ABSTRACT

Minding the Gap: The Growing Divide Between Privacy and Surveillance Technology   [open pdf - 744KB]

From the thesis abstract: "Pervasive mass surveillance in a given in U.S. society. However, whether U.S. citizens sacrifice privacy as a result remains under debate. Does privacy fade away in light of the connected world in which we all live? The recent U.S. Supreme Court decision in U.S. v. Jones did not address whether pervasive mass surveillance by the government constituted a search under the Fourth Amendment, and, thereby, triggering constitutional review. The lack of legal guidance presents challenges for law enforcement investigations, as it can takes years for a court to decide a privacy case and surveillance technology evolves at a far more rapid pace. Given the refusal, or inability, of the courts to answer what constitutional privacy protections are afforded U.S. citizens in light of the growing use of sensor technology to conduct mass surveillance, inclusive of GPS [Global Positioning Satellite], RFID [Radio Frequency Identification], and LPR [License Plate Recognition], comprehensive legislative privacy options must be explored. To date, privacy has been left to the individual states, which results in privacy protections based upon geography. Federal privacy legislation is limited, focusing on certain technologies, such as eavesdropping under Title III, or certain privacy issues, such medical record data under HIPAA [Health Insurance Portability and Accountability Act]. Further, very few laws govern the use and dissemination of the PII [Personally Identifiable Information] data that derives not only from governmental surveillance, but also from commercial data collection. A federal data protection act would define the privacy interests protected, rather than using the law to limit the government's specific use of a surveillance technology, which would ensure that the rules of engagement for the government surveillance were clear and held the government accountable to its citizens."

Author:
Publisher:
Date:
2013-06
Copyright:
Public Domain
Retrieved From:
Naval Postgraduate School, Dudley Knox Library: http://www.nps.edu/Library/index.aspx
Format:
pdf
Media Type:
application/pdf
Source:
Cohort CA1001/1002
URL:
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Listed on August 7, 2013 [Critical Releases]