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251, Privacy in the digital age

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Julia Nicodemus

on 31 October 2018

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Transcript of 251, Privacy in the digital age

How can you connect the policy course topics from Kraft & Furlong to todays reading on digital privacy policy? Consider: definition of policy and public problems, contexts, policy capacity, the roles of the branches of government, informal policy actors, the challenge of responding to complex technological problems, rationales for policy making, theories of policy making, the policy process model, and policy analysis.
Connecting to Policy Topics
Privacy in the Digital Age
Policies that Protect Our Privacy (or Don't)
The Current Law:
The Electronic Communications Privacy Act of 1986
Major Issues with ECPA
Law balances privacy and security for existing technologies
Technology advances and law is no longer sufficient
Courts try to interpret law, but it's messy
General History
Electronic Surveillance Law
Enacted to address changing technology with the advent of the internet. Goal was to extend requirement of warrants to email.
So what's the problem??
Only protects emails on servers for 180 days
Doesn't protect documents on servers ("the cloud")
Doesn't address use of cell phone data to track location
No clear policy on social network data
Blanket subpoenas on all people accessing a particular (legal) website
In what ways do you agree or disagree with his arguments? Do you think the situation he describes constitutes a public problem? Why or why not?

Electronic surveillance by the government is not the only way that your digital privacy might be invaded. What are other ways?
The Fourth Amendment
to the Constitution
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Small Group Sharing
: In groups of ~4, discuss your thoughts, identify some connections that your group finds particularly interesting.
Introduce a Connection
: Each small group will bring up a connection between the course concepts and today's reading, briefly discussing the connection.
Class Discussion
: Once introduced, the rest of the class can chime in on examples from the reading or other thoughts on the connection between digital communications privacy and policy concepts.
Individual Reflection
: Take a few minutes to consider the reading, remember the policy topics, jot down some notes or ideas, etc.
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