Please reply to the below: Playdevil's advocate byprovidinglogical arguments that oppose those presented in someoneelse's initial post.

Initial post

Privacy Laws

Question #1

The Electronic Communications Privacy Act (ECPA), Cyber Intelligence Sharing and Protection Act (CISPA), and the Children's Online Privacy Protection Act (COPPA) have been instrumental in upholding the privacy of internet users. However, COPPA is more effective in encouraging websites to limit the Internet resources available to young persons through largely unenforceable age restrictions instead of preventing unfair and deceptive practices against minor internet users (Matecki, 2010). CISPA allows companies to voluntarily share information but only if they relate to cybersecurity, which means that it fails to provide a comprehensive framework for guaranteeing the privacy of internet users. ECPA guarantees that electronic communications of users are protected, but its scope is limited since it only applies to email, telephone conversations, and electronically stored data (PennLibraries, 2023). As such, additional privacy laws detailing the scope of privacy protections available to children and institute guidelines for determining ethical and unethical privacy violations to protect internet users are also covered. Privacy-enhancing technologies (PETs) can also be integrated into privacy protections since they minimize personal data use in the internet to guarantee data security (Kaaniche et al., 2020).

Question #2

Most of the cybersecurity laws in my state align with the federal cybersecurity legislations and guidelines. As such, the enhancement of cybersecurity laws should focus on acknowledging and integrating emerging innovations such as homomorphic encryption to secure a technology user's privacy. This approach guarantees that data is kept in an encrypted state during data processing to maintain its integrity or prevent manipulation (Yang et al., 2023). This prevents data breach and ensures that data remains secure during processing and analysis to maintain privacy of users.

Question #3

With respect to privacy, unethical behavior entails omnipresent surveillance of internet users and unauthorized sharing of user data with third parties. Ethical behavior entails obtaining user consent before data collection and sharing as well as minimizing inducements that encourage people to reveal their personal information. As such, people are expected to lose some degree of privacy when using technologies due to their preference for convenience. The complacency of technology users makes them believe that revealing their private information allows commercial (and public) organizations to make their lives easier (by targeting their needs) (Rainey & Anderson, 2014). This implies that the divide between convenience and privacy has motivated people to surrender their privacy rights to service providers.

Classmate post:

Regarding the Electronic Communications Privacy Act (ECPA), 18 U.S. Code Chapter 119- :

1. Privacy is not even mentioned in the definition.
2. Words such as "electronic communication" and "Person" are repetitive.
3. The language used is outdated, as well as the type of communication described:
4. "wire communication" is intended for traditional telephonic communication and "electronic, mechanical, or other device" is limited in its description and not up to date with today technology.
5. The description of interception tools and mechanism are outdated and seems to apply to foreign threat actors with intent to harm the national security. No mention about interception between smart devices or prohibition of misuse of information inadvertently or intentionally collected between modern technology tools.
6. The definition should include "internet-based communication" and "internet-based communication tools" to address all possible methods of communication data breaches.
7. Improper Disclosure of investigative or law enforcement is listed as violation, however no other violation listed per unauthorized disclosure of sensitive information.
8. The law should punish anyone who misuses any type of sensitive information, especially when causing damage to others, CONUS or OCONUS.

Regarding the Cyber Intelligence Sharing and Protection Act (CISPA), 6 U.S. Code Subchapter I:

1. It addresses the Cyber threat, the national cyber policy and strategy for prevention and mitigation.
2. It addresses the federal government role as leader in the National Cyber Strategy.
3. It protects whistleblowers and other citizens that offer to share cyber threats and indicators.
4. It does not prevent or punish the unauthorized sharing of Personal Identifiable Information (PII) or Personal Health Information (PHI).
5. It does not prevent or protect the citizens from Deep Fakes.
6. It does not protect the citizens from cyberattacks through their IoT and IoB.

Regarding the Children's Online Privacy Protection Act (COPPA), 15 U.S. Code Chapter 91 - CHILDREN'S ONLINE PRIVACY PROTECTION:

1. Personal information of children under age 13 is protected under this law, the disclosure of a child PII requires parent approval.
2. The PII to be protected are clearly listed under definitions.
3. The penalty for violators is not clearly stated, but to be combined with other laws.
4. No penalty is listed for child parent or guardian who misuse a child PII for personal gain.

1. This law should also protect teenagers, since they are very vulnerable to cyber threats and target of human traffickers.

The White House discussed the use Artificial Intelligence tools, such as Privacy-Enhancing Technologies, to protect individuals' PII and PHI from cybercriminals, back in 2022. However, the use of this technology is still in experimental phase, and all associated risks and vulnerabilities are still unknown (WH, 2022). In my opinion, because of its capability to mask reality, the use of IA may possibly cause irreparable damage to ones' identity without any sign of compromise in case of hacking and therefore be too risky to use.

The federal government does enforce many privacy laws, to include Act of 1974, the Health Insurance Portability and Accountability Act of 1996, Freedom of Information Act (FOIA) and many others. However, this does not secure the privacy of the citizens, but only serves as a deterrent for identity theftLegislation. (n.d.).

A cybercriminal found guilty of stealing PII, PHI or other sensitive personal information from another individual for personal gain would be punished by the law, when such behavior is prohibited by the written privacy law. However, the law does not cover all possible information collection methods and scenarios that could cause harm to one's privacy, in that case the malicious act could be assessed to be unethical behavior rather than criminal activity and go unpunished.

Although realistic, I doubt anyone expects to lose some degree of privacy when purchasing or using their smart devices. Citizens like me expect technology manufactures, communication, and internet providers to deliver the needed protection to safeguard our electronic devices, network, and private information. As previously discussed, all users have responsibilities themselves to protect such information.