FiRsT asSigNmENt iN fiNaL

Summary of the 1980 OECD Privacy Guidelines

Though they are not law in the United States, the privacy guidelines issued by the Organization for Economic Cooperation and Development (OECD) in 1980 are an important part of privacy debates today. The OECD consists of bureaucrats from 29 countries that work to coordinate policies with the aim of fostering international trade. The United States is a member of the OECD and one of the largest funders of its $200 million dollar annual budget. The Secretariat of the OECD is in Paris, France.

The Guidelines involve eight principles, which in different variations are often touted as "fair information practices":

1. Collection Limitation Principle: There should be limits to the collection of personal data and any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge or consent of the data subject.
2. Data Quality Principle: Personal data should be relevant to the purposes for which they are to be used, and, to the extent necessary for those purposes, should be accurate, compete and kept up-to-date.
3. Purpose Specification Principle: The purposes for which personal data are collected should be specified not later than at the time of collection and the subsequent use limited to the fulfilment of those purposes or such others as are not incompatible with those purposes and as are specified on each occasion of change of purpose.
4. Use Limitation Principle: Personal data should not be disclosed, made available or otherwise used for purposes other than those specified in accordance with Principle 3 except:
   • with the consent of the data subject; or
   • by the authority of law.
5. Security Safeguards Principle: Personal data should be protected by reasonable security safeguards against such risks as loss or unauthorised access, destruction, use, modification or disclosure of data.
6. Openness Principle: There should be a general policy of openness about developments, practices and policies with respect to personal data. Means should be readily available of establishing the existence and nature of personal data, and the main purposes of their use, as well as the identity and usual residence of the data controller.
7. Individual Participation Principle: An individual should have the right:
   • (a) to obtain from the data controller, or otherwise, confirmation of whether or not the data controller has data relating to him;
   • (b) to have communicated to him, data relating to him
     • within a reasonable time;
     • at a charge, if any, that is not excessive;
     • in a reasonable manner; and
     • in a form that is readily intelligible to him;
   • (c) to be given reasons if a request made under sub-paragraphs (a) and (b) is denied, and to be able to challenge such denial; and
   • (d) to challenge data relating to him and, if the challenge is successful, to have the data erased, rectified, completed or amended.
8. Accountability Principle: A data controller should be accountable for complying with measures which give effect to the principles stated above.

