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  1. Empirical evaluation of privacy regulation [electronic resource]

    Mayer, Jonathan Robert
    2018.

    For decades, legal and policy analysis of data privacy issues have tended to be informed by factual assumptions rather than rigorous empirics. The motivation for this dissertation is to recast these assumptions into a set of empirical computer science research questions. Decision makers are, in essence, relying on a set of heuristics to analyze data privacy issues. Are the assumptions behind those heuristics accurate, and what are the consequences of applying those heuristics? The first chapter of this dissertation examines third-party web tracking and advertising, an area that has vexed policymakers in both the United States and Europe. The chapter contributes new methodologies for measuring web tracking, including instrumenting an ordinary web browser and simulating user activity (FourthParty) and collecting tracking-related data directly from ordinary users (BrowserSurvey). The results include new perspectives on the web tracking marketplace, identification of numerous non-cookie tracking technologies, and evidence of inconsistent performance and usability from consumer control mechanisms. The chapter also presents a new design for privacy-preserving third-party advertising (Tracking Not Required) that would provide a specific privacy guarantee, would not require modifying browsers, and would be externally auditable. The second chapter analyzes the distinction between metadata and content, a concept that is foundational to surveillance law and policy in the United States and worldwide. The chapter contributes a new crowdsourcing methodology for studying telephone metadata privacy. It then uses a crowdsourced dataset to demonstrate that telephone metadata is densely interconnected, susceptible to re-identification, and enables highly sensitive inferences. The third chapter assesses data territoriality, another surveillance distinction that is shared by the United States and across the globe. Results from simulated browsing activity indicate that data territoriality is a poor fit for modern web architecture; Americans unknowingly send a large volume of domestic online activity outside the United States, and foreign citizens send a large volume of (from their perspective) domestic online activity into the United States. The conclusion considers the relationship between the computer science community and policymaking about data privacy. It suggests how computer scientists can and must play a greater role in government decision making, to ensure that policy and law reflect the best available privacy science.

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