CVS update: openprivacy/htdocs/notes

From: cvs@openprivacy.org
Date: Sat Feb 24 2001 - 17:54:03 PST

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    Date: Saturday February 24, 19101 @ 17:54
    Author: fen
    CVSWEB Options: -------------------

    Main CVSWeb: http://openprivacy.org/cgi-bin/cvsweb/cvsweb.cgi

    View this module: http://openprivacy.org/cgi-bin/cvsweb/cvsweb.cgi/openprivacy/htdocs/notes

    -----------------------------------

    Update of /usr/local/cvs/public/openprivacy/htdocs/notes
    In directory giga:/home/fen/projects/openprivacy/htdocs/notes

    Modified Files:
            terminology.txt
    Log Message:
    added privacy definitions

    *****************************************************************
    File: openprivacy/htdocs/notes/terminology.txt

    CVSWEB Options: -------------------

    CVSWeb: Annotate this file: http://openprivacy.org/cgi-bin/cvsweb/cvsweb.cgi/openprivacy/htdocs/notes/terminology.txt?annotate=1.2

    CVSWeb: View this file: http://openprivacy.org/cgi-bin/cvsweb/cvsweb.cgi/openprivacy/htdocs/notes/terminology.txt?rev=1.2&content-type=text/x-cvsweb-markup

    CVSWeb: Diff to previous version: http://openprivacy.org/cgi-bin/cvsweb/cvsweb.cgi/openprivacy/htdocs/notes/terminology.txt.diff?r1=1.2&r2=1.1

    -----------------------------------

    Index: openprivacy/htdocs/notes/terminology.txt
    diff -u openprivacy/htdocs/notes/terminology.txt:1.1 openprivacy/htdocs/notes/terminology.txt:1.2
    --- openprivacy/htdocs/notes/terminology.txt:1.1 Tue Jan 30 17:11:28 2001
    +++ openprivacy/htdocs/notes/terminology.txt Sat Feb 24 17:54:02 2001
    @@ -53,3 +53,119 @@
        along to the same object or key) for that power to be passed along.
        This mechanism introduces fault tolerance and is especially useful in
        an ACL entry, providing fault tolerance for "root keys".
    +
    +from: http://www.nfhs.org/Area_II.htm
    +
    +DEFINITIONS
    +
    +privacy - freedom from unauthorized intrusion; state of being let alone and
    +able to keep certain esp. personal matters to oneself. (Meriam Webster's
    +Dictionary of Law, 1996)
    +
    +Privacy -the right to be left alone; that is, to be free from unwarranted
    +publicity and to live without unwarranted interference by the public in
    +matters with which the public is not necessarily concerned. The so-called
    +right, founded upon the claim that a man has the right to pass through this
    +world, if he wills, without having his picture published, his business
    +enterprises discussed, his successful experiments written up for the benefit
    +of others, or his eccentricities commented upon either in handbills,
    +circulars, catalogues, periodicals, or newspapers; and, necessarily, that
    +the things which may not be written and published of him must not be spoken
    +of him by his neighbors, whether the comment be favorable or otherwise. The
    +theory that everyone has a right to privacy and that the same is a personal
    +right growing out of the inviolability of the person. The right to one's
    +person may be said to be a right of complete immunity, to be let alone. That
    +a person is entitled to relief at law or in equity for an invasion of this
    +right, is generally understood to have been first publicly advanced in an
    +article entitled, "The Right to Privacy," in 4 Harvard Law Review 193
    +(December, 1890) - (Ballentine Law Dictionary, 1969)
    +
    +Private - affecting or belonging to private individuals, as distinct from
    +the public generally. (Black's Law Dictionary, 1990)
    +
    +right of privacy
    +
    +1) a general right to privacy: the right of an individual "to be let alone"
    + in the enjoyment of a private life in an increasingly intrusive
    + society. In particular, the right includes freedom from unwanted
    + publication of matters that the public has no right to know concerning an
    + individual's "private life, habits, acts, and relations." Accurate or
    + not, such a publication that subjects one to "mental pain and suffering"
    + is an invasion of the right and actionable in tort.
    +
    +2) the right to be let alone (sense 1) as an umbrella for a variety of torts
    + for invasion of that right. Usage varies by statute and
    + decision. Typically:
    +
    + a. unreasonable intrusion, physical or otherwise, into one's seclusion or
    + private affairs. E.g. housebreaking, wiretapping, opening mail.
    +
    + b. public disclosure of intimate facts of private life that are not of
    + public concern at least when they relate to an ordinary private person,
    + as distinct from a public figure.
    +
    + c. publicity, though not defamatory, that places one in a false
    + light. E.g. a false fictionalized account that plaintiff had been raped.
    +
    + d. a use without consent (appropriation) of one' name or likeness for the
    + user's benefit, e.g. advertising a product. Appropriation may be unwanted
    + publicity, or something much different: depriving an individual (e.g. a
    + celebrity) of an exclusive property, sometimes called the right of
    + publicity.
    +
    +3) a constitutional right of privacy: a controversial version of the right
    + to be let alone (sense 1) stated to be a constitutional right, as
    + distinct from traditional protections of privacy and personal liberty
    + under specific provisions of the US Constitution, e.g. Third, Fourth,
    + Fifth, and Fourteenth Amendments. Usage is not uniform. Typically, the
    + right is described not only in terms of freedom from unwanted intrusions
    + and publicity (sense 1 and 2 ). Increasingly, it is described to include
    + personal autonomy in making critically important decisions over the
    + intimate affairs of life, e.g., begetting, bearing, and rearing of
    + children (contraception, abortion, education): e.g., marital and non
    + marital sexual relationships. With its content in flux, a constitutional
    + right of privacy has attracted a confusing variety of what are intended
    + as endearing epithets, in addition to autonomy; e.g., dignity, identity,
    + individuality, intimacy lifestyle, person hood, selfhood. Some speak of
    + distinctive rights, e.g., lifestyle, and, notably, freedom of intimate
    + association. (Mellinkoff's Dictionary of American Legal Usage, 1992)
    +
    +Privacy, right of - The right to be let alone; the right of a person to be
    +free from unwarranted publicity; and right to live without unwarranted
    +interference by the public in matters with which the public is not
    +necessarily concerned. Term "right of privacy" is generic term encompassing
    +various rights recognized to be inherent in concept of ordered liberty, and
    +such right prevents governmental interference in intimate personal
    +relationships or activities freedoms of individual to make fundamental
    +choices involving himself, his family, and his relationship with
    +others. (Black's Law Dictionary, 1990)
    +
    +Privacy laws - Those federal and state statutes which prohibit an invasion
    +of a person's right to be left alone (e.g. to not be photographed in
    +private), and also restrict access to personal information (e.g. income tax
    +returns, credit reports); and overhearing of private communications
    +(e.g. electronic surveillance). Some provide for equitable relief in the
    +form of injunction to prevent the invasion of privacy while others
    +specifically call for money damages and some provide for both legal and
    +equitable protection. (Black's Law Dictionary,1990)
    +
    +Invasion of Privacy - an unjustified exploitation of one's personality or
    +intrusion into one's personal activity, actionable under tort law and
    +sometimes under constitutional law: the four types of invasion of privacy in
    +tort are: 1) an appropriation, for ones' benefit, of another's name or
    +likeness, 2) and offensive, intentional interference with a persons
    +seclusion or private affairs, 3) the public disclosure, of an objectionable
    +nature, or private information about another, and 4) the use of publicity to
    +place another in a false light in the public eye. (Black's Law Dictionary,
    +1996)
    +
    +Breach of privacy - knowingly and without lawful authority: a)intercepting,
    +without the consent of the sender or receiver, a message by telephone,
    +telegraph, letter or other means of private communications; or b) divulging,
    +without the consent of the sender or receiver the existence or contents of
    +such message if such person knows that the message was illegally
    +intercepted, or if he illegally learned of the message in the course of
    +employment with an agency in transmitting it. (Black's Law Dictionary, 1990)
    +
    +Identity Theft - the misuse of personal identifying information to commit
    +various types of financial fraud. (The Limits of Privacy, 1999)



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