Key provisions of the USA patriot Act Subject to Sunset

The USA Patriot Act

The USA Patriot Act, passed in response to the Sept. 11, 2001 terrorist attacks on the United States, is aimed at providing the tools law enforcement officials need to prevent further terrorist attacks. But almost since its passage, and especially throughout the debate over the reauthorization of provisions that expired at the end of 2005, some lawmakers and civil libertarians have contended the act infringes on the rights of U.S. citizens. When President Bush signed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism, or USA Patriot Act, into law on Oct. 26, 2001, he said the legislation would "help law enforcement to identify, to dismantle, to disrupt, and to punish terrorists before they strike." "We're dealing with terrorists who operate by highly sophisticated methods and technologies, some of which were not even available when our existing laws were written," Mr. Bush said. "The bill before me takes account of the new realities and dangers posed by modern terrorists." The act gave the government broad new legal and investigative authority and increased power to sanction organizations and individuals who do not cooperate with investigations. It also provided some legal protections for those who assist law enforcement in its investigative work. However, in May 2002, the Foreign Intelligence Surveillance Court ruled against the Justice Department's proposed plan for greater information sharing between intelligence officials and domestic law enforcement. The court argued the proposal would eliminate congressionally mandated barriers between the intelligence community and criminal prosecutors that could allow prosecutors to "advise FBI intelligence officials concerning 'the initiation, operation, continuation, or expansion of [Foreign Intelligence Surveillance Act] searches or surveillance'" -- a change from previous procedure. A federal appeals court, however, overturned the ruling in November 2002, stating that the U.S. government has an expanded authority to use wiretaps and other surveillance techniques in its efforts to track suspected terrorists. The appeals court ruling said that expanded powers to wiretap those suspected in foreign terrorist operations -- including U.S. citizens -- outlined in the Patriot Act do not violate the Constitution. Lawmakers attached sunset provisions to many of the Patriot Act's most controversial provisions, requiring Congress to reauthorize them within four years. In late summer 2005, the House and Senate began to debate renewing those provisions. Democratic lawmakers saw this as an opportunity to clarify the Patriot Act and offer more protections for civil liberties. Republican lawmakers concentrated their efforts on making permanent the provisions that were set to expire. The reauthorization The Patriot Act was reaffirmed March 10, 2006 after nearly nine months of debate in the House and Senate. The provisions in the act, set to expire on Dec. 31, 2005, were temporarily extended twice to give lawmakers more time to debate the bill. Several events delayed the reauthorization, including Hurricane Katrina battering the Gulf Coast in late August 2005, diverting attention to the immediate needs of residents there. And then in December 2005, a New York Times report revealed a program allowing the National Security Agency to wiretap those suspected of potential terrorist activities within the United States without warrants from the FISA court. The warrentless wiretapping program galvanized Democrats who opposed the bill to draw attention to what they considered civil liberties rollbacks in the legislation. The expiring provisions included one that let federal officials obtain "tangible items," such as business records, from libraries and bookstores, in connection with foreign intelligence and international terrorism investigations. Other provisions clarified that foreign intelligence or counterintelligence officers should share information obtained as part of a criminal investigation with counterparts in domestic law enforcement agencies. Yet other portions were designed to strengthen port security by imposing strict punishments on crew members who impede or mislead law enforcement officers trying to board their ships. A compromise version of the bill aimed to include more civil liberties protections, such as language saying people who receive subpoenas granted under the Foreign Intelligence Surveillance Act for library, medical, computer and other records can challenge a gag order in court. Not all senators were on board, but a filibuster attempt by Sen. Russ Feingold, D-Wis., the only senator to vote against the original Patriot Act, failed, clearing the way for the final reauthorization vote. President Bush signed the reauthorization bill mere hours before the temporary extension would have ended. "The Patriot Act has accomplished exactly what it was designed to do," he said at the bill-signing ceremony. "It has helped us detect terror cells, disrupt terrorist plots and save American lives. The bill I sign today extends these vital provisions. It also gives our nation new protections and added defenses." The reauthorization made permanent 14 of the 16 provisions that were scheduled to expire March 10, 2006. California Rep. Jane Harman, the ranking Democrat on the House intelligence committee, lauded new measures that would "[bar] the government from using National Security Letters to obtain records from libraries functioning in their traditional roles," and noted that "only libraries that also function as Internet service providers are now covered." The provisions regarding the government authority to conduct "roving wiretaps" of targets with multiple phones or e-mail devices, and the government's powers to seize business records with the FISA court's approval are now set to expire Dec. 31, 2009. The reauthorization also included new tools designed to help law enforcement stop the trafficking of methamphetamine, such as tracking the purchase of over-the-counter ingredients and increasing federal penalties for smuggling and selling the drug. Specifically, the renewed provisions include: Section 206 to create so-called roving wiretaps, which allow government agents to tap the devices associated with a suspected terrorist rather than a single device The reauthorization holds agencies to a slightly stricter standard with regard to when roving wiretaps can be used, requires reports to congress on their use, and sets a sunset expiration of four years. Section 213 to authorize government agents to obtain "sneak and peek" warrants that allow them to enter and search a premises without immediately notifying the owner, provided nothing is removed Under the reauthorization, officials must notify the person whose premises is being searched within a reasonable time that is not to exceed 30 days unless a longer time is expressly approved by the court issuing the warrant. Section 215 to allow government agents to obtain business records with permission from the Foreign Intelligence Surveillance Court Reauthorization requires agents to present the FISA court with new data proving the how the evidence sought will apply to the relevant investigation and affords greater protections for library, medical, and educational records. It also provides the party forced to disclose the business information the right to seek the advice of an attorney and establishes a sunset expiration of four years. Section 505 to provide for the use of National Security Letters, a type of subpoena that forces the party being subpoenaed into a non-disclosure agreement severely limiting their legal rights The lack of judicial review afforded by NSL worried many lawmakers, and the reauthorization gives a specific right to legal counsel to the recipients of an NSL, and the right to challenge it in court. It also states that libraries cannot be subjected to an NSL, and that the government must present a report to Congress each year on the use of NSL. These controls were deemed necessary in November 2005 when The Washington Post revealed that the FBI was issuing 30,000 National Security Letters annually. Future of the Patriot Act Senate Judiciary Committee Chairman Arlen Specter, R-Pa., said at the time of the act's renewal that he had deep reservations about civil liberties impacts, but he voted for the compromise measure, calling it "an acceptable balance." Specter and other moderate Republicans said the passage of the bill was the first step toward analyzing the Patriot Act and drafting legislation to replace it. He has suggested revamped measures to: -- Throttle the use of National Security Letters to subpoena evidence by eliminating the one-year period before gag orders on NSL could be challenged in court; -- Demand more evidence tying a party to foreign terrorists before records could be obtained from businesses, libraries, hospitals and doctors' offices, and nonprofits; and -- Require that the target of a "sneak and peek" search warrant be notified within seven days of its execution.

