WTF Happened to the Constitution?!

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WTF Happened to the Constitution?!
The Right to Privacy in the Digital Age
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There is no explicit right to privacy in the Constitution, but some aspects of privacy are protected by the First, Third, Fourth and Fifth Amendments. This presentation will discuss the historical development of the right to privacy, and in particular, the development of the Fourth Amendment; and then compares this historical development to the current digital age. The development of the right to privacy (especially given the historical context of the Fourth Amendment) to our current age requires us to deal with technologically invasive personal searches as airports, searches and seizures of laptops and other computing devices, and how to handle stored communications. It becomes evident very quickly that searches and seizures are not so clear when it comes to bits and where do we go from here? Michael Schearer ("theprez98") is the author of the "Assault on Privacy" blog, which focuses on governmental intrusions into privacy rights. He also hosts monthly "Flex Your Rights' nights at Unallocated Space, a central Maryland hackerspace. Michael is a government contractor who spent nearly nine years in the United States Navy as an EA-6B Prowler Electronic Countermeasures Officer. His military experience includes aerial combat missions over both Afghanistan and Iraq and nine months on the ground doing counter-IED work with the U.S. Army. He is a graduate of Georgetown University's National Security Studies Program and a speaker at ShmooCon, DEFCON, HOPE, and other conferences. Michael is a licensed amateur radio operator and an active member of the Church of WiFi. He lives in Maryland with his wife and four children

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good morning my name is Michael shear the prez mighty 8 i'm going to talk to you today about the right to privacy or perhaps the lack of the right to privacy so let me tell you about Who I am my
apologies ahead of time if I talk fast I got about 85 slides I want to go through most of this stuff will get through as much much of it as I can but if I gloss over something feel free to ask you a question for the press yes you have from a person you could take my picture but don't take pictures of other people without asking them i'm the owner of my own company it's called leverage consulting spend eight and a half years in the Navy as a ea-6b prowler electronic communications officer thank you thank you did some aerial combat missions over Afghanistan and Iraq and I also spent nine months on the ground with US Army doing counter-ied operations also founding member of the church of Wi-Fi and unallocated space which is a central Maryland hacker space and a father of four so one of the
things that I'd like to do one of the things that speakers do in the being of a talk is they tell you about about who they are that's sort of like their way of saying well why am I qualified to talk about this well I'm not but I'm going to tell you anyway I run a run a blog called the assault on privacy basically post articles to government invasions of privacy so if you just Google assault on privacy it's the it's the first hit you'll find so that's one of the things that I've done I've done that for about a year now I'm also one
of the founding members of unallocated space which is a central Maryland hacker space and I host a monthly night called flex your rights night and what we do is we talk about political and civil rights privacy rights free speech rights
photographers rights and just talk about
those issues and how they impact us how to deal with with police encounters and that sort of thing so that's that's why I'm sort of qualified why you should be
skeptical about it something I have to say most people don't say why they're
not qualified to talk about it and I'm going to tell you first of all I'm not a lawyer I'm going to talk about the Fourth Amendment a lot today and the
rights of privacy but I'm not a lawyer so you know my presentation is biased by how I grew up and where I grew up and
the experiences that I had which are different from every single one of you this isn't a political presentation I wouldn't come here and try to push my political beliefs on you but this presentation is influenced by politics inevitably so there's going to be some of that so I tell you that ahead of time and then the bottom line don't take my word for it and at the end of the slide deck which is already online and i'll show you the link the links to all the articles and everything I site on here if you question what I say then go read the article and come to your own conclusion I'm not trying to force my beliefs on you this is more of an awareness presentation part 1 we're
going to go through about a thousand years of history and about well maybe 10 minutes and this is sort of the most important part of the presentation which is sort of ironic because because this forms the basis for everything we talked about so history the right to privacy
