E-Nudity: The Era of Baring it all in the Digital World

CS2002 Term Paper

In an increasingly digitised world, information is easily accessible and transmitted. All our moves are being watched and recorded by technology. Privacy is no longer something that we can control but something that is publicly available. This term paper examines the privacy issues faced by individuals through three case studies.

Done by: Andrew Chan Jialiang (U1130679A) Jean Peiying Serene (U1130308A) Matthew Hui Chi Kin (U1130386B) Yee Shu Yan Wendy (U1130443K)

E-Nudity: The Era of Baring it all in the Digital World Introduction As the world we live in becomes increasingly digitized, the means by which personal information can be gathered and distributed have become more and more widespread, in some cases even widely available. It has reached a point where having our personal information tracked without our consent feels like an outrage of our modesty. Local companies such as Niometrics for example, offer their services in tracking internet use of employees in the office, without the need for companies to get their employees consent (Chua, 2011). This has raised concerns about whether or not such actions constitute an invasion of ones privacy, itself a concept which is open to interpretation, Miller (2011) pointing out that understanding of privacy changes with the context we live in. Ronald Standler defines privacy in his 1997 article Privacy Law in the USA as the expectation that confidential personal information disclosed in a private place will not be disclosed to third parties, when that disclosure would cause either embarrassment or emotional distress to a person of reasonable sensitivities. Invasion of privacy would thus entail the obtaining of said confidential data, with or without the intent to cause harm to the victim. It should be noted that the potential harm that can be caused with such information has been magnified by the emergence of the Internet, personal information can now be circulated instantly and to many. The consequences of such can be tragic, as in the case of US student Tyler Clementi, who committed suicide after a video of him and another man was streamed online (Leong, 2010). Invasion of privacy is an especially key issue here in Singapore as there are currently no privacy laws in place to guard against perceived misdeeds in that regard (Tham, 2011). A Personal Data Protection Bill is set to be read in Parliament in the third quarter of 2012 (Fang, 2012), but until then Singaporeans do not enjoy the level of protection available to those living in countries such as Australia, which passed its Privacy Act in 1988, and Canada, which passed its legislation in 1983 (Looi, 2001). What is legal does not necessarily make it ethical, however, which is the aspect of surveillance that this paper will delve into. And rather than look at surveillance done by the state, which has been around for longer and in some countries has even become accepted by the people, this paper will examine the relatively more recent phenomena of surveillance done by individuals and smaller institutions such as businesses.

E-Nudity: The Era of Baring it all in the Digital World Turning Concerns into Chains With the advancement in technology, apps that allow parents to track their childs movement can be easily placed into their smartphones without the childs permission. Is this even a good creation? According to a news article published on the Washingtons Times, that addresses how the tracking children technology may cause parenthood to be substituted by an electronic device, the author mentioned in his closing statement that Maybe there is such a thing as too much technology (Fred, 2006, p. C08). However, it may be argued that the tracking device ensures the safety of children especially in cases where the child goes missing. As seen in an article featured on Good Housekeeping, a magazine turned online website from USA, titled Do you know where your kids are? the usefulness of a GPS tracking device is depicted through an incident of a lost child. (Konrad, 2007). The article also showed how devices that monitors a childs computer activity, can help to guide them out of harms way. This means that parents will be able to monitor their childs interaction with the online media and understand the problems that they may be facing. In the article, the examples showed how parents, through monitoring their child, can help to deter their child from the dangers of Internet. As such, these devices allow parents to be able to monitor their child as and when they want, without having to stay by their childs side and literally watching them. Now, the technology will act as their eyes, helping parents to watch their child. However, such technology acts as a double-edged sword. Inappropriate use of the monitoring devices may affect parent-child trust and relationship. Thus, parents must be cautious with the extent to which they survey their child. Too much surveillance may cause a backfire, resulting in the concern from parents to evolve into a cage for the child. Thus resulting in the child losing the trust they had of their parents. In Konrads article, steps for high-tech parenting are suggested for the readers to adopt. These parenting skills emphasize on the mutual trust and communication between parent and child. In the case where invasion of privacy is a huge issue as the child grows up, communicating and trusting each other is indeed very important. As trust and communication may be diminished with the use of monitoring devices, it is important for parents to understand that there must be a limit to surveillance. In addition, making it known to the child that their parents are