Reauthorization History

Three provisions of the USA PATRIOT Act will expire by the end of the year, triggering consideration of reauthorization legislation. The expiring provisions are authorizations for roving wire taps, the “lone wolf” measure, and orders for tangible things (Section 215, commonly referred to as the “library provision”).

On September 17, 2009, Senators Feingold (D-WI) and Durbin (D-IL) introduced the Judiciously Using Surveillance Tools In Counterterrorism Efforts (JUSTICE) Act to address problems with surveillance laws that threaten the rights and liberties of American citizens.

On September 22, Sen. Patrick Leahy (VT-D) introduced S. 1692, the USA PATRIOT Act Sunset Extension Act of 2009. Hours before the Senate Judiciary Committee’s first mark-up of the S. 1692, a bill negotiated by Leahy and Dianne Feinstein was substituted in place of the original S. 1692. The substitute bill substantially weakened the reforms the library community has sought relevant to Sec. 215 and national security letters.

During the mark-ups, several senators attempted a number of amendments; none of the amendments that would have improved protection of civil liberties passed.

The substitute “Feinstein” bill was passed by the Judiciary Committee with an 11 to 8 vote at the second markup on October 8. The ALA continues to seek reforms that would:

• Require law enforcement officials to show individualized suspicion that records or other items being sought pertain to a foreign power or agent, a person in contact with a suspected agent, or a suspected agent who is the subject of the investigation; and
  
• Require records other items being sought to be described with sufficient particularity to allow them to be identified – reducing the danger that the FBI will engage in fishing expeditions into personally identifiable information in library or bookstore records; and
  
• Required the Foreign Intelligence Surveillance Act (FISA) Court to make a finding that these facts have been sufficiently demonstrated; and
  
• Show cause for a FISA court to approve a gag order; gage orders will expire at the end of six months unless cause is shown to reauthorize them; and
  
• Allow a recipient of a FISA Section 215 records-search order to consult with an attorney or others for help responding to the request; and
  
• Guarantee a recipient the right to challenge any gag order; and
  
• Ensure due process for any recipient challenging a search or gag order; and
  
• Set a sunset date for Section 215 of no more than four years, to ensure ongoing oversight and assessment of the impact of this provision on civil liberties; and
  
• Intensify oversight of the Section 215 and national security letters provisions of the USA PATRIOT Act and other laws that limit the privacy rights of library users, library employees and the general public.

last quiz in midterm

PRIVACY:

PRIVACY-is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively. The boundaries and content of what is considered private differ among cultures and individuals, but share basic common themes. Privacy is sometimes related to anonymity, the wish to remain unnoticed or unidentified in the public realm. When something is private to a person, it usually means there is something within them that is considered inherently special or personally sensitive. The degree to which private information is exposed therefore depends on how the public will receive this information, which differs between places and over time. Privacy can be seen as an aspect of security — one in which trade-offs between the interests of one group and another can become particularly clear.

DIFFERENT WAYS OF PRIVACY

*PHYSICAL PRIVACY-defined as preventing intrusions into ones physical space or solitude.
*INFORMATION PRIVACY-the way in which government or organization handle our personal information such as our age,address,sexual preference and so on..
*FREEDOM from EXCESSIVE SURVEILLANCE-our right to go about our daily lives without being surveilled or have all our action caught on camera.

PRIVACY PROTECTION and the LAW:
PRIVACY PROTECTION-Privacy protection is not just about the law—it’s also about good business. If a company is publicly labeled as a privacy offender, it could prove devastating for the organization. Client distrust and poor publicity can be more damaging than legal action. Identity theft has become a growing liability for businesses and for most, the potential cost of non-compliance is simply too high.

PRIVACY LAW- is the area of law concerning the protecting and preserving of privacy rights of individuals. While there is no universally accepted privacy law among all countries, some organizations promote certain concepts be enforced by individual countries. For example, the Universal Declaration of Human Rights,

"LIFE is the hardest course a man could ever take..it could only be taken once,no masteral , no doctorate!! You don't have any dean but GOD,,and once you have graduated, you are done and gone.,so ,live each day as if its your last because in this course you'll never know the the exact date of your CLOSING CEREMONY."