well what is the right to privacy if somebody tell me where in the Constitution is the right to privacy anybody is that is there is there the word privacy in the Constitution of the Bill of Rights anywhere no there isn't that we have now so that we have privacy provisions in the Constitution and the Bill of Rights the First Amendment the third amendment the Fourth Amendment the Fifth Amendment all have privacy provisions but we don't have a generic right to privacy now the Supreme Court has ruled in several cases that there is a right to privacy however that's a court that it's not based on a document that's based on what the court says what courts change rights change not necessarily in a good way so where does it come from so that's the background the history part of this well we can go all the way back down back to about 12 15 and the Magna Carta and what so why do you see a lot of this stuff is we're going back to England so why do we go back to England well most of our law is based on English common law the colonists came over from England and they brought a lot of this stuff even though they didn't have any problems with the English they had problems with with the way things with the king they brought a lot of the stuff along that's all they knew so they they just adopted that so the laws in the can colonies and an English similar in terms of where they came from so the Magna
Carta was the first block proclamation of rights for citizens and the Magna Carta which you can obviously read here based on this high quality document that i'm showing you said that the Kings will was not arbitrary I mean this is this is very historic the basically said just because the King says something doesn't mean it has to be true there's a quote in the Magna Carta that says no free man should be taken or imprisoned or diseased of his liberties but by the law of the land basically saying the law is more important than man well we
backtracked a little bit and we came to a time in the 17th century where a prevailing theory was the Divine Right of Kings that the monarch divides his right to rule from God and that he can basically just do whatever he wants he's not subject to the law or even the church and this was this theory was used to justify absolute monarch ism in other words the king was above the law he could do whatever he wanted there are a
couple legal cases that I'll talk about and these are famous in Fourth Amendment history so mains kate's 1604 these two guys Gresham in beresford they lived together one of them died and he left his papers to a third guy who didn't live there and the sheriff of London came and he just kicked down the door and he said you know I'm coming to get these papers for this guy and sir edward coke who was later in Parliament said the house of everyone is to him as his castle and fortress as well as his defense against injury and violence as for his repose and this is actually a very historic and important quote because this forms really the basis for a number of doctrines in our in our in our politics in terms of the Fourth Amendment and how many of you are familiar with the castle doctrine the castle doctrine is basically the once you're inside your home you can defend yourself and that's where this comes from this castle doctrine comes from this time period
there was a book published called Lex Rex in 1644 lecture ex meaning the law and the prince but it really meant is the law is king in other words the king is not that employees isn't is important but he's not above the law this was written by Samuel Rutherford defends the rule of law limited government and constitutionalism this attacks the Divine Right of Kings of course he was charged with high treason and the book was burned the Glorious Revolution of
1688 we get the the English Bill of Rights this is the end of monterrey absolute monarch ism you can see how fast were flying through history here we
had the English Bill of Rights which was no royal interference with the law no taxation without a royal prerogative civil courts and so the courts run by the government instead of the church freedom a petition the right to bear arms no cruel unusual punishments these look very interesting don't they this is really the basis of our Bill of Rights
so at the time in the colonies and in England there was a thing called writs of assistance and risk of assistance were issued by the king and these were what were called general warrants general warrants were issued by the king and they basically said I don't like what XYZ is doing if you if you happen to see him arrest him and the reason we call them general warrants is because there was no particularity requirement in other words in a warrant today when you're served with a warrant or someone comes to the warrant they're supposed to say what they're searching for we're searching for computers and cds and whatever and we're searching your house at this address general warrants or writs of assistance had no such requirement and they didn't have a timetable you get a warrant now it says you have to serve it within a certain amount of time general warrants it's once they were issued by the king were were until the King died they could be served at any time George the third or Georgia second died instead October of nineteen sixty so his what his writs of assistance we're going to expire and Charles pacsun who was a British custom missile was trying to get these these warrants or these writs of assistance renewed the New King James Otis who was a Boston attorney basically said you know what you know these warrants should have something they should say something in them they should say you know what this what are you searching for they should have time requirements their problems anyway that the the pacsun ended up winning this case but someone in the courtroom who watched James Otis was John Adams and John Adams said that James Otis's attack on the writs of assistance was really the first seeds of the rebellion in the American colonies
another another quote of importance from William Pitt the poorest man may in his cottage bid defiance to all force of the crown it may be frail its roof may shake the wind may blow through it the storm may enter the Rain Man sir but the King of England cannot enter all of his forces can dare not cross the threshold of the ruined tenement again this is reinforced in the castle doctrine inside your house you know they just the kinkiest can't cook the King not just being the king himself but the king and his forces in his agents can't just come into your house without reason some
