Many people use the Internet today and everyone will have at least one chance during their lifetime to use the internet or see how it works. The internet is the modern day encyclopedia, dictionary, streaming media like TV- , and much more information just at your finger-tips. These are all great pros about the internet but there still remain some questionable things about it. Do people have privacy rights or any rights while surfing the internet? At this time, there are not laws that protect user privacy, but ideas are being discussed about internet privacy laws that would protect users.
The internet is a large group of interconnected computer networks all over the world. Each person when they log on to the internet they have something almost like a photo I.D or a drivers license. This I.D is called the internet protocol (I.P) address and is shared with the internet provider without your choice. Jonathan Bick an adjunct professor of Internet law at
Based on the PRIVACY RIGHTS ON THE INTERNET article many websites have a policy that each person has to read and agree to while on the site. A good example given is the website of E-bay. On the website upon signing up the " … registration process automatically sets the default to "yes," which ensures that unless the readers are fully alert in reading all the details, they would automatically and perhaps inadvertently, agree to have their private information sold or shared with telemarketers and to receive promotional material from eBay. As you have read this what exactly does it mean? This means that you do have some sense or kind of privacy on the internet protected by the fourth amendment. The fourth amendment states that "unlawful requests for information with unlawful search and seizure. The other approach required physical trespass into a zone of privacy". In here there is not really privacy but instead unlawful seizure of information. The word privacy is not used but is hinted out. Once a person agrees to the policy (like selling your information to telemarketers or sharing your information) you are basically signing your rights over to the website you are now on. As soon as a person agrees with to the policy (terms) everything done like how many times your mouse is clicked on a website, surfing history, and anything done on the internet is being shared or given out by their consent.
In the article of ‘Privacy Rights On The Internet: Self-Regulation or Government Regulation?’ how cookies are used is explained and made simpler. One of the internet companies that use cookies is called DoubleClick. Lets’ say for example, DoubleClick has an advertisement on Amazon or eBay once a user double clicks on the advertisement two cookies are put onto the computer. These cookies are sent to advertisers that have product similar to what the user is looking for “Doubleclick is in the business of serving as the middleman between content-rich websites and advertisers seeking to promote their goods to consumers who frequent those sites”. Double click can now match the online user with the advertisers and “advertisers who want to target individual consumers. And advertisers are willing to pay DoubleClick for it”.
Bick reviewed a 1999 federal commission trade policy and thinks it should be taken into consideration as an internet privacy law also. "Notice/awareness… Choice/consent… Access/Participation… Integrity/Security… ". The first part of this is the notice and awareness which basically explains the information use and has a disclosure of infonnation practices. In this new to be law the second part would be the consent of the user. This is to give the user the choice to sell their information for benefits so they would also be wining. The third part of the idea is to is necessary when information is being aggregated from multiple sources. The fourth and one of the most important ideas is the security having each person's information secure from theft or tampering. The last idea to be discussed in this new to be law is providing a mechanism to ensure compliance. All these new ideas would be ideal for a new internet privacy law.
Based on internet privacy and state having internet privacy is kind of a two way thing. To have privacy “data privacy must be constructed" around the “…primacy of individual responsibility and nongovernmental action." This is basically saying that each person kind of protects their own privacy. Meaning that our privacy is within our own control. Later in the article it says it more clearly and explains it a lot more. "Despite the belief that cyberspace is a "fiction free" medium, pervasive restrictions exist in it regarding freedom of choice regarding information privacy. Yet, for self-reliant consent to fulfill its assigned role for shaping privacy, individuals must be able to choose between different possibilities-and significant reasons exist for doubt on this score." What exactly does this mean? This is simply saying that the internet users give up the internet privacy by choice. It is not that anyone is forcing them to give up their privacy but they willingly give it up just to be on the internet.
Some people are unhappy about not having internet privacy, but the matter of fact is that we do have internet privacy. It is just not favored by the providing internet companies. The basic default settings from the internet companies disfavor the idea of privacy. This is because they make an enormous amount of money by selling this information. In the article of Internet privacy and state it is stated that the best way to completely leave the internet. "Yet, industry standard setting largely disfavors privacy at present." Internet companies largely benefit from developing standards, including new software, which preserves the current status quo of maximum information disclosure. Once the online industry is able to "lock-in" a poor level of privacy on the web as the dominant practice, individuals may not have effective recourse to other practices. "They can protest, but collective action problems on the internet, as I have suggested above, are widespread. Moreover, there is no where else to go==except to leave cyberspace".
So let's review all the evidence once more to make everything clear. Is there any internet privacy? No not exactly, there is internet privacy but not a specific law for internet privacy. Meaning that the fourth amendment of the constitution does not allow for seizure of information; the words from the constitution "unlawful requests for information with unlawful search and seizure”. The other approach required physical trespass into a zone of privacy. By this quote everyone does have a sense of privacy provided by the constitution. But does this mean that internet users have privacy? No, because once a person signs up with an internet provider this means that they are signing over their rights to the internet provider. After all the evidence is only leading towards one way. That is that we do not have cyberspace (internet) privacy. The only way to have privacy is to completely leave cyberspace. Many will ask but is there anything being done about this enormous problem? Yes, law makers and internet privacy supporters are now considering making a new law. The 1999 Federal Commission Policy is being reviewed as a possible new internet privacy law.
Citation
1) Jamal, Karim, and Norman E. Bowie. "PRIVACY RIGHTS ON THE INTERNET: SELF-REGULATION OR GOVERNMENT REGULATION?" EBSCohost. July 2006. Web. 13 Apr. 2011.
2) Schwartz, Paul M. "Internet Privacy and State." 32
3) Walton, Timothy J. "Internet Privacy Law." Internet Attorney. 20 Aug. 1999. Web. 14 Apr. 2011.
4) Bick , Jonathan. "INTERNET COMMUNICATION PRIVACY RIGHTS." Bicklaw.com. 16 Mar. 2009. Web. 08 May 2011.
