Competitive Implications of the Proposed

Question: Brief the policy and tell what are the problems and gives few solutions for Competitive Implications of the Proposed? Answer: It is very difficult to explain privacy. It has been defined by Jorge Luis Borges, Everything and Nothing, a gifted playwright creates breathtaking works of literature, populated with an unforgettable legion of characters, one after the other imbued with a unique, unforgettable personality. Still this definition is not clear and defines itself in different situations. Lillian BeVier writes: Privacy is a chameleon-like word, used denotatively to designate a wide range of wildly disparate interestsfrom confidentiality of personal information to reproductive autonomyand connotatively to generate goodwill on behalf of whatever interest is being asserted in its name. Still there is a clear meaning known to everyone of what privacy means i.e. when our personal information is being used without our prior consent. In the 9/11 Commission Report. It was recommended that the government agencies should not get involved in sharing the information with other of its agencies or with private parties. They should ensure that the privacy of an individual whose information is being shared is duly safeguarded. The following examples would state the problem of intrusion in the privacy of an individual: A paper stories the name of a rape casualty. Journalists dishonestly get access to an individuals residence and covertly photograph and make a tape of the individual. There are certain newly developed X-ray devices that can see through individuals dress, which leads to a virtual strip-search. A rgime practices a thermal sensor instrument to find the heat arrays in an individuals residence. A business house sells a list of five million elderly incontinent women. Even though the company has promised that an individuals personal information shall not be disclosed, it violates it and does contrary. All these violations are of different nature and many a times the law of the country is blamed for not maintaining the privacy of its individuals. As the concept of privacy is too vague the law fails to recognize the problem and help in settlement, decision making or framing of any law becomes even more problematic. There are four types of injurious actions remedied under the heading of privacy: Interruption in the plaintiffs privacy or isolation, or into his personal matters. Open revelation of uncomfortable secluded truths about the plaintiff. Promotion which makes the plaintiff in a position of wrong image in front of the public at large. Seizure, for the benefit of the defendant, of the plaintiffs title or resemblance (Solovo D.2006). Another area where intrusion of privacy has been violated is through the introduction of computers and the Internet. Many hours of our day we spent on the computer surfing and working. The law breakers use various electronic devices and network servers to commit crimes. For example hacking into someones system and retrieving their data, sending threatening e mails or using it for circulating banned information (Bailie M.). In todays 21st century the most used website globally is Facebook. Facebook demands great need for application of privacy policy. Though it has the feature of connecting people it is also constitute threat for getting into someones privacy or duping someone (Semitsu J., 2011). The first solution to privacy is liberty. Liberty guards the individual from unjustified control and interruptions into their home or other reserved spaces. This is not just limited to homes but also covers areas outside their residence where they have the right to claim privacy (Solovo D.2006). Second is the law makers and prosecuting attorneys should be capable enough to understand as to how the electronic proof can be generated from the devices. Electronic accounts such as computer network logs, email, word processing files, and image files all the time more deliver the administration with significant proof in criminal circumstances. The two sources for the law to get electronic evidence in criminal cases are: the Fourth Amendment to the U.S. Constitution, and the three statutes of the statutory privacy laws codified at 18 U.S.C. (Bailie M.) . The third is that the SCA should be altered so as to necessitate any bound release of electronic material, comprising all matters on Facebook to have full warrant defense. For initiating this the government will have to state the likely cause to a neutral magistrate. Before this initiation the ECPA should see that a proper notice is delivered to the user stating the privacy law and that he has gone against the law. An opportunity of being heard shall be given. There are various changes which the government should bring about. First, there is a requirement to revise the Stored Communications Act in order to make everyone certain that any matter uploaded on the internet shall be covered under the Act. Even if the company is at fault then all the data shall be seized and not be used for any further purpose. Second, the SCA must be revised to necessitate the government to get Section 2703(d) order for entire remote computing services. Judicial supervision by the government shall be requi red at all levels. Third, there should also be a provision for a court order on all companies which are not under the government that use electronic communication. The voluntary disclosure doctrine shall compel the companies to reveal data to the government. Without this judicial oversight, the voluntary disclosure doctrine would allow private entities to easily compel such production and hand it over to the government. Fourth, there should be an exclusion clause where violation to above requirements shall be put under criminal law. Fifth, there should be safeguard to protect baseless interruptions of privacy on the Internet. Sixth, the government should order encryption for those government and non-government bodies that communicate subtle or private information through the Internet. For this the government will have to make investment in more up to date encryption technology and other cyber-security methods to confirm the maximum protection of subtle and private matter diffused th rough the Internet. Application of such measures will help to lower down the crime rate and cyber terrorism in the nation (Semitsu J., 2011). References: Solove D., (2006). A taxonomy on privacy, University of Pennsylvania Law . Article No. 3. Vol. 154. Bailie M., Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations Computer Crime and Intellectual Property Section Criminal Division. Published by Office of Legal Education Executive Office for United States Attorneys. United States. Semitsu J. (2011). From Facebook to Mug Shot: How the Dearth of Social Networking Privacy Rights Revolutionized Online Government Surveillance. University of San Diego School of Law. Vol 31.