other cases which I'm going to skip over because they just don't have time and again these will be in your slot in the slides Woakes versus wooden antic versus carentan these are cases now in the colonies where newspaper guys who wrote newspapers radical newspapers were being arrested and rounded up for their you know herpa for their writings again Lord kandan in this case condemned the practice of general warrants Malcolm
affair again this took place in Boston they searched Malcolm's home which was also his business and he had a cellar that was locked and they he said ok you can come into my home right here but my sellers locked you can't go in there so they returned with a warrant but he had locked house and they couldn't do anything and at this point out James Otis who I talked about earlier it's suspected perhaps she was setting up a case you know he was like well let's let's see how far they're willing to go so we can go back to court provoking another
lawsuit so we see all this history in the colonies and in England and we see that now becoming into documents written by the founding fathers the redeemed Virginia Declaration of Rights which is another document that is a source for the Bill of Rights condemns the practice of general warrants state constitutions
so there were ten state constitutions adopted between the Declaration of Independence and the Constitution three of them expressly condemned general warrants three of them had provisions which were more or less the same as our current Fourth Amendment and and the rest of those states basically incorporated the current English common law which basically said hey general warrants are bad she's going to fly
again we're flying through history because they just don't have too many slides so there's there's three key
historical concepts at what I want to talk about that we that from all this history that we get and the first one is reasonableness and and some people have said that the word reasonable is perhaps the most litigated word in American history we see later on the word unreasonable in the Fourth Amendment what does that mean what is reasonable mean what does that mean 200 years ago what does that mean now we also see the practice of general warrants being condemned and that warrants require time place particularity so that's your
history lesson how did I do 10 minute oh pretty good part 2 let's talk about the
Fourth Amendment so here's the words of the Fourth Amendment I'm not going to read it to you but I want you to concentrate on the words that are in bold because we're going to talk about those here we see the word unreasonable search and seizure warrants probable cause and particular particularly so this is saying that let's let's kind of take some logic from this is it possible that there could be a search which is reasonable and therefore does not require a warrant yes the Fourth Amendment says that explicitly there could be some searches which are reasonable that don't require warrant but if they do require warrant they have to be that based on probable cause which is a legal standard supported by oath or affirmation which means a judge has to sign it and the particularity requirement which would says the Warren has it can't just be a general warrant it has to say what you're searching for now I did mention that some of the other amendments have privacy provisions you read the First Amendment doesn't look like it has privacy provisions but it does the freedom of association the freedom of anonymous Association the Second Amendment the third amendment is not really litigated at all and the Fifth Amendment which gives you self protection against self-incrimination which is certainly a privacy provision but we see here there's no general there's no general right to privacy so we rely mostly on the Fourth Amendment I
know you can't read this and I do this for a reason this is this is the first of three pages of a law school Criminal Procedure outline mostly dealing with the Fourth Amendment when I talk about those were all those words that were bolded being important in litigation this is why because all these things the Fourth Amendment while it reads nice and clean and smooth to us once lawyers start tearing it apart this is what you get again this is the first of three pages and we're going to talk about a few of these things a matter of fact I
kind of narrowed it down to this and this is what we're going to talk about and these are important questions on on why we see searches we see she's we see things going on that doesn't seem right why do these things work out the way they do so here's some key questions
that we're going to talk about was the action performed by the government was there a reasonable expectation of privacy and we course we're gonna have to define that because what does that mean was there a warrant and was the warrant proper and executed so now here we're in the second part of our section we're just going to talk about the Fourth Amendment so is
the action performed by a government let's say that you're going out to your favorite bar and you get patted down by a bouncer at the door and you feel that that was far too in true it was an intrusive search of you have your Fourth Amendment rights been violated no unless that bar is run by the state government or the federal government it's a private place you have no Fourth Amendment rights against a private institution or your neighbor comes and Kicks down your door you can't sue him for violating the Fourth Amendment or fourth amendment rights because you don't have any fourth remember rights against him however police federal agents local law enforcement whatever the action the search the seizure has to be formed by the government this is this state action doctrine it's very important because a lot of times we see things that we think violate our rights but we the action has to be performed by the state you go to a private internet forum and the moderator doesn't like your post and they delete it or that someone doesn't like and and people start screaming free speech there's no free speech in a private forum the state action doctrine says that your rights are protected against government infringement not private was
there a reasonable expectation of privacy there's two things that make up according to the courts a reasonable expectation of privacy a government intrusion can constitutes a search when there is a reasonable expectation of privacy otherwise it's not a Fourth Amendment so forth Mendez doesn't apply so reasonable expectation of privacy
there has to be two parts one is an actual expectation of privacy and this is something when you're apart if you're in this room do you have an actual expectation privacy probably not and the second part is is that expectation reasonable how many of you think that sitting in this room right now you have an actual expectation of privacy that if you talk someone might they shouldn't be able to hear it probably nobody does is there anybody who actually thinks that that would be reasonable no so from app from a reasonable expectation of privacy standpoint it doesn't exist in here what
about a phone booth do you have a reasonable expectation of privacy in a phone booth well it kind of depends did you close the door most phone booths don't have doors anymore but this is actually an important case that went before the Supreme Court and the Supreme Court said that you go into a phone booth and you close the door and you sort of you know talking softly or whatever you have a reasonable expectation of privacy in that the government if they want to seize those communications needs a warrant what
about it a public park do you have a reasonable expectation in a public park no you're in a public area what about in
your home of course you do these are easy cases we'll talk about a few you know borderline cases what about at the
airport do you have a reasonable expectation of privacy when I went through I came from bwi and there wasn't a whole bunch of people going through the security line so they were sending everybody through the naked scanner everyone and i was i was about to opt out and make a scene except that the line started getting long and they just waved people through so so what's going on all those people went through and didn't complain and this is a theme that I'll get to later but it may or may not be a violation of your privacy you can decide that on your own but if you go through without complaining you are helping create the expected expectation that's not a privacy violation imagine if everyone in the world or in the United States refuse to go through the scanner well then the expectation of pride now that's unrealistic to assume that everybody would do but imagine just for this example that everyone would refuse to go through them well then society's expectation is look you can't do that and we basically what I'm saying is that we as a society can contribute to changing the expectation of privacy what
about your trash well this is interesting if your trash is in your yard up against the side of your house it's part of the curtilage of your house and it's considered protected once you put that trash can out on the curb you're saying please take my trash away and you have no expectation of privacy in your trash once you put it out on the curb doesn't matter what's in there does a matter of few private documents in there you have said you've made a declaration that you don't expect that to be private anymore what about a backpack do you have the reasonable
expectation of privacy in something that's inside your backpack actually you do depending upon where you're at you have an a reasonable expectation of privacy in your backpack because it's in an enclosed backpack what about a clear
backpack probably not anymore there's I believe their schools now that they pee they feel everywhere clear backpacks or something like that and it's very kind of ridiculous we're doing on time good
what about social networks there's a lot of them this isn't all of them but how many of you are joggers or bikers or and where those things that GPS they track your your your route how many anybody out there how many post them online this I know you can't see this map but this is a guy who I I think he's a biker and he labeled like one as home and won his work and his profile was just viewable so this guy was saying and this is one of the many forms where people post these routes does he have a reasonable expectation of privacy that he works at XYZ company at this address no because he's putting it out there now we get to
the customer loyalty card there was a man in tukwila Washington in 2005 he's a firefighter and his home caught on fire while his family was inside and because because some firefighters in the past have started fires he was a suspect turns out that according to his safeway club card he had purchased the same fire starters that were used to start the fire so he was arrested well it turns out this guy didn't start the fire someone else actually came forward and he was later although he was arrested in charge he was writ later released how many people realize that everything you buy on these cards are being tracked and that the government doesn't necessarily need a warrant to get this information because you are willingly sharing it with someone else we'll get back to
these are general guidelines not not straight about reasonable expectation of privacy and these are how you can kind of if you think about it these is kind of an easy way to look at it it's the inside-outside doctrine in other words in your home inside your home reasonable expectation of privacy guess outside no in a container reasonable expectation of privacy yes outside the container know your body inside yes except in when you go through the airport outside your body no what about digital information well typically it's come down this way content information reasonable expectation of privacy yes non-content information like subscriber know what about a social network what about your what you set up private or what you share same thing now this doesn't answer your all of your questions but this is sort of a general guideline second question was there a warrant was there a warrant well part of that chart that I showed earlier was that there's a whole bunch of exceptions to warrants police come to your door and they asked to come inside you invite them inside and they see something illegal and they arrest you for it they had no warrant did they violate your Fourth Amendment rights no because you gave them consent plainview something that's in plain view does not require warrant open fields sort of the same thing curtilage I talked about curtilage is the area around your house outside of that area there's no expectation of privacy exigent circumstances your house is burning down there's a child screaming and as a police officer who happens to be walking by can he go into your house without a warrant of course he can and if you see something illegal you can be arrested for it doesn't require a warrant and then there I won't even go into the motor vehicle exception because it's very complicated depending upon where you are and if you have weapons and if you don't have weapons and but generally because a motor vehicle is mobile the warrant requirements are a lot less strict was
the warrant proper and executed correctly did was their actual probable cause or was it just a hunch a hunch is not probable cause was their particularity that weren't actually say what they were searching for was assigned by a neutral magistrate was that under oath was the probable cause stale or out-of-date was the execution timely that they actually knock and announce in most cases the police cannot kick down your door without announcing that they're there knocking and announcing now what's reasonable in terms of how long they knock before they kick down your door that's again reasonable goes back to what the courts decide do they only search areas listed in the warrant are they digging into other stuff then we have the exclusionary rule the exclusionary rule is a court derived rule that basically says evidence that is seized improperly has to be excluded well there's exceptions to the exclusionary rule in other words good faith that the police were the police acting in good faith inevitable discovery independent source and intervening acts again all these things you can look up these are exceptions this this is why evidence that is seized illegally may still be allowed in court and then finally burden of proof we generally in our justice system of four levels of burden of proof first is reasonable suspicion this is the lowest burden of proof and this is above a hunch this is you have some amount of facts that suspect someone may have been involved in a crime then there's probable cause which is a higher standard preponderance of the evidence which is a burden in civil cases preponderance the evidence is basically a 51-percent you know if we take all the facts and 51-percent sayur say you're you're you're guilty than your this is how for example oj simpson was found liable in the civil case but not in the criminal case it was a burden of proof issue and then beyond a reasonable doubt which is our burden of proof in criminal trials part three is the this is the things that should piss you off because all these things that I want to talk about are attacking all the things that I just talked about they're attacking at the fringes and sometimes at the heart of some of the principles that I talked about administrative searches
administrative warrants and subpoenas and public surveillance schools and student rights legislators judges and Technology and then yes it's your fault too administrative searches so what's an administrative search when you go to the airport and and they subject you to a search well and they're patting you down you're thinking this is a ridiculous I have Fourth Amendment rights well the courts say that a search thickens is conducted as part of a regulatory scheme is an administrative search and therefore is by default reasonable that doesn't sound very that's a where's the where's this in art in the Fourth Amendment I don't see this the context being that in an administrative search you're just it's a regulatory scheme they're trying to prevent terrorism or whatever you know whatever the threat is they're not supposed to be searching for individual elements of crime like things in your bags that are just whatever that doesn't make any sense but administrative searches are often a pretext for criminal searches and that's where they become a problem and I'll show you an example of that what can we do about this well we just we just have to continue to show that these searches are very intrusive this is very tough because as well established administrative search doctrine is well established in the law I'm going to show
you a bunch of headlines and I'll read off the headline and just give you a basic because I know you can't read them this basically says this was this came out a few weeks ago it said that that the naked scans are constitutional because their administrative searches and the Fourth Amendment analysis in this case before the DC Circuit Court of Appeals was actually very short it was of only a few paragraphs they basically said we've said before administrative searches are okay and this is okay so that's it I'm going to read this time
because you've seen at the airport thank you for your patience follow our transportation security officers also have rights to protect their safety threats verbal abuse or violence will not be tolerated please give them respect your safety is our priority really so these are showing up in the airports they're more concerned about their rights and there's no mention of your rights in here the title of this
article is the SWAT team would like to see your alcohol permit and and this article isn't about using administrative searches as a pretext for criminal searches and this article is actually about a case in Florida where police were sending shop owners into barber shops in Florida where they suspected that they were dealing drugs and they said they were checking their barber licenses well in like the last ten years one person's been arrested for like falsifying a barber license in Florida but if they happen to find anything on these searches you know then then they're guilty now to these administrative searches to check these barber shops or the do they require warrants of course not they don't the police just happened to be come along this is ridiculous this is a violation of the Fourth Amendment this is a case in minnesota minnesota tenants challenge housing noising inspectors where this city was telling their in their housing inspectors to inspect people's houses but if you happen to see anything illegal report them back to us no warrant required the
DC metro last December started random bag inspections can you refuse to have your bag search yes and then you just go into another entrance to the Metro they don't actually prevent you from doing that security theater at its best bunch
of people in Savannah Georgia we're getting off getting off an Amtrak train and one of the TSA what do they call these teams Viper teams ten minutes thank you one of the TSA Viper teams were searching people after they got off the train ridiculous Amtrak Chief of
Police actually said get the fuck out to the TSA administrative warrants I have 10 minutes I ought to fly administrative warrants are warrants that don't necessarily go to a judge they just go to administrative agency the best example is the National Security Letter most of you have seen these or heard of them the FBI says national security give us your information by the way you can't tell anybody you got this
flying there's a researcher named
Christopher C goin he has a blog called slight paranoia there's a link on the back of my thing he's doing a lot of great research on privacy about how the government is searching credit card records and credit card transactions again without warrants public
surveillance there's cameras all over the place while everybody was staring at the very cool design on the floor in the in the registration lobby those half dozen security cameras were looking at you the ACLU released a report in
Chicago that said there were something like you know 20,000 surveillance cameras in the city ridiculous Supreme
Court is going to decide the next term on the constitutionality of of GPS monitoring long-term GPS monitoring without a warrant in other words they slap a GPS tracker on your on your vehicle and track you for weeks at a time without a warrant in Maryland a
bunt and there's a lot there's a bunch of this article from Maryland but there's a bunch of agencies around the around the United States now they're using these automated license plate things they capture your license plate hundreds of them at a time and the quote at the bottom here says police agencies typically keep the information for up to a year from receiving it before removing it from the system we'll wait a second what was what was your probable cause to even scam a license plate in the first place okay maybe I don't have the right to privacy but are you just going to keep that information for a year or they're really going to delete it how
many people have easy pass or a fast track or one of those different systems are you willingly handing over your information to a private agency which will willingly hand it over to the government and paying for it there's a couple cases EZ Pass where they were handing information over to law enforcement they were using it to catch speeders schools and student rights
students typically don't have the same rights as the rest of us when they're in school
this is the but this isn't a lot of privacy issue but this is the bong hits for jesus case where when the Olympic torch was coming past their school this kid set up a banner that said bong hits for jesus not in the school but across the street from the school and the Supreme Court said you do not have free speech our students cell phone records
discoverable kids kid is not supposed to have their phone in school it seized by the by the principal who decides well I'm going to look through the phone now finds picked the pictures of naked children and they get charged with child pornography oh this is a great one into
in Texas your kids go through the school line and there's a camera that takes a picture of their of their lunch tray counts the calories and then when they bring the tray back it counts the cast counts what you ate and then it tracks and sends and keeps track of what their kids are eating really this stuff is going on there's a Lower Merion
Pennsylvania where the kid took his laptop school issued laptop home and they were turning on the webcam and recording the kid in his house and the school district basically paid the family off and got off legislators and
judges well unfortunately they don't understand technology very well so again
we have a legislature in Pennsylvania said he wanted to pass a law that said you can't take pictures of documents with your phone if they those documents contribute to identity theft because that's a really big issue Internet
domain CC seizures they just your domain just gets seized because they think you're involved in piracy or something the court just came down yesterday and said that seizing a domain is not a is not unreasonable so it whatever well I'm sure if you run the website it's pretty fucking unreasonable to you we had a judge who said Wi-Fi is not a radio communication really
this is a bill Senate bills 978 that has
to do with copyright infringement that some people have interpreted that if you stir if you put something on YouTube that is copyright infringed and more than 10 people view it you can go to jail for five years criminal penalty so
I don't know what the answer is we have a lot of specialty courts in our system so maybe we need special technology courts where the judges and lawyers actually understand technology it's your
fault too because we share a lot of information all these things you're
voluntold a rewards card to stay here you're just giving your information up we talked about safeway e-zpass amazon foursquare I mean I'm check I check in you check in and you share that information Bing Maps has a twitter app
where you can just this is the Rio and see all the people who are tweeting from here and what they're saying and then you can start tracking Dave Marcus who works for mcafee has done a great presentation on tracking people using all the information they share on social media going fast we already talked about
third-party doctor in five minutes and this is that information that you share with someone else you've pretty much lost any expectation of privacy on it the courts have said that this is in in
the Netherlands tomtom sold information their GPS information to the police and police say thank you and they started trapped chat getting us for traffic speeders just in case you're not pissed
off by all these things there's a few more that I threw in here federal court
said if you are just arrested they can take your DNA and store it and say you're eventually they drop the charges they still keep your DNA just from being arrested how could you possibly oppose a bill called the protecting children from internet pornographers Act of 2011 people know HR 1981 is this is the data retention bill this is the bill that says ISPs have to keep all your information for a year well of course they're protecting against child pornographers it turns out that the ISPs right now hand over over a hundred thousand child pornography tips to the federal government every year and the federal government can't keep up so what are they going to do with this information what do you think t NID us
so it used to be that like cell phones didn't show up in phone books not anymore this information is all out there you type your phone number in here you're probably to show up so what
happened there's so other other resolve questions is email privacy protected by the Fourth Amendment one appeals court said it is but that doesn't mean anything is warrantless gps tracking unconstitutional or constitutional if you're stopped at a traffic stop and they ask to search your cell phone can they do that what if your cell phones locked and you don't want to unlock it some courts in some states have said yes and some courts have said no can the government force you to reveal what if your password is that you have you know truecrypt or something on your laptop and they want we need you to type in your password fuck no is privacy dead
some people have said privacy is dead I say well maybe not yet but it's dying pretty fast remember going back to reasonable expectation of privacy I said by our actions we can sort of change what society is believing so I think that we can start reclaiming privacy if we start protecting the information and stop sharing so much you know the expectation of privacy in society can be we can change the answers to those questions and we need to increase the awareness when we see people's privacy me violated even if it's not a violation of law we need to point those things out we need to shift our focus and I'm going to go through this embed a minute do you have a right to wear hats on Wednesdays well there's no there's no document that says that you can do that but we shouldn't be asking the question that way we should be asking the questions should not be do we have the right to do it the question should be does the government have the power to prohibit it and we're in the government where where's that power come from I don't have the time to talk about it but you know look at the enumerated powers the Ninth Amendment the Tenth Amendment the Fourteenth Amendment are we in a society where we have islands small islands of liberty and a sea of government power or we in an environment we should have small islands of government power in a sea of Liberty we're basically it says unless the government has the power to do it to prevent you from doing you should be able to do whatever you want you should be able to if you want to be left alone you should be able to be left alone and then again you can make a difference judge Allis could a judge alex kozinski the US circuit court of appeals for the ninth circuit says it's our fault we're sharing so much we don't share as much for a little we don't give up our privacy for convenience then maybe we can change the expectation of privacy thank you very much