Sony, Cyber Security, and Free Speech: Preserving the First Amendment in the Modern World

Reprinted from 16 U.C. Davis Bus. L.J. 309 (2016). This paper explores the Sony hack in 2014 allegedly launched by the North Korean government in retaliation over Sony’s production of The Interview and considers the hack’s chilling impact on speech in technology. One of the most devastating cyber attacks in history, the hack exposed approximately thirty- eight million files of sensitive data, including over 170,000 employee emails, thousands of employee social security numbers and unreleased footage of upcoming movies. The hack caused Sony to censor the film and prompted members of the entertainment industry at large to tailor their communication and conform storylines to societal standards. Such censorship cuts the First Amendment at its core and exemplifies the danger cyber terror poses to freedom of speech by compromising Americans’ privacy in digital mediums. This paper critiques the current methods for combatting cyber terror, which consist of unwieldy federal criminal laws and controversial information sharing policies, while proposing more promising solutions that unleash the competitive power of the free market with limited government regulation. It also recommends legal, affordable and user-friendly tools anyone can use to secure their technology, recapture their privacy and exercise their freedom of speech online without fear of surreptitious surveillance or retaliatory exposure

Participatory Sensing or Sensing of Participation: Privacy Issues with Smartphone Apps Usage

The convenience and mobility provided by smartphones have made them a preferred mode of conducting many daily activities and various types of applications for these devices have been developed. Apps on a smartphone can be used as a medium for tracking users’ behaviors and collecting personal data about them. The collected data can potentially violate users’ privacy. Many users may acknowledge this but their actions do not support that claim. The seeming inconsistency between professed privacy concerns and the use of smartphone apps may be more a consequence of ignorance rather than irrationality. In this study, an experiment is developed to understand how awareness about the privacy risks associated with the use of smartphone apps would alter the level of the use of apps. Our empirical results support the assertions that awareness significantly increases privacy concerns and reduces inclination to use apps. Implications of these findings are discussed

PlaceRaider: Virtual Theft in Physical Spaces with Smartphones

As smartphones become more pervasive, they are increasingly targeted by malware. At the same time, each new generation of smartphone features increasingly powerful onboard sensor suites. A new strain of sensor malware has been developing that leverages these sensors to steal information from the physical environment (e.g., researchers have recently demonstrated how malware can listen for spoken credit card numbers through the microphone, or feel keystroke vibrations using the accelerometer). Yet the possibilities of what malware can see through a camera have been understudied. This paper introduces a novel visual malware called PlaceRaider, which allows remote attackers to engage in remote reconnaissance and what we call virtual theft. Through completely opportunistic use of the camera on the phone and other sensors, PlaceRaider constructs rich, three dimensional models of indoor environments. Remote burglars can thus download the physical space, study the environment carefully, and steal virtual objects from the environment (such as financial documents, information on computer monitors, and personally identifiable information). Through two human subject studies we demonstrate the effectiveness of using mobile devices as powerful surveillance and virtual theft platforms, and we suggest several possible defenses against visual malware

Location privacy: The challenges of mobile service devices

Adding to the current debate, this article focuses on the personal data and privacy challenges posed by private industry's use of smart mobile devices that provide location-based services to users and consumers. Directly relevant to personal data protection are valid concerns about the collection, retention, use and accessibility of this kind of personal data, in relation to which a key issue is whether valid consent is ever obtained from users. While it is indisputable that geo-location technologies serve important functions, their potential use for surveillance and invasion of privacy should not be overlooked. Thus, in this study we address the question of how a legal regime can ensure the proper functionality of geo-location technologies while preventing their misuse. In doing so, we examine whether information gathered from geo-location technologies is a form of personal data, how it is related to privacy and whether current legal protection mechanisms are adequate. We argue that geo-location data are indeed a type of personal data. Not only is this kind of data related to an identified or identifiable person, it can reveal also core biographical personal data. What is needed is the strengthening of the existing law that protects personal data (including location data), and a flexible legal response that can incorporate the ever-evolving and unknown advances in technology.postprin

Legal and Ethical Implications of Mobile Live-Streaming Video Apps

The introduction of mobile apps such as Meerkat, Periscope, and Facebook Live has sparked enthusiasm for live-streaming video. This study explores the legal and ethical implications of mobile live-streaming video apps through a review of public-policy considerations and the computing literature as well as analyses of a mix of quantitative and qualitative user data. We identify lines of research inquiry for five policy challenges and two areas of the literature in which the impact of these apps is so far unaddressed. The detailed data gathered from these inquiries will significantly contribute to the design and development of tools, signals or affordances to address the concerns that our study identifies. We hope our work will help shape the fields of ubiquitous computing and collaborative and social computing, jurisprudence, public policy and applied ethics in the future

Secure and privacy-respecting documentation for interactive manufacturing and quality assurance

The automated documentation of work steps is a requirement of many modern manufacturing processes. Especially when it comes to important procedures such as safety critical screw connections or weld seams, the correct and complete execution of certain manufacturing steps needs to be properly supervised, e.g., by capturing video snippets of the worker to be checked in hindsight. Without proper technical and organizational safeguards, such documentation data carries the potential for covert performance monitoring to the disadvantage of employees. Naïve documentation architectures interfere with data protection requirements, and thus cannot expect acceptance of employees. In this paper we outline use cases for automated documentation and describe an exemplary system architecture of a workflow recognition and documentation system. We derive privacy protection goals that we address with a suitable security architecture based on hybrid encryption, secret-sharing among multiple parties and remote attestation of the system to prevent manipulation. We finally contribute an outlook towards problems and possible solutions with regards to information that can leak through accessible metadata and with regard to more modular system architectures, where more sophisticated remote attestation approaches are needed to ensure the integrity of distributed components