How Work Gets Done on the Internet

The way computers use the Internet to work together is of particular importance when developing an understanding the application of privacy law to the Internet. The key point has already been stated, computers on the Internet work together to process and transfer data. An example will help illustrate how computers on the Internet work together. Imagine a person in Chicago, Illinois, who wants to order a book for a friend’s birthday using the Internet. In this case, the person chooses to buy the book from Amazon.com. So the person will direct her web browser to show her the Amazon.com online bookstore by typing ‘http://www.amazon.com’ into his web browser. Nearly instantaneously, our shopper will see Amazon.com’s online bookstore appear in her web browser window. Simple. However, behind the scenes a lot happened. The shopper’s computer sent a packet of information out onto the Internet consisting of a destination address (amazon.com), a source address (the IP address of the shopper’s computer), and the message (send me the online bookstore web page). Ultimately, Amazon.com’s computer(s) in Seattle, Washington received the message and sent a return message to our shopper containing data so the web browser on her home computer could display the online bookstore. As she worked her way through the online store, each time she clicked her mouse a similar transaction was made between her computer and Amazon.com’s computers.

Someone unfamiliar with how the Internet works would be comfortable analogizing these transactions as each computer sending postal mail, or telegraph messages between each other. After all, each communication has a destination address and a source address, and some information contained in the body of message, like regular mail. However, between the shopper’s home computer and Amazon.com’s computers, are dozens of other computers on the Internet that receive and process the information packets. Communication between computers on the Internet is not point-to-point. There are many intermediary computers that hand off the message to each other in a loosely coupled chain. The message gets between the sender and destination by way of an ad-hoc “bucket-brigade” of computers that pass the message along.

Now, here is where the regular mail analogy breaks down, each computer in the delivery “bucket-brigade” can read the content of the message, as well as the addressing information. In the past very few computer in the chain would trouble themselves with contents of message packets. However, in this age of malicious computer worms and viruses, the intermediary computers are more likely than not to peek at the contents of messages to determine if their payload is safe.

Electronic mail (e-mail) works similarly. The raw data is transferred through the Internet via a bucket-brigade of intermediary computers. However, because E-mail is a specialized service, there are additional special purpose computers dedicated to processing e-mail. These computers can be thought of as local post offices – collecting e-mail messages until the recipient can retrieve the message. Several “e-mail servers” can work together storing and forwarding e-mail until the message gets to its ultimate recipient. Each intermediary e-mail server can choose to scan the contents of the email for viruses and other harmful payloads.

The way the Internet transfers data, including e-mail, has important implications with respect privacy. Because “all” information commonly sent through the Internet is touched, scanned, handled, and read by third-party computers unknown to the average user.

Domains

Computers on the Internet are organized into hierarchical groups, or collections. Such collections are called domains. A detailed description of how Internet domains operate is not important for the purposes of this paper. However, the domains have a human readable name used to identify a computer or service that is on the Internet. E.g., amazon.com, seattleu.edu, are Internet domains used by Internet computers to find computers providing Amazon.com, Inc.’s electronic commerce offerings, and Seattle University’s website, respectively.

In July 1994 there were only a few university and government computers forming the Internet, defining a minimal amount of Internet domains (less than a 100). As of July 2005, there were at least 400,000,000 identifiable Internet domains. Internet Domain Survey, Internet Systems Consortium (http://www.isc.org/index.pl?/ops/ds/ last accessed November 12, 2005).

These four hundred million Internet domains each represent, at least one, and possibly, more than a 1,000,000 computers. For example, comcast.net is a single Internet domain that has millions of individual home users associated with it. Whereas, garagecraft.net has only twenty or so computers connected to the Internet.

Identity on the Internet

Contrary to what many people believe, each computer on the Internet has a unique, traceable address, or identity. Modern computers on the Internet communicate to each other using the Internet Protocol, or IP for short. As such, each computer has an IP Address that is used by the computers to find each other. A computer on the Internet may not have a permanent address but it will have a traceable address. Non-permanent addresses are IP Addresses that have been issued from a central computer.

The Internet

The Internet is our cyberspace. The Internet is a collection of computer networks that are all connected together. Computers connected to the Internet can provide services or utilize services, and usually they do both. Computers on one side of the world can make requests of computers on the other side of the world. The application most people are familiar with is the World Wide Web, and its associated web pages and web sites.

Computers and the Internet: Privacy’s Brave New World

All Constitutions, Federal and State, have been tested by the advance of technology. Many of the technological innovations over the years could not have been imagined by the original authors our Constitutions. Nevertheless, Courts are required to apply their respective Constitutions to circumstances and situations that occur only because of new technologies.

Computers and the Internet are two of the many new technologies that together have changed how much of the world communicates, stores information, finds information, and conducts business. “[T]otal interconnectedness of human beings through computers and telecommunication without regard to physical geography.” William Gibson, Neuromancer, Ace Science Fiction, 1984.

Next, I will describe some attributes of the Internet to help the reader appreciate the challenges to the law this new technology presents.

A Common Understanding of Privacy

Though lawyers and judges, alike, may not appreciate it much, people know what privacy means. Ask a non-lawyer what privacy means and they will likely come up with a definition similar to these:

Privacy:

1 a: the quality or state of being apart from company or observation: SECLUSION b: freedom from unauthorized intrusion (one's right to privacy)
Merriam Webster Online Dictionary

The condition or state of being free from public attention to intrusion into or interference with one's acts or decisions.
Black’s Law Dictionary (8th ed. 2004).

Non-lawyers likely believe that their mail is private; they believe that their e-mail is private; they believe that their bank statements are private; and depending how much they know about the USA Patriot Act, they probably believe that their library records are private. This may seem obvious, but I believe it is critical for lawyers and judges to remind themselves of what privacy means in the “real-world.”

I believe that where the Law’s understanding of privacy differs from the citizenry’s view privacy, the public’s trust and confidence in Law is eroded. This is one reason why lawyers should work to make the Law’s view of privacy consistent with the citizenry’s view.

Introduction to Privacy

Most Americans believe that privacy, to one degree or another, is an inherent right. While there may be disagreements among persons as to the breadth, scope, and source of the right of privacy it is clear that they believe in such a right. The average person, no doubt, has a “gut feeling” of what is private and what is not. They can easily identify whether something should be considered private. Unfortunately, the same cannot be said for judges and lawyers. At least this is the conclusion one can come to after reading how the US Supreme court and others have struggled to define privacy.

Courts have had difficulty dealing with advances in technologies that challenge legal formulations and tests regarding privacy. Lately, the emergence of computers and the Internet as common fixtures of society have continued to push the current state of privacy jurisprudence to its extents. In this paper I will make an attempt to examine: how the current privacy law has developed in response to advancing technologies; where the Federal interpretation has gone astray; and how Washington State’s constitution, can be used to move the law of privacy closer to something that approaches how the persons subject to such laws, actually understand privacy.

The Issue

How can Washington State’s perspective on privacy be used to illuminate the path towards a Federal understanding of privacy that makes sense in the age of computers and the Internet?