Exam 2: Privacy

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Explain why the United States has historically placed less value than the European Union on the right to privacy.

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There are several reasons why the United States has historically placed less value on the right to privacy compared to the European Union.

Firstly, the United States has a different legal framework and historical context when it comes to privacy rights. The US Constitution does not explicitly mention the right to privacy, whereas the European Union has a more explicit and comprehensive legal framework for privacy rights, such as the General Data Protection Regulation (GDPR). This difference in legal foundation has led to a different approach to privacy rights in the two regions.

Secondly, cultural and societal attitudes towards privacy also play a role. The United States has a more individualistic culture, which may lead to a greater emphasis on personal freedoms and liberties, including the right to privacy. On the other hand, the European Union has a more collective approach to privacy, with a greater emphasis on protecting the privacy of the community as a whole.

Additionally, historical events and experiences have shaped the approach to privacy rights in each region. The United States has a history of government surveillance and security concerns, which have sometimes been prioritized over individual privacy rights. In contrast, the European Union has experienced totalitarian regimes and has placed a greater emphasis on protecting privacy as a fundamental human right in response to these historical events.

Overall, the differences in legal frameworks, cultural attitudes, and historical experiences have contributed to the varying levels of importance placed on the right to privacy in the United States and the European Union.

When a person visits a Web site, his or her IP address and the links he or she clicked on are automatically recorded. This is an example of

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MATCHING -COPPA

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F

MATCHING -FTC

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In Olmsted v. United States (1928), the U.S. Supreme Court interpreted the Fourth Amendment to apply only to physical intrusion.

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What are some "pros" and "cons" to having a national ID card that can access all of one's financial and medical information?

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MATCHING -encryption

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U.S. v. Jones (2012) was the first major case of digital technology surveillance and involved police attaching a GPS tracking device to a person's vehicle without a search warrant.

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The Communications Assistance for Law Enforcement Act (CALEA) said that

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Briefly describe what an "opt-in" policy is and an "opt-out" policy is. Let's say you were filling out a survey for an online magazine. Give an example of what you'd see that would distinguish an opt-in from an opt-out policy.

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Consider the European Union and the United States. Which one of these cultures has historically placed a higher value upon privacy? Explain.

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MATCHING -ECPA

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MATCHING -computer matching

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Describe three of the Fair Information Principles.

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Why did the United States try to restrict strong encryption? What effect did that attempt at restriction have on U.S. businesses?

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MATCHING -RFID

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In Kyllo v. United States (2001), the U.S. Supreme Court ruled that when the government uses a device that's not in use by the general public to "see" things it could not without intrusion, that is a "search" and requires a warrant.

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The USA PATRIOT Act (2001) gives individuals more protection from governmental intrusion.

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A cookie is

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MATCHING -targeted marketing

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