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Internet Crime: Privacy

If you would like a demonstration of why privacy on the Internet is a serious issue, try clicking on the following two links: Privacy Analysis of your Internet Connection or I Can See You. Is extracting this information illegal? Not necessarily. The right to privacy is not covered in the U.S. Constitution, for example. Take a look at the "Data Protection Laws Around the World Map 1999" to see which countries do have some sort of legislation concerning privacy. Should the extraction of this kind of information be illegal? That's an entirely different question, and one that you will have to answer for yourself.

As with all Internet Crime topics, there is a problem with definitions. What is privacy? Do we have rights to privacy? In what situations could our right to privacy be abused? What is the difference between privacy and security? My own personal definition of privacy is: information, data, or facts about me taken without my expressed permission or consent; and information, data, or facts about me used for purposes without my expressed permission or consent. Receiving information that has not been requested and automatically being redirected to a different website seem like invasions of privacy to me. I think that the difference between privacy and security is that privacy is the protection of an individual. Security is the protection of a group: a network, a company, or a nation.

While not necessarily illegal, there are several things on the Internet which I consider to be an invasion of my privacy: spam (mass e-mailing), chain-letters, pop-up windows for advertisements, automatically being redirected to a different site, cookies, and Spyware being the first ones to come to mind. Most of these things can be dealt with by downloading software or turning on features of the software one already owns that block or filter out these nuisances. Take a look at the links on the left side of the screen to get more information on how to go about this.

Are there illegal activities concerning privacy on the Internet? Unfortunately, yes, there are. Identity Theft is probably the most serious instance. When your credit card information, passwords and ID's for your accounts, or other information that uniquely identifies you are stolen, it is an illegal activity which can have serious consequences for you as well as the person committing the crime if (when?) they are caught. In the U.S., "The Identity Theft and Assumption Deterrence Act, enacted by Congress in October 1998 (and codified, in part, at 18 U.S.C. § 1028) is the federal law directed at identity theft. Violations of the Act are investigated by federal law enforcement agencies, including the U.S. Secret Service, the FBI, the U.S. Postal Inspection Service and SSA's Office of the Inspector General. Federal identity theft cases are prosecuted by the U.S. Department of Justice. In most instances, a conviction for identity theft carries a maximum penalty of 15 years imprisonment, a fine and forfeiture of any personal property used or intended to be used to commit the crime. The Act also directs the U.S. Sentencing Commission to review and amend the federal sentencing guidelines to provide appropriate penalties for those persons convicted of identity theft. Schemes to commit identity theft or fraud also may involve violations of other statutes, such as credit card fraud; computer fraud; mail fraud; wire fraud; financial institution fraud; or Social Security fraud. Each of these federal offenses is a felony and carries substantial penalties - in some cases, as high as 30 years in prison, fines and criminal forfeiture." (ID Theft: When Bad Things Happen To Your Good Name from the FTC.) Another law, the Children's Online Privacy Protection Act of 1998, regulates the disclosure of information of children under the age of 13.

How can personal information about you be collected on the Internet without you being aware of it? Through the use of cookies, Spyware/Adware, mailing lists, Newsgroups, e-mail (forwarding mail, HTML mail, and attachments), listservs, newsletters, registrations, downloading files, FTP, Telnet, Internet Service Providers, visiting a web page, wire tapping, e-commerce transactions, or any other activity associated with the Internet. It is a good idea to read the Privacy Statements or Policies before joining an ISP, buying something, registering for something, or posting somewhere on the Internet. The Privacy Statements or Policies link is usually hidden in extremely small script on the bottom of the page, and will tell you how the information you submit will be used or disclosed. Since there are so few laws concerning privacy, it is your responsibility to determine how much of your personal information you want to have available to other people.

Businesses need information to better market and target their products. Web designers would like to create sites that attract people and are useful to people. Governments require information to better serve their citizens. Information has become a valuable commodity. The Internet is a useful source for information. Is a lack of privacy the price we pay for using the Internet? Is it a price you are willing to pay?



 

Andre Bacard's Privacy Page

Cookie Central

Electronic Privacy Information Center

EPIC/PI - Privacy & Human Rights 2000

Data Protection Laws Around the World (Map 1999: Privacy International)

I Can See You

Interhack Research

Mail Abuse Prevention System LLC

MIT distribution site for PGP

Network Associates: Pretty Good Privacy

P3P Public Overview (W3C)

Privacy Initiatives

Privacy International - Cyber-Crime

Privacy.net

Privacy Statement Generator (Organisation for Economic Cooperation and Development)

Sharing Your Personal Information: It's Your Choice (FTC)

What is spyware? :: Spyware Check - who is paying the price for your free software?.

 

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Copyright @ 2002 by Robert J. Trader, University of Kentucky Graduate Student.
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