[WEB4LIB] Privacy, the USA Patriot Act, electronic fingerprinting to replace library cards etc.

[Chris Gray]

Thank you for turning my rather weak joke to good effect.

There are indeed several ways that the Internet and the Web complicate
matters of identity and privacy.  I believe US law involves the notion of
"reasonable expectation of privacy" and that several decisions have been
made to the effect that where workplace computers are concerned there is
no expectation of privacy.

You might be interested in an article from The Globe and Mail, "more
workplace privacy protection" By Michael Geist Friday, June 28, 2002 Print
Edition, Page E6
<http://www.globeandmail.com/servlet/ArticleNews/printarticle/gam/20020628/EBGEISY>
which indicates that in Canadian law the onus is shifting from proving the
reasonable expectation of privacy to proving the reasonableness of the
surveillance.

Technologically speaking, unencrypted communication over the Internet is
no more private than a conversation in a restaurant.  Anyone who wants to
go to the trouble can overhear what is said.  I doubt that most people who
use the Internet understand this.  This isn't the way it seems on the
surface to someone sitting at home using their own computer.

Still, my expectation, whether in a restaurant, on the phone, or on the
Internet is that I shouldn't have to worry about what I say or do as long
as I'm not committing or planning to commit a crime.  The real danger here
is of creating a climate of paranoia.

Look at it this way.  I believe it was the FBI that was in possession of
information that might have helped prevent the 9/11 attacks, but that
information didn't get to the right people at the right time.  The
solution to this is not to gather more information.  You don't find the
needle in a haystack by building a bigger haystack.  Bulk information on
people's reading habits is of little value.  You have to be following
leads and gathering specific information.  When your doing that a normal
search warrant does the job.

In measures with titles like "The USA Patriot Act", isn't there a certain
amount of playing to the gallery (a la McCarthyism) here, and not well
thought-out police work?

Law enforcement agencies face the same information glut as everyone else,
and the real problems that libraries and librarians might help with is how
to put our fingers on the best information when we need it.

Chris Gray
Systems Analyst
University of Waterloo Library

On Tue, 30 Jul 2002, Richard Poynder wrote:

> Hi Chris,
> 
> Thanks for this. I assume it is a genuine question?
> 
> If so, then I could suggest you look at my web site
> (www.richardpoynder.com), or e-mail the Information Today editor John
> Eichorn (jeichorn at infotoday.com) and check with him. I appreciate that
> that only takes you so far in establishing my credentials, but beyond
> that I cannot go - so you would need to take the rest on trust, or not
> as you decide.
> 
> If you are making the obvious point that my questions raise regarding
> the power of the web to allow for anonymity (and therefore deception)
> then it is well taken. Nevertheless, I would still appreciate any
> comments on the questions I posed, or any experiences people would like
> to share with me.
> 
> Best wishes,
> 
> 
> 
> 
> 
> 
> Richard
> 
> 
> Richard Poynder    
> Freelance Journalist
> Phone: + 44 (0)191-386-0072
> Mobile: 0793-202-4032
> E-mail: richard.poynder at journalist.co.uk
> Web: www.richardpoynder.com
>