E-Nudity: The Era of Baring it all in the Digital World watching them is crucial for the child to understand the pains of being a worried parent. All in all, technology should not be used to replace or diminish mutual relationships but should be used as a catalyst that enhances parent-child relationship. Employers & Employees: Where to draw the line? The advent of digital technology leads to the birth of workplace surveillance devices that empowered employers to monitor every single action of their employees. Telephone monitoring, visual surveillance and communications intercepts are some of the more common ways employers keep their eyes on their workers (Dixon, 1999). With such technologies in place, the rise of social media sites like Twitter and Facebook further blurred the line between employees and their employers. The expanding presence of such social media sites and digital technologies, albeit useful, adds complex issues of personal and workplace privacy to the individual and the company. The pervasiveness of this issue is contentious as infringement of employees privacy takes on many forms. There are issues of freedom to personal autonomy, the right to control personal information and the freedom from unwanted intrusion and surveillance (Miller, 2011). Hence it is important to explore the reasons why employers insist on having systems in place to monitor their employees. What is also pertinent is to study how we can strike a balance between how much employers can go to monitor their employees and at the same time, maintaining basic forms of respect for the individuals (Dixon, 1999). Loss of Productivity According to a survey done by a human resource management company, employees spend 2 to 3 hours of their working hours in sending personal emails, visiting social media and sports sites, trading stocks, sending dirty jokes to their colleagues (NaukriHub, 2000). The survey also showed that on average, 30% to 40% of employees Internet usage is not work related, hence resulting in the loss of productivity. Company security In this era of information society, where resources and data are largely digitized and stored in databases, it is of paramount importance that appropriate measures are in force to ensure that infringement of information is prevented. In addition, it is also important to ensure that information like trade secrets are safe-kept

E-Nudity: The Era of Baring it all in the Digital World from the hands of our rivals. This results in the need for employers to keep a close watch on outgoing mails of employee as well as installing surveillance programs in desktops. These actions not only help to identify system anomalies, such as the presence of malware, it can also prevent cases such as theft, misappropriation of trade secrets, embezzlement or the release of information that may damage a companys reputation. Monitoring of calls and mails is also practiced to ensure a healthy working environment as it can prevent employees from cyber bullying, post offensive writings, spreading false information about one another and sexually harassing colleagues (Echols, 2003) According to a survey done by the American Management Association, 45% of large and mid-sized companies in the year 1999, record and review their employees communications and activities on the job, including phone calls, e-mail and computer files. With fast paced advancement of technology, employers are taking advantage and controlling the lives of their employees through several methods (Morgan, 1999). This paper aims to explore some of the methods employers used that infringed the different levels of privacy of their employees. Call monitoring refers to listening to live phone calls and recording ones observations (Richly, 1996). An observer who is tapping on your communication lines can be sitting next to you, a secret caller or could be wearing a headset in a separate room. Some employers have justified their actions by claiming the need to assess employees on their strengths and weakness in call handling. However, such actions can have a negative impact on employees. These include an increase in stress levels and job dissatisfaction when they feel that they have no control over their jobs and there is a lack of trust in the work environment (Mishra & Crampton, 1998). Employers may use video surveillance cameras to monitor the workplace in areas where employees have no reasonable expectation of privacy. However, cameras may be placed secretly and its purpose is for employers to detect any misconduct such as theft, monitoring work performances, work efficiencies and to assure conformance with safety (Casimiro, 1998). The Global Positioning System (GPS) has transformed the workplace environment by creating major privacy issues as employers can now be informed of the daily activities of their employees in and out of workplace. The initial conception of GPS units was to guide drivers on roads. However, with systems like OnStar and LoJack, employers can now track the location of vehicles, hence identifying the

