An Educator's Guide to Privacy

Privacy Legislation

 

Introduction

With the continual invention of new technologies comes the need to continually evaluate the effects of those technologies. Often, new technologies have a powerful effect on privacy. These issues are discussed in the original white paper on this topic, which was completed in 1999 and can be found at http://lrs.ed.uiuc.edu/wp/privacy/index.html. Representative Bob Barr, Georgia Republican, said, "From medical records to surveillance cameras, and from government snooping on the Internet to recent calls for a national ID, we are seeing firsthand, each day, the importance of guarding our right to privacy" (Boyer, 2002). The United States Congress debates and creates laws concerning such privacy issues related to technology every year.

Since the attacks on America of September 11, 2001, the debate over how much the government should know about its citizens and visitors has become urgently relevant and important. The September 11 attacks made it apparent to many that more national security was needed. The federal government has responded with two bills designed to address this need. House Resolution 3162, Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT), was signed into law on October 26, 2001.

This act is designed to deter and punish terrorist acts in the United States and around the world and to enhance law enforcement investigatory tools. Further, this act broadly expands the federal government's authority to conduct electronic surveillance, provides for broad sharing of data throughout the executive branch, and includes a number of provisions for the detention of legal aliens. More recently, House Resolution 4598, the Homeland Security Information Sharing Act, passed the House. This act provides for the sharing of homeland security information by Federal intelligence and law enforcement agencies with State and local entities (Center for Democracy & Technology, 2002). While some demand more personal information be collected in the name of national security, others insist on maintaining a level of personal privacy.

As of July, 2002, House Resolution 4561, the Federal Agency Protection of Privacy Act, was under consideration by the House Judiciary Committee. This act is designed to ensure federal agencies consider the potential impact on citizens' privacy and requires a privacy impact analysis be included when agencies circulate rules or regulations for public comment (Center for Democracy & Technology, 2002). Representative Steve Chabot, Ohio Republican, said of this bill:

"In the wake of the events of September 11, Congress acted promptly to provide law enforcement with the tools they needed to more effectively fight terrorism. Because some of these tools could have an adverse impact on privacy rights, it's essential that federal agencies provide thoughtful consideration from a privacy perspective and focus on the privacy rights of our citizens." (Boyer, 2002)

As America's war on terrorism continues to unfold, so will legislation concerning the privacy of the country's citizens and visitors.

Any of the following web sites can inform you of the current topics being debated by your representatives in government:

Some current topics and bills proposed as of July 2002 (Center for Democracy & Technology, 2002):

Financial

Safety

Medical

Issues Concerning Children

Electronic Gadgetry

Educational Ramifications-What does this mean for education?

This continually changing legislation concerning technology provides a challenge for educators. As we strive to incorporate technology into education, we must keep our students safe and practice responsible technology use. Internet filters are now mandated in schools that receive federal funds. If a domain that is harmful to minors is created, it is important that we know about it and find ways to avoid it. As technology changes, so must educators.

Resources

Boyer, Dave. "Right, Left Join Privacy Campaign." The Washington Times. April 25, 2002. Retrieved from the World Wide Web July 18, 2002 at http://www.washtimes.com/national/20020425-241873.htm

Center for Democracy & Technology. "Privacy Legislation Affecting the Internet: 107th Congress." Retrieved from the World Wide Web July 18, 2002 at http://www.cdt.org/legislation/107th/privacy/


Return to An Educator's Guide to Privacy