TPRC 2024: The 52nd Research Conference on Communications, Information and Inter

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Abstract:
This study investigates the responses of American Muslim individuals to algorithmic profiling and surveillance practices facilitated by prayer apps, specifically Muslim Pro. Using a mixed-methods approach involving surveys and thematic analysis of qualitative data, the research explores participants' expressions of discomfort, behavioral adaptations, and experiences with algorithmic surveillance. Findings reveal significant unease among participants regarding potