories and the use of illegally obtained digital information to blackmail a firm or individual. Also at this end of the spectrum is the growing crime of identity theft. Midway along the spectrum lie transaction-based crimes such as fraud, trafficking in child pornography, digital piracy, money laundering, and counterfeiting. These are specific crimes with specific victims, but the criminal hides in the relative anonymity provided by the Internet. Another part of this type of crime involves individuals within corporations or government bureaucracies deliberately altering data for either profit or political objectives. At the other end of the spectrum are those crimes that involve attempts to disrupt the actual workings of the Internet.
The private sector has been included in many of the agency efforts to curtail computer crime. An example of a joint effort between the government and business is seen in the Cybercitizen Partnership, an alliance between high-tech industry and the government. As an aspect of this partnership, the government and private industry will share computer knowledge to achieve a more secure system. An aim of this partnership is to promote computer ethics and educate users.
Computers present new considerations for both substantive criminal law and criminal procedure. At the heart of many of the questions is the appropriate balance between privacy rights and necessary criminal investigation. It is particularly problematic with respect to computer crimes, since serious national security issues can arise when computers are misused.
The tension between the government's need to secure information to investigate criminal conduct and privacy concerns of individuals and businesses appears prominently in the debate concerning encryption. Encryption offers individuals and businesses the ability to protect the privacy of data being transferred on the Internet. Encryption is particularly useful in protecting trade secrets in the commercial market. Encryption, however, also can be used to avoid detection by individuals who are committing unlawful activities. By encrypting data, individuals can store data, transmit data, and harmfully use data for criminal purposes. The Department of Justice has expressed concern that securely encrypted material can undermine law enforcement efforts. Unlike law enforcement's ability to obtain court authorized wiretaps for information transmitted over the telephone, securely encrypted matter may preclude the government from using the material.
Computers add a new dimension to criminal law, presenting many issues for law enforcement. At the forefront of law enforcement concerns is the necessity to secure adequate training to combat these crimes. This requires additional resources. The technical sophistication needed to follow the "electronic trail" far surpasses traditional methods of investigation. In some cases data are encrypted, making it difficult for police authorities to discern the contents of the information. The detection of criminal conduct may also be hampered by the reluctance of entities to report an unauthorized computer access. Corporations may fear the negative publicity that might result as a consequence of their systems being compromised. In many cases, unauthorized computer access may go undetected by the individual or entity whose computer system had been invaded.
Equally challenging are the policy and legal issues. It is necessary to enact legislation that will sufficiently prohibit the abuses of new and developing technology. The speed with which technology develops makes this a continual concern. In some cases, the line between what will be considered criminal conduct and what will be civil remains uncertain. A common debate in discussions of business crimes is whether the activity is an aggressive business practice, or alternatively a crime. Further, issues of jurisdiction and enforcement power present special problems given that the Internet operates internationally. This can become particularly problematic when countries adopt different standards of what constitutes crime and different penalties for computerrelated criminal activity.
The Internet also presents national security concerns since computers serve instrumental roles in the delivery of emergency services, government operations, banking, transportation, energy, and telecommunications. As technology develops, the law needs to respond to these new developments to deter those who would abuse and misuse the new technology.
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