Is the future a trade between convenience and privacy?

This TechCrunch piece talks about how (predictably) Google wants to build the “ultimate personal assistant.” With Google’s collecting user preferences cross-platform and applying algorithms to ascertain intentions, getting around in the world, purchasing things, and interacting with others could get a lot easier.

But at what cost? The success of any platform that becomes a personal assistant in the cloud would depend entirely on the collection of vast amounts of information about the individual. And since Google makes its fortunes on advertising, there is no reason to be confident that the information gathered will not be put to uses other than adding conveniences to the user’s life. Simply stated, the platform is privacy-destroying.

What if one wants to opt-out of this utopically convenient future? Might such a person be unfairly disadvantaged by, for example, choosing to undertake tasks the “old fashioned” way, unassisted by the privacy eviscerating tools? This points to larger questions about augmented reality. As a society, will we implement regulations to level the playing field among those who are not augmented versus those who are? Questions of social justice in the future may take a different tone.

Guy faces lawsuit for using another man’s Facebook pics to send sexually explicit communications to undercover cops

Defendant emailed three pictures, thinking he was communicating with two 14-year-old girls. But he was actually communicating with a police detective. And the pictures were not of defendant, but of plaintiff — a cop in a neighboring community. The pictures were not sexually explicit, but the accompanying communications were. Defendant had copied them from plaintiff’s Facebook page.

Plaintiff and his wife sued defendant under a number of tort theories. Defendant moved to dismiss plaintiffs’ claims for false light publicity and intentional infliction of emotional distress. The court denied the motion.

It found that the false light in which defendant placed plaintiff through his conduct would be highly offensive to a reasonable person, and that defendant had knowledge of or acted in reckless disregard as to the falsity of the identity of the person in the photo, and the false light into which the plaintiff would be placed.

As for the intentional infliction of emotional distress claim, the court found that: (1) defendant intended to inflict emotional distress or that he knew or should have known that emotional distress was the likely result of his conduct; (2) that the conduct was extreme and outrageous; (3) that the conduct was the cause of plaintiff’s distress; and (4) that the emotional distress sustained by the plaintiff was severe.

Defendant argued that his conduct was not extreme and outrageous. The court addressed that argument by noting that:

[Defendant] cannot do that with a straight face. The test is whether “the recitation of the facts to an average member of the community would arouse his resentment against the actor and lead him to exclaim, Outrageous!” . . . This is such a case.

Plaintiff’s wife’s intentional infliction of emotional distress claim survived as well. This was not, as defendant argued, an allegation of bystander emotional distress, such as that of a witness to an automobile accident. Defendant’s conduct implied that plaintiff was a sexual predator. This would naturally reflect on his spouse and cause her great personal embarrassment and natural concern for her own personal health quite apart from the distress she may have experienced from observing her husband’s own travail.

Dzamko v. Dossantos, 2013 WL 5969531 (Conn.Super. October 23, 2013)

Can the government violate the Computer Fraud and Abuse Act?

Short answer: Pretty much no.

The Computer Fraud and Abuse Act is found at 18 U.S.C. 1030. Subpart (f) reads as follows:

This section [i.e., the Computer Fraud and Abuse Act] does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States.

The recent controversy over whether the FBI and/or the NSA is behind the recent Tor anonymity compromising brings this question up. So we can cut right to the question of whether that conduct is outside this exception to the CFAA, in that it is not a “lawfully authorized” law enforcement activity. Given the nuance and complexity of these issues, we should not expect easy answers.

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