IS THE RIGHT TO PRIVACY THREATENED

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IS THE RIGHT TO PRIVACY THREATENED?

• Four Girls and a Guy
• Michigan State University
• ATL135001
• John A. Dowell, instructor

2
QUIZ

• 1. According to Etzionis A Loss of Privacy
  Benefits Society, what law allows parents to
  find out when their new neighbor is a convicted
  child molester?
• MEGANS LAW
• 2. Although the FBI maintains the court orders
  are generally needed to investigate potential
  acts of bombing, arson, and firearms violations,
  what percentage of wire-tapping cases are
  actually used to investigate those crimes?
• 0.2

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QUIZ CONTINUED

• 3. Which Amendment of the Constitution
  establishes the right of the people to be secure
  in their persons, houses, papers and effects,
  against unreasonable searches and seizures?
• Fourth
• 4. Which of the following is the proposed
  database that will include personal information
  on every American gathered from records kept by
  other federal agencies, state and local
  authorities, private organizations, and media?
• Compliance 2000

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INTRODUCTION

• Is the right to privacy threatened?
• Individual
• Companies v. Researcher
• Industry Activity
• Agency Activity
• Consumer privacy
• FTC privacy policy
• Government and Banking Industry

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A LOSS OF PRIVACY BENEFITS SOCIETY

• Protection from sex offenders
• Nanny Cam
• Doctor Data

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A LOSS OF PRIVACY HARMS SOCIETY

• Internet Databases
• How much do they know?
• Financial Privacy
• FinCENFinancial Crimes Enforcement Network
• Social Security Number
• Little Legal Protection
• Who has your ?
• Medical Records
• Who has access to your records?

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MORE LAWS ARE NEEDED TO PROTECT PRIVACY

• Financial Privacy Act of 1999 (H.R. 30)- would
  make it a crime toobtain/purchase financial info
  that has been obtained through the use ofany
  form of pretext.
• Privacy Act of 1974- protects individual's
  privacy from misuse of federalrecords. suggested
  legislation -paparazzi should be required to
  have permits -make photographing an unwilling
  subject illegal

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More Laws Are Not Needed To Protect Privacy

• The first amendment says that the government
  can't dictate what the public has a right to
  know.
• Paparazzi- a free-lance photographer who
  aggressively pursues celebrities for the purpose
  of taking candid photographs (according to
  Merriam-Webster).
• More laws limiting paparazzi are not needed
  because they are only giving the public what they
  want. Every state already provides civil
  remedies for those who believe their privacy has
  been violated.

9
Random Drug Tests On Student-athletes Do Not
Violate The Right To Privacy

• Students who voluntarily participate in school
  athletics have reason to expect intrusions upon
  normal rights and privileges, including privacy.
• Drug test process.
• 1991 Vernonia school district James Acton
  refused to take test district court denied the
  claims and the U.S. Court of appeals reversed it.
• Fourth amendment the right of the people to be
  secure in their persons, houses, papers, and
  effects, against unreasonable searches and
  seizures.

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RANDOM TEST DO NOT VIOLATE THE RIGHT TO PRIVACY
CONTINUED

• Fourth Amendment
• reasonableness
• Fourteenth Amendment
• extends constitutional guarantee to searches and
  seizures including public school officials
• Effects of Drugs on Students
• some athletes are known as being the leaders of
  the drug culture
• Physical and psychological effects of drugs

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RANDOM DRUG TESTS ON STUDENT-ATHLETES VIOLATE THE
RIGHT TO PRIVACY

• The school Districts suspicionless policy of
  testing all student-athletes sweeps too
  broadlyto be reasonable under the Fourth
  Amendment..
• Suspicion-based testing
• Illinois v. Krull (1987)
• New Jersey v. T.L.O (1985)
• Principals Counterargument
• Physical Exams and Vaccinations

12
WIRETAPS VIOLATE THE RIGHT TO PRIVACY

• According to the U.S. Supreme Court, each and
  every electronic intercept constitutes a search
  and seizure under the Fourth Amendment.
• Wiretaps by the F.B.I have unnecessarily
  intercepted millions of innocent conversations
• Enemy of the State
• F.B.I certainly intend to extend wiretapping

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WIRETAPS VIOLATE THE RIGHT TO PRIVACY CONTINUED

• Nearly 2 Million Conversations in 1994 alone were
  intercepted by federal and local enforcement
  wiretaps
• 83 of electronically surveillance intercepts are
  sought to investigate possible gambling and drug
  offenses
• 0.2of wiretapping is used to investigate
  bombings, arson, and firearm violations

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WIRETAPS ARE NECESSARY TO FIGHT CRIME

• Civilized life is a compromise, and wiretaps
  have proved their value beyond doubt over the
  last decade, wiretaps have played a role in
  convicting tens of thousands of felons.
• Enemy of the State
• Over the last decade, wiretaps have played a role
  in convicting tens of thousands of felons and
  solving (or preventing) large numbers of crimes.

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WIRETAPS ARE NECESSARY TO FIGHT CRIME CONTINUED

• Everyday, vicious, murderous criminals use the
  nation's telephone systems to conduct a
  diabolical trade in kidnapping, extortion,
  organized crime, drug trafficking and foreign
  espionage.
• The Administration's Digital Telephony and
  Communications Privacy Improvement Act passed
  into law in 1994

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CONCLUSION

• Hope you all enjoyed are presentation
• Thank you for watching