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Five WaysFive Ways
Were KillingWere KillingOur Own PrivacyOur Own Privacy
Michael theprez98Michael theprez98 SchearerSchearer
ShmooConShmooCon FireTalksFireTalks
Washington, DCWashington, DC
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Michael theprez98 Schearer
Founder and Owner, Leverage Consulting &
Associates
8+ years in the U.S. Navy as an EA-6B
Prowler Electronic CountermeasuresOfficer
Veteran of aerial combat missions over
Afghanistan and Iraq
Spent 9 months on the ground in Iraq as a
counter-IED specialist
Founding member of Church of WiFi and
Unallocated Space, and father of four
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Why you should be skeptical
I am not a lawyer
My presentation is (both) unintentionally
and intentionally biased by my own beliefs
This isnt a political presentation, but it isinevitably influenced by political issues
Bottom line: Dont take my word for it; read
the source material and make up your own
mind!
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United States v. Jones
9-0!
Majority opinion: The Governments
attachment of the GPS device and its use of
that device to monitor the vehiclesmovements constitutes a search under the
Fourth Amendment
Sotomayor concurrence: it may be
necessary to reconsider the premise that
an individual has no expectation of privacy
in information voluntarily disclosed to third
parties.
Most important Fourth Amendment
decision in decades
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Five Ways
Ignorance
dont know, dont care, dont care to know
dont know, uneducated, carelessness
We are Consumers rumors, gossip, we want to know!
We are Social Animals
desire to share, social media
Convenience
better, faster, cheaper
Acquiescence
permission by silence or passiveness
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FIVE WAYS WEREKILLING OUR OWN PRIVACY
Ignorance
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Innocent Ignorance
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Innocent Ignorance
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FIVE WAYS WEREKILLING OUR OWN PRIVACY
We are Consumers
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We are Consumers
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FIVE WAYS WEREKILLING OUR OWN PRIVACY
We are Social Animals
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We are Social Animals
Man is by nature a social animal; an
individual who is unsocial naturally and
not accidentally is either beneath our
notice or more than human. Society issomething that precedes the individual.
Anyone who either cannot lead the
common life or is so self-sufficient as
not to need to, and therefore does notpartake of society, is either a beast or a
god.
--Aristotle, Politics
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FIVE WAYS WEREKILLING OUR OWN PRIVACY
Convenience
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Convenience
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Third-Party Doctrine
This Court has held repeatedly that the
Fourth Amendment does not prohibit the
obtaining of information revealed to a third
party and conveyed by him to Government
authorities, even if the information is revealed
on the assumption that it will be used only for
a limited purpose and the confidence placed
in the third party will not be betrayed.
UNITED STATES v. MILLER, 425 U.S. 435 (1976)
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Intercounty Connector (MD-200)
Electronic tolling (highways speeds) EZ-Pass onlyor
Video tolling at 150%
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Is it really worth it?
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FIVE WAYS WEREKILLING OUR OWN PRIVACY
Acquiescence
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FIVE WAYS WEREKILLING OUR OWN PRIVACY
Reasonable Expectation of Privacy
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Reasonable expectation of privacy
1. Actual expectation of privacy
2. Your expectation is reasonable to society
as a whole
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Reasonable expectation of privacy
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Reasonable expectation of privacy
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Reasonable expectation of privacy
var a = "actual expectation of privacy";
var b = "expectation of privacy is reasonable";
if ((a == 1) && (b == 1))
{
document.write("Reasonable expectation of privacy");
}
else{
document.write("Unreasonable expectation of privacy");
}
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Reasonable expectation of privacy
You know, I dont know what
society expects, and I think its
changing. Technology ischanging peoples
expectations of privacy.
--Justice Samuel Alito, United States v. Antoine
Jones oral arguments
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Key takeaways
If you have an actual expectation of privacy
AND society finds that expectation to be
reasonable, you have a reasonable
expectation of privacy
If either variable is false, there is no
reasonable expectation of privacy
Both values are in fact variables, meaning
we (you and I) can change them in
meaningful ways
We are actively responsible for the life and
death of our own privacy
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Five WaysFive Ways
Were KillingWere KillingOur Own PrivacyOur Own Privacy
Michael theprez98Michael theprez98 SchearerSchearer
ShmooConShmooCon FireTalksFireTalks
Washington, DCWashington, DC
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