YOUR MY MONA LISA

You're my piece of mind, in this crazy world
You're every thing i've tried to find
Your love is a pearl
You're my mona lisa
You're my rainbow skies
And my only prayer is that you realize
You'll always be beautiful in my eyes...

The world will turn
And the seasons will change
And all the lessons we will learn
Will be beautiful and strange
We'll have our fell of tears
Our share of sight
My only prayer is that you realize
You'll always be beautiful in my eyes...

You will always be beautiful in my eyes
And the passing is the show
That you will always grow
Ever more beautiful in my eyes

And there are lines upon my face
From a lifetime of smiles
When the time comes to embrace
For one long last wine
We can laugh about how time really flies
We won't say goodbye
'cause true love never dies
You'll always be beautiful in my eyes...

You will always be beautiful in my eyes
And the passing is the show
That you will always grow
Ever more beautiful in my eyes

The passing is the show
That you will always grow
Ever more beautiful in my eyes...

HONESTLY
I stand before you, accused of many crimes
But I want to believe that love can still survive
You don't have to say it, I don't have to read your mind
To know the emptiness that's finally arrived
How was I, to know the right from wrong
Words were hardly spoken, so where did I go wrong?
Tell me honestly, if you're still loving me
Looking into my eyes, honestly
Words will have more meaning, if they're said at certain times
Now the all they've seen I found to be a lie
How would you know it, you wont give me sometime
To see if everything could work out, and you'd be mine
Oh, will love be lost forever but someday I will find
The world we've all been searching for
Or just some peace of mind...
Tell me honestly, if you're still loving me
Looking into my eyes, honestly...
All the night I sit and wonder
Must be more to laugh, I'm sure that
Days and years gone by while I am
Living with the...
Oh, lonely feeling

ANGELS BROUGHT ME HERE

It’s been a long and winding journey,
But I’m finally here tonight picking up the pieces walking back into the light
Into the sunset of your glory where my heart and future lies
There’s nothing like that feeling when I look into your eyes

My dreams came true when I found you; I found you, my miracle

If you could see what I see
That you’re the answer to my prayers
And if you could feel the tenderness I feel
You would know it would be clear, that angels brought me here

Nothing here before you
Feels like I’ve been born again
Every breath is your LOVE
Every heartbeat speaks your name

My dreams came true right here in front of you my miracle

If you could see what I see
You’re the answer to my prayers
And if you could feel the tenderness I feel
You would know it would be clear, that angles brought me here

It brought me here, to be with you
Ill be forever grateful, forever faithfull

My dreams came true when I found you my miracle

If you could see what I see
You’re the answer to my prayers, oh...
And if u could feel the tenderness I Feel
You would know it would be clear that angels brought me here

You know i love you baby
And if you could feel the tenderness I Feel
You would know it would be clear, that angels brought me here

midterm quiz

1.Your friend just told you that he is developing a worm to attack the administrative systems at your college. The worm is "harmless" and will simply cause a message - "Let's party!" - to be displayed on all workstations on Friday afternoon at 3 p.m. By 4 p. m., the virus will erase itself and destroy all evidence of its presence. What would you say or do?
-if my friend told me that he is developing a worm to attack the administrative systems at the college , i just tell him that don't continue your plan developing a worm to attack the administrative system of the college because it is so bad of doing that,,,and if you continue your plan all of us will suffer of what you have done.
2.You have just been hired as an IT security consultant to "fix the security problem" at Acme United Global Manufacturing. The company has been hacked mercilessly over the last six months, with three of the attacks making headlines for the negative impact they have had on the firm and its customers. You have been given 90 days and budget of 1 million dollars. Where would you begin, and what steps would you take to fix the problem?
-I have just been hired as an IT security consultant to fix the security problem at Acme United Global Manufacturing..and i'm given 90 days to fix the problem and budget of 1 million dollars. I should try in good faith to resolve any problems before seeking mediation assistance or going to the Employment Relations Authority. Even if I do have to pursue the problem further, discussing and clarifying the problem first will save time in those processes.and I will Make sure that what I think has happened or is happening is not just based on an assumption I have made or a misunderstanding.and i try to budget 1 million for the good thing and i will use this money for everything to fix the problem.