A lecture delivered at St. Michael's College, Colchester, VT on February 24, 2011. "Living in a Wired World" is a look at the origins of the right to privacy and the impact of technology.
1. Living in a Wired World Frederick S. Lane St. Michael’s College 24 February 2011 www.FrederickLane.com
2. Lecture Overview Introduction “So That a Man Can Stand Up” Privacy in the Bill of Rights 1890 – Good or Bad Year for Privacy? The Warren Court and Privacy Our Changing Zone of Privacy The Future of Privacy www.FrederickLane.com
8. “So That a Man Can Stand Up” www.FrederickLane.com
9. Privacy in the Bill of Rights 1st Amendment – Freedoms of speech, religion, association, assembly 2nd Amendment – Right to Bear Arms 3rd Amendment – No quartering of troops 4th Amendment – Freedom from unreasonable search and seizure 5th Amendment – Freedom from self-incrimination 6th Amendment – Right to counsel at trial 9th Amendment – Unenumerated rights reserved www.FrederickLane.com
10. 1890 – Good or Bad Year for Privacy? www.FrederickLane.com
11. 1890 – Good or Bad Year for Privacy? www.FrederickLane.com
12. 1890 – Good or Bad Year for Privacy? www.FrederickLane.com
14. The Warren Court & Privacy Mapp v. Ohio, 367 U.S. 643 (1961) – exclusionary rule Griswold v. Connecticut, 381 U.S. 479 (1965) – establishing a “right to privacy” Miranda v. Arizona, 384 U.S. 436 (1966) – right to remain silent Katz v. United States, 389 U.S. 347 (1967) – warrantless wiretapping is illegal www.FrederickLane.com
17. We Are All Branded Now Friends and Family College administration and security Graduate schools and fellowship committees Future romantic partners/spouses Future employers: at least 50% of all employers use Google and Facebook Law Enforcement www.FrederickLane.com
18. The Wired Workplace The Ethics of Googling Job Applicants Other Types of Background Checks Whose Wires Are They Anyway? Free Speech and Employment Is Your Boss Your “Friend”? www.FrederickLane.com
19. The Cost of Bad Publicity – Part 1 Stacy Snyder denied teaching license for MySpace photo labeled “Drunken Pirate” Others have lost college admissions, scholarships, fellowships, even jobs At least half of employers cite drinking or provocative photos as red flags www.FrederickLane.com
20. The Cost of Bad Publicity – Part 2 Ashley Payne, a 24-year-old high school English teacher, traveled to Europe for vacation and posted photos to her Facebook account An anonymous individual forwarded one photo to school officials Payne was summoned to the principal’s office and told to resign or be suspended. www.FrederickLane.com
24. Privacy R.I.P.? www.FrederickLane.com What Is It We’re Trying to Protect? No Single Definition of Privacy Fundamental Concept is Control Switch to “Opt-In” Model Federal Privacy Protection Agency? Education and Self-Control A Transparent Society?