Running head: PRIVACY AND TECHNOLOGY

Privacy and Technology

‫الهلجري نور‬
PRIVACY AND TECHNOLOGY 2

Privacy denotes the concept that content of our lives and communication should remain

confidential. However, today, we are living in a swiftly changing world powered by technology

as such, the fundamental question is as technology continues to advance what will happen to the

right to privacy in an age of terrorism. Users and business privacy in the 21st century is being

eroded and challenged by technological innovations (Bott, & Renaud, 2018). Conversely, the

basic principle to privacy that users should be able to control their personal data even when

collected by a third party is nearly impossible in our cotemporally world where personal data is

being created, collected, processed, used, analyzed, transferred, shared, stored and copied in

unpredicted ways and at extraordinarily volume and speed. Privacy is a crucial aspect of human

existence; however, the more we share information online and become digitized data privacy

gains importance.

This is facilitated by creation and collection of an unprecedented volume of business, and

personal data form the increasing numbers of connected devices. Such devices include

smartphones, smart toys, smartwatches, among other devices (Thierer, 2015). The truth of the

matter is it is practically impossible to opt-out of a world that is data intensive. To participate in

modern society, sharing of personal information and technology are indispensable. Access to the

internet as well as the use of new technologies, will continue to be necessary for education,

employment, access to benefits, social connections as well as full participation in civic and

economic life.

Therefore, it is imperative to consider what happens to our privacy, reputation, identity in

this digital world. The privacy laws of most nations are founded on the antiquated notion of

choice (Gasser, 2016). Such laws are do not completely address privacy issues given that

technology is evolving rapidly. Therefore, policymakers must draft laws that address the issue of
PRIVACY AND TECHNOLOGY 3

privacy in a meaningful way. This is essential because for instance, in the year 2018, there were

high profile scandals involving user’s privacy. In 2018 Belgian and Germany courts found

Facebook guilty of the violation of privacy laws. In march 19, 2018 the Cambridge Analytics

scandal ignited debates over user’s security (Tuttle, 2018). The political data analytic firm used

legitimate applications to harvest user’s data from Facebook. Such violations of users’ privacy

denote how serious privacy issues are in the 21st century.

The premises of the case United State V. Moalin was about whether the government violated the
defendant rights as stipulated by the fourth amendment by collecting the defendant metadata. The
fourth amendment forbids arbitrary government seizures and searches. According to the court a
warrant founded on probable cause should be required to conduct seizers and search. Previously the
Foreign Intelligence Surveillance Act, 50 U.S.C. § 1861, allowed the government to collect any business
that is relevant to national intelligence based on such authority NSA collected all phone call information
the metadata from the major services providers in the U.S. the defendant in this case Basaaly Moalin
was convicted as he was identified though NSA program. In the case Moalin challenges the
constitutionality and the legality of the NAS metadata program. Regarding the right to privacy in an age
of terrorism the case presents several questions. Fist Did the district court appropriately reject evidence
that Moalin was against al-Shabaab on the grounds that the proffered proof was from 2009 and the
arraignment charged 2007-08 acts? Did the district court appropriately deny Appellants' motion to
permit the recorded testimony of the witness with exculpatory proof? Did the district court permit
unduly biased and unimportant material in enabling the administration to show evidence about the
"Dark Hawk Down" occurrence when it was truly unrelated to any of the charges?

After the 9/11 terrorist attack there has been a substantial change in the U.S regarding online privacy.
Before the attack the U.S citizens online activities were not monitored by independent agencies.
However, the incidence leads the US government to employ law and intelligence enforcement agencies
that conduct online surveillance as well as data collection. The most notorious agency is NSA that collect
citizens online activity data. This agency operates under the legislation of USA Freedom Act which is a
successor of USA Patriot Act. The legislation forbids bulk collection of consumers data by intelligence
agencies with the aim of increasing government transparency regarding Foreign Intelligence Surveillance
Court (FISC) cases. Besides, the Act permits large technology companies such as Facebook to inform
citizens when they have handed data to intelligence agency. EPIC advocates for solid protected
confinements on residential and electronic surveillance. EPIC has a specific enthusiasm for the NSA
Metadata Program, having brought the principal challenge in the Supreme Court, in re EPIC, 134 S. Ct.
638 (2013), and having affirmed before Congress on the need to constrain the extent of the
organization's surveillance exercises. EPIC has likewise as of late presented amicus brief in Smith v.
Obama, No. 14-35555 (ninth Cir.), a case right now pending in this Court, contending that the court
ought not stretch out the third party principle to present day metadata in light of the fact that the
verifiable premises basic Smith v. Maryland never again apply. EPIC routinely takes an interest as amicus
curiae before government and state investigative courts in cases involving privacy and electronic
PRIVACY AND TECHNOLOGY 4

reconnaissance issues. It couldn't be any more obvious, e.g., United States v. Jones, 132 S.Ct. 945 (2012);
Riley v. California, 134 S. Ct. 2473 (2014); Clapper v. Absolution Int'l USA, 133 S.Ct. 1138 (2013);

When it comes to personal information, privacy is vital as it limits government power and

the power of the private corporation. Personal data are essential in our lives as they are used to

make critical decisions and as such, they can affect one’s reputation and can be used to influence

people decision in cases such election or influences consumer behavior. It is imperative to note

that people have much at stake regarding the privacy of their data. Privacy mainly applies to

personally identifiable data. To avoid some of the risks associated to violation of users’ privacy

government and business organization should create awareness because the more people become

enlightened about privacy, the better they will be able to shield from the several risks of the

violation.
PRIVACY AND TECHNOLOGY 5

References

Bott, G. J., & Renaud, K. (2018, June). Are 21st-Century Citizens Grieving for their Loss of

Privacy?. In 2018 Dewald Roode Workshop on Information Systems Security Research.

IFIP Working Group 8.11/11.13.

Gasser, U. (2016). Recoding privacy law: reflections on the future relationship among law,

technology, and privacy. Harv. L. Rev. F., 130, 61.

Thierer, A. D. (2015). The internet of things and wearable technology: Addressing privacy and

security concerns without derailing innovation. Adam Thierer, The Internet of Things and

Wearable Technology: Addressing Privacy and Security Concerns without Derailing

Innovation, 21.

Tuttle, H. (2018). Facebook Scandal Raises Data Privacy Concerns. Risk Management, 65(5), 6-

9.