Category: Privacy

5

Genetic Testing: Further Debate with Richard Epstein

dna7.jpgRichard Epstein has posted a reply continuing our debate over whether employers should be able to use genetic testing information to make employment decisions regarding employees. Here are the posts in our debate so far:

1. Solove, IBM vs. NBA: Using Employee Genetic Information

2. Epstein, Two Cheers for Genetic Testing

3. Solove, A Reply to Richard Epstein on Genetic Testing

4. Epstein, A Third Cheer for Genetic Testing

Epstein’s latest reply, A Third Cheer for Genetic Testing, slips in another cheer for genetic testing. He asserts that my argument that genetic information only reveals propensities, not the presence of certain conditions, actually cuts in favor of employers using genetic information:

That information should not make the employer instantly hand out a pink slip. It is one factor among many to be taken into the overall assessment. The insurance could be supplied, but in exchange for an additional premium that reflects that additional risk. Or the health insurance could be supplied subject to an exclusion for the risky condition. Judgments like that are made all the time in the insurance business, and there is no reason why they cannot be made with the processing of genetic information.

Epstein is certainly correct that genetic information is helpful in assessing risk, and he is right that employers need not just fire or refuse to hire people with genetic predispositions. But there are larger normative issue at stake: What risks ought people to bear? Who ought to bear these risks? How ought these risk to be distributed throughout society?

Read More

2

FBI Intelligence Violations

fbi2a.jpgThe Washington Post is reporting on documents obtained by Marcia Hofmann at the Electronic Privacy Information Center that demonstrate a number of FBI intelligence surveillance violations:

The FBI has conducted clandestine surveillance on some U.S. residents for as long as 18 months at a time without proper paperwork or oversight, according to previously classified documents to be released today.

Records turned over as part of a Freedom of Information Act lawsuit also indicate that the FBI has investigated hundreds of potential violations related to its use of secret surveillance operations, which have been stepped up dramatically since the Sept. 11, 2001, attacks but are largely hidden from public view.

Read More

2

Making Universities Pay for Government Surveillance

computer-surveillance.jpg.gifIn 1994, Congress passed a law called the Communications Assistance for Law Enforcement Act (CALEA), which requires telecommunication providers to build wiretapping and surveillance capabilities for law enforcement officials into their new technologies.

A recent rulemaking by the Federal Communications Commission (FCC) significanty expands the reach of CALEA beyond telephone companies and ISPs:

The federal government, vastly extending the reach of an 11-year-old law, is requiring hundreds of universities, online communications companies and cities to overhaul their Internet computer networks to make it easier for law enforcement authorities to monitor e-mail and other online communications.

The action, which the government says is intended to help catch terrorists and other criminals, has unleashed protests and the threat of lawsuits from universities, which argue that it will cost them at least $7 billion while doing little to apprehend lawbreakers. . . .

Read More

0

Good Media, Bad Media

media1.jpgA 4-year old girl’s mother was murdered, and the girl was left abandoned. She was put on TV, and people’s calls helped her and lead to her mother’s killer. But now it is hard to get the media to leave the girl alone. From the New York Times:

But now, those caring for the girl . . . say coverage by the news media has become a curse. She is trapped inside her relatives’ home on Long Island, they say, unable to play outside or ride the new bicycle she received as a gift.

Eighteen days have passed since [the girl] talked about pizza, pickles and her cat on television, after child welfare officials made her available to the cameras in an extraordinary effort to find out who she was. Reporters have followed every step of her story and, until last night, had been camping outside the home of [the girl’s] temporary guardians, hoping for a new photograph or a word from them. . . .

Read More

4

Why Orwell’s 1984 Is So Bleak

orwell3a.jpgAccording to this article, the drab and dismal world portrayed in George Orwell’s 1984 was in part influenced by his bouts with illness:

The new study, by John Ross of Caritas St. Elizabeth’s Medical Center in Boston, recounts Orwell’s sickly life. . . .

Orwell was born in India in 1903 as Eric Blair. He suffered multiple bouts of bronchitis and other respiratory ailments, Ross writes. As a young man, Orwell had several episodes of bacterial pneumonia, and also contracted dengue fever while in Burma. He was a heavy smoker, and he suffered fits of coughing from a condition called bronchiectasis. . . .

[D]epressed by his wife’s death, Orwell moved to a windy and damp Scottish island. His health worsened significantly just as he was working on the first draft of “1984,” Ross reports. Fever, weight loss, and night sweats sent him to the hospital, where he underwent “collapse therapy,” a treatment designed to close the dangerous cavities that form in the chests of tuberculosis patients. . . .

“Orwell himself told his friends that 1984 would have been less gloomy had he not been so ill—it was a very dark, disturbing, and pessimistic work,” Ross said. Orwell’s illnesses “made him a better and more empathetic writer, in that his sense of human suffering made his writing more universal.”

I wonder what a less gloomy 1984 would have read like — Brave New World perhaps?

2

When Google Is King

google3.jpgWe are entering the age of the Google Empire. As Randy Picker at the Chicago Law Faculty Blog notes in a review of John Battelle’s The Search: How Google and Its Rivals Rewrote the Rules of Business and Transformed Our Culture:

Microsoft was the king of the personal computer, and the Windows Desktop represented the most valuable real estate available. The rise of search has changed that. Search is now the front-door to the Internet, and the documents located there are often more important than those that sit on your computer. Google, not Microsoft, is defining the new interface to the Internet.

Babies are now being named after Google.

Google is filing for patents for techniques to target ads based on search results.

Google has recently added features such as Blog Search, Instant Messaging, Email, Video Search, Maps, and more. There’s also the much discussed Google Print in the works.

And Google is now unwittingly entering into international affairs, finding itself in the middle of the squabble between China and Taiwan.

All roads, it seems, are leading to Google.

Read More

13

A Reply to Richard Epstein on Genetic Testing

dna6.jpgIn his first post to the relatively new Chicago Law Faculty Blog (which has turned out to be a really interesting blog by the way), Professor Richard Epstein argues against my recent post about genetic testing in the workplace. Epstein disagrees with my general view that it is better to restrict employers from using genetic information in making employment decisions.

epstein.jpgEpstein’s argument is based in part on his view that privacy is a form of misrepresentation, tantamount to a kind of fraud by concealing disreputable and harmful information. In this regard, he agrees with his colleague, Richard Posner, who makes a similar argument. If a person knows he will drop dead in a month from a fatal disease, it would be fraud to deliberately conceal this information on a life insurance application. So why not when seeking employment, Epstein asks, since employers often invest heavily in training a person?

Read More

6

IBM vs. NBA: Using Employee Genetic Information

ibm-nba1.jpgThis week, IBM announced that it would not use genetic information in making any employment decision:

On October 10, IBM Chairman Sam Palmisano signed a revision of the company’s equal opportunity policy specifying that IBM would not “use genetic information in its employment decisions.” In doing so, Big Blue became the first major corporation to proactively take this position. “Business activities such as hiring, promotion and compensation of employees will be conducted without regard to a person’s genetics,” wrote Palmisano in a letter to employees announcing the change.

In contrast, consider the story of Eddie Curry, an NBA basketball player. Curry was with the Chicago Bulls, but he had two incidents of heart arrhythmia. General Manager John Paxson decided to bench Curry for the rest of the season. Paxson wanted Curry to undergo a genetic test to further diagnose his heart condition, but Curry refused. According to this CNN-Sports Illustrated article:

Read More

0

Google’s New Privacy Policy

google.jpgGoogle recently revised its privacy policy:

Old Policy (July 1, 2004)

New Policy (Oct. 14, 2005)

Philipp Lenssen has a humorous translation of the legalese of Google’s new privacy policy. A brief excerpt:

 

What they say

What they really mean

 

Google collects personal information when you register for a Google service

or otherwise voluntarily provide such information. We may combine personal

information collected from you with information from other Google services

or third parties to provide a better user experience, including customizing

content for you.

When

you want to use one of our sites, I mean really use them, we put up

those little boxes where you type your name and stuff. Whatever you type in

any of those sites goes to our great big machine somewhere in the basement,

and from there, all of our employees can pretty much sniff around in it and

do fun stuff with it, like read it out loud on office parties.

 

For more Google humor, check out Randy Siegel’s joke Google website in the year 2084. (Hat tip: Thinking About Technology)

We here at Concurring Opinions have a privacy policy. Please don’t get alarmed after reading it — it’s a joke, of course. We don’t sell your information to others. Really. Not because we care about your privacy — just because we haven’t found somebody to pay us for it yet. . . .

2

Italy’s Surveillance of Cyber Cafes

italy3.jpgThis interesting story describes Italy’s strong antiterrorism laws, which require extensive monitoring of people’s use of the Internet in cyber cafes:

After Italy passed a new antiterrorism package in July, authorities ordered managers offering public communications services, like Mr. Savoni, to make passport photocopies of every customer seeking to use the Internet, phone, or fax. . . .

Passed within weeks of the London bombings this summer, the law is part of the most extensive antiterror package introduced in Italy since 9/11 and the country’s subsequent support of the Iraq war.

Though the legislation also includes measures to heighten transportation security, permit DNA collection, and facilitate the detention or deportation of suspects, average Italians are feeling its effect mainly in Internet cafes.

Before the law was passed, Savoni’s clients were anonymous to him. Now they must be identified by first and last name. He must also document which computer they use, as well as their log-in and log-out times.

Like other owners of Internet cafes, Savoni had to obtain a new public communications business license, and purchase tracking software that costs up to $1,600.

The software saves a list of all sites visited by clients, and Internet cafe operators must periodically turn this list into their local police headquarters.