E-Nudity: The Era of Baring it all in the Digital World locations of employees. With advancements in GPS technology, employers can now view the travelling route of their employees cars on a digital map (Meyers & Patience, 2000). This section of the paper aims to discover some of the reasons why there is a need for workplace surveillance from the perspectives of employers. It also went on to discuss some of the common methods of surveillance. Although workplace surveillance exist to protect the interests of most employers, it is achieved at the expense of employees comfort hence it is worthy to discuss some of the possible alternatives to ease this problem. One of the possible ways is through education. Employers can be advised and educated on the privacy issues surrounding workplace surveillance hence, drawing a distinct line between invading employees privacy and ensuring companys interest. Employees need to be informed on the pros and cons of using e-mails to communicate. More often than not, employees lack the knowledge of encryption technology. With encryption, employees can now communicate securely. It is evident that this issue of privacy infringement runs parallel with the theory behind the digital divide. Much have been discussed about the available methods and systems in place that allows employers to watch over their employees but little is known about the possible ways employees can in fact, keep an eye on their employers. Apparently, employees, who happened to fall on the wrong side of the divide, are disadvantaged in some sense. The fault does not, however, lie in the lack of technology, but the distribution of rights between employers and employees. In this case, employees are deemed as a second-class being, hence, can have their privacy invaded, regardless of the reasons proposed. In conclusion, striking a balance between employers business interests and employees privacy is a major consideration for both the employer and employee. Both parties need to know where to draw the line and not be overboard. Honest and open communication between employers and their employees should be valued and may help to solve any unnecessary problems. From love to distrust With the Internet fast becoming an integral part of our daily lives, it is clear that a large proportion of the time that we have on our hands is devoted to the use of it, both in the workplace and for individual entertainment. Needless to say, with much of our time being dedicated to the online world, in general, the time spent in

E-Nudity: The Era of Baring it all in the Digital World maintaining relationships in real life is compromised. Hence, the issue of insecurity in a married couples relationship could be heightened as a result of a partners devotion to his or her time on the Internet. According to a study conducted by Amato and Previti (2003), the most common reason for divorce is infidelity. This study interviewed 208 individuals in the United States who participated in the 17-year longitudinal study of Marital Instability Over the Life Course conducted by Amato and Johnson (as cited in Amato & Previti, 2003), all of whom were married from 1980 onwards, but later filed for a divorce within the next 17 years. Out of these 208 individuals, 18.4% of them attributed infidelity to be the cause for their divorce. Hence, it is evident that most couples are intolerable of unfaithfulness by their partner and are wary of actions from their spouses that could possibly point to infidelity. As such, with much activity done online with the advent of information technology, it is clear that the Internet is the next most effective avenue to track the actions of ones spouse. One of the methods in which married couples turn to in order to spy on their spouse is by using keystroke loggers. This software is capable of recording the keystrokes that the user makes on the computer by either saving it to a secret location on that computers hard drive or by emailing it directly to the installer. This technology is commonly known as spyware. Some of these keystroke loggers are even capable of taking screenshots of the users Internet activities. Though this technology has been around for some time, it is becoming mainstream among parents who want to keep an eye on their children and nowadays, adopted by spouses who wish to monitor a partners Internet activity. According to Symantec, an anti-virus software company, most often spyware is installed unknowingly with some other software that you intentionally install. For instance, when installing a "free" music or file sharing service or download a screensaver, spyware may also be installed. Some Web pages will attempt to install spyware when you visit their page. A person who wants to monitor another persons online activities may also manually install spyware. However, this is dependent on the type of spyware that the individual possesses. If he or she has physical access to it, the spyware can be attached to an email and sent to the other party, such that when the email is open, the spyware will be automatically installed onto the computer, without the recipients knowledge. Depending on how this is done, it might be acceptable surveillance of an individual or

