The ACLU of California has released a new report, “Hello! Students have a right to privacy in their cell phones” (pdf), concerning the privacy rights of students in California schools. From the introduction:

Indiscriminate searches of students’ cell phones threaten students’ privacy rights in ways that have never before been possible. Sweeping searches threaten to expose a tremendous amount of private, personal information, especially given modern smart phones and their e-mail, Internet, calendaring, messaging, photo and video capabilities. Perhaps worst of all, sweeping searches threaten to teach our youth that such invasions of privacy are unavoidable, or worse, routine parts of civic life.

The U.S. Supreme Court laid down the standards for searches of students and their belongings in New Jersey v. T.L.O. The Court, which sought to balance the privacy rights of students against the need for safety and order in schools, established a two-part test for any such searches. Essentially, a search must be justified from the outset and limited in its scope to finding evidence related to the alleged violation of school rules or illegal conduct that justified the search in the first place. Having received several complaints of unjustified cell phone searches, and knowing of various lawsuits across the country challenging such searches, we decided to investigate the standards for searches of student cell phones on public school campuses in California. This report examines both cell phone possession and search and seizure policies in California school districts. [...]

Part I of this report provides background information on student cell phone use and examines the privacy concerns that arise from searches of student cell phones. Part II surveys current school district policies regarding the possession and use of cell phones by students, assesses the current legal limits on searches of student cell phones, and examines the policies of surveyed districts5 in light of the legal limits. Part III recommends the components of model cell phone possession and search and seizure policies. The Appendix to this report includes a quiz to test your knowledge of search and seizure principles as applied to students’ cell phones.

The Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501-6508, was passed in 1998. The issue of children’s privacy is being debated again. The Federal Trade Commission, which held a roundtable on children’s online privacy protections last year in Washington, D.C., is now seeking public comments on proposed amendments to the Children’s Online Privacy Protection (COPPA) Rule, which implements the 1998 act.

At First Monday, researchers Danah Boyd, Eszter Hargittai, Jason Schultz, and John Palfrey have published an article concerning kids and privacy: “Why parents help their children lie to Facebook about age: Unintended consequences of the ‘Children’s Online Privacy Protection Act.‘” Here’s the abstract:

Facebook, like many communication services and social media sites, uses its Terms of Service (ToS) to forbid children under the age of 13 from creating an account. Such prohibitions are not uncommon in response to the Children’s Online Privacy Protection Act (COPPA), which seeks to empower parents by requiring commercial Web site operators to obtain parental consent before collecting data from children under 13. Given economic costs, social concerns, and technical issues, most general–purpose sites opt to restrict underage access through their ToS. Yet in spite of such restrictions, research suggests that millions of underage users circumvent this rule and sign up for accounts on Facebook. Read more »

NextGov reports on privacy questions concerning facial recognition systems as the biometric technology become more popular:

As social media firms and law enforcement agencies increasingly use facial recognition technology to facilitate public and online service, privacy issues surrounding the commercial apps, at least, are raising eyebrows in Congress.

On Wednesday, Sen. John D. (Jay) Rockefeller IV, D-W.Va., chairman of the Commerce, Science and Transportation Committee, requested a report from the Federal Trade Commission on the security implications of facial recognition technology. He anticipates the recommendations will help the committee update legislation regulating online privacy. Read more »

The Washington Post reports on discussion in the U.S. House concerning children’s online privacy protections:

House lawmakers on Wednesday debated proposed updates to the Children’s Online Private Protection rules, the government’s first effort to tweak 12-year-old laws to better apply to the proliferation of new mobile devices and Internet applications being used by children.

The House Commerce, Manufacturing and Trade Subcommittee debated recommendations by the Federal Trade Commission that Web firms be required to seek greater permissions from parents to collect information about children under the age of 13. [...]

The FTC has recommended rules that companies must first get parents’ permission to collect information on a child’s whereabouts, or geo-location — a practice widely used by Web giants Google, Facebook and other firms on mobile devices. Read more »

The Federal Trade Commission, which held a roundtable on children’s online privacy protections last year in Washington, D.C., is now seeking public comments on proposed amendments to the Children’s Online Privacy Protection (COPPA) Rule, ” which gives parents control over what personal information websites may collect from children under 13.” Written comments must be received on or before November 28, 2011.

The FTC proposes these amendments to ensure that the Rule continues to protect children’s privacy, as mandated by Congress, as online technologies evolve. The Commission proposes modifications to the Rule in five areas: definitions, including the definitions of “personal information” and “collection,” parental notice, parental consent mechanisms, confidentiality and security of children’s personal information, and the role of self-regulatory “safe harbor” programs. [...] Read more »

Here are stories published during my break concerning identification, children’s privacy, location tracking, webcams and cloud computing.

Associated Press: Ohio Woman Settles Suit Over Laptop Sex Images

An Ohio woman on Tuesday settled a lawsuit that alleged her privacy was violated when a company grabbed sexually explicit images of her and her boyfriend from a computer she didn’t know was stolen.

Absolute Software Inc. of Bellevue, Wash., improperly lifted the webcam images along with instant messages and gave them to police as part of the company’s attempt to retrieve the laptop, Susan Clements-Jeffrey, a teacher in Springfield, said in her 2009 lawsuit that was scheduled for trial Sept. 12.

A federal judge ruled late last month that because Clements-Jeffrey did not realize the laptop she bought for $60 was stolen, she could argue that she had an expectation of privacy.

Clements-Jeffrey had also sued Springfield police, alleging they illegally disclosed the images and arrested her without a proper warrant. [...] Read more »