NEGATIVE - DISADVANTAGE PRIVACY HURTS SECURITY LAW ENFORCEMENT AND CRIME DAMAGED 206
THE INTERNET IS A USEFUL TOOL FOR HELPING THE POLICE
K.K. Campbell, The Toronto Star, April 6, 2000, TITLE: OUT OF CONTROL? // acs-EE2001
But, ironically, the Net can also help the police.
''The Internet provides a powerful tool for police sting operations," says Donn Parker, author of several computer and network security books. Parker has been involved in computer crime since the 1960s.
''Criminals fear unpredictability most," Parker says. ''As soon as we use sting operations frequently and unpredictably, we will have a powerful crime- fighting capability."
INCREASED PRIVACY ON THE INTERNET IS INCONSISTENT WITH SOCIETY'S LAW ENFORCEMENT INTERESTS
Lee Tien, Attorney, Berkeley, California, Spring, 1999; Stanford Technology Law Review, " Cheap Surveillance, Essential Facilities, and Privacy Norms," EE2001-hxm P.
While the use of ill-suited analogies n6 is problematic, the difficulties arising from the use of analogies are often further complicated by the fact that the cases relied upon for analogy also involve risk analysis. When a court engages in risk analysis, it determines privacy interests by focusing on the risk of interception of the message. If the communication is vulnerable to inference or interception, either by the government or by another entity, the court may conclude that an objective expectation of privacy is not present. n7 As a result, e-mail, which is a less secure form of communication, n8 will receive less protection from search and seizure than other more secure forms of communication. One of the criticisms of this his type of analysis is that it fails to balance individual privacy rights with society's law enforcement interest. n9
DEFENSE AGAINST CYBER-ATTACK IS A JUSTIFICATION TO CURTAIL PRIVACY
LEONARD KLEINROCK, professor of computer science at UCLA, Los Angeles Times, February 15, 2000, SECTION: Metro; Part B; Page 7; TITLE: COMMENTARY; ACT SOONER, RATHER THAN LATER, ON INTERNET SECURITY// acs-EE2001
Those who focus on civil liberties in cyberspace are fearful that the concern over these recent attacks may provoke actions by government and/or industry that will damage personal liberties. There is a natural tension between the necessity of authenticating and tracking users versus the protection of their individual privacy. We value access, privacy and openness over limits, regulation and control. The irony is that hackers want to maintain the openness of the Internet but, in fact, their recent behavior has created pressures to achieve exactly the opposite.