E-Nudity: The Era of Baring it all in the Digital World an unwelcome, even illegal, invasion of privacy. However, as we can see in this particular case study of spying ones spouse, using a spyware such as a keystroke logger, would be considered illegal, as it involuntary and done without the awareness of the person. With reference to the study done by Helsper and Whitty (2010), they investigated about netiquette between married couples, which is the (unspoken and spoken) rules about acceptable and unacceptable online activities (p. 919), and specifically looked into the issue of surveillance between couples. Both partners were asked to answer questions regarding monitoring activities such as Reading their emails, Reading their SMS, Checking their browser history, Reading their IM logs, Using monitoring software, and By pretending to be another person (p.919). A total of 992 couples participated in the questionnaire. The findings showed that 10% of couples both undertake surveillance activities such as reading their spouses emails, reading the others SMS and checking the browser history of their spouse. It is clear that with the onset of technology and the rapid rate of adoption of the Internet, many people now lead both online and offline lives. Hence, surveillance of online activities of ones spouse is an increasingly common phenomenon. However, the use of the Internet as another outlet of monitoring the actions of ones spouse can be viewed as a misuse of the Internet and its functions. Besides this, there is also the issue of violating the trust between married couples. Other than looking at tracking ones spouse as a way of knowing whether the other party is being unfaithful, the intentional tracking of a spouses movements and Internet activities is a blatant infringement of ones privacy and is an clear sign of distrust between the couple. This act, if discovered by the individual in question, would be detrimental to the relationship, regardless of whether he or she is being infidel. Although the Internet proves to be a useful tool in maintaining relationships through the use of social networking sites as well as the ability to communicate faceto-face via webcam or by sending emails, it can also be a dangerous outlet for couples to spy on each other, thereby possibly destroying their marriage and the mutual trust that they have for each other. Once again, this reiterates the point of how technology should be used carefully, in which the individual has to exercise self-responsibility as well as respect towards the other party.

E-Nudity: The Era of Baring it all in the Digital World Conclusion Undeniably, the existence of digital surveillance has brought about many advantages such as ensuring safety of our children and maintaining a healthy working environment that is productive and safe. However, such perks come at a cost. Digital surveillance has questioned the mutual trust and respect between married couples, parent-child and employer-employee. As we cannot stop the advancement of technology, it is important not to dwell in these disadvantages and understand that digital surveillance is here to stay in an increasingly networked society. Hence, individuals and organizations must move along with technology and exercise selfresponsibility when using such technologies.

E-Nudity: The Era of Baring it all in the Digital World References Amato, P. R. & Previti, D. (2003). Peoples Reasons for Divorcing: Gender, Social Class, the Life Course, and Adjustment. Journal of Family Issues, 24(5), 602-626. Casimiro, S. (1998). The spying game moves into the workplace. Communication Ethics, 3(2), 79-91. Chua, H. H. (2011, March 24). Just an ordinary day at work. The Straits Times, p. B1. Dixon, R. (1999). With nowhere to hide: Workers are scrambling for privacy in the digital age. Technology Law, 4(1), 195-203. Echols, M. (2003). Striking a balance between employer business interests and employee privacy : Using respondent superior to justify the monitoring of web-based, personal electronic mail accounts of employees in the workplace. Technology Law, 6(1), 274-300. Fang, J. (2012, March 20). Data-protection law to cover all text messages. The Straits Times, p. A2. Fred R. How far do we go to watch children?. Washington Times, The (DC) n.d.:Available from: Regional Business News, Ipswich, MA. Accessed March 28, 2012. Helsper, E. J. & Whitty M. T. (2010). Netiquette within married couples: Agreement about acceptable online behavior and surveillance between partners. Computers in Human Behavior, 26(5), 915-926 Konrad, W. (2007). Its 2007 Do You Know Where Your Kids Are?. Good Housekeeping, 244(3), 148-214. Leong, S., & Tham, Y. C. (2010, October 2). What if online pranks go out of line here?. The Straits Times, p. B2. Lohr, D. (2010, April 25) Should You Use Technology to Catch a Cheating Spouse? AOL News. Retrieved from http://www.aolnews.com/2010/04/25/should-youuse-technology-to-catch-a-cheating-spouse/ on 29 March, 2012 Looi, T. K. (2001, February). Should there be Privacy Laws in Singapore?. Law Gazette. Retrieved from http://www.lawgazette.com.sg/2001-2/Feb01focus3.htm/ Miller, V. (2011). Understanding digital culture. Communications Research.

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E-Nudity: The Era of Baring it all in the Digital World Naukrihub, (2000). Employee surveillance at workplace, October 2000. Retrieved March 30, 2012 from http://www.naukrihub.com/hr-today/employeesurveillance.html Standler, R. (1998, May 24). Privacy law in the USA. Retrieved from http://www.rbs2.com/privacy.htm/ Symantec Corporation, Crimeware: Trojans & Spyware. Retrieved from http://us.norton.com/cybercrimeindex/trojansspyware.jsp on 29 March, 2012 Tham, I. (2011, October 30). Data privacy law must bite but not maim. The Straits Times, p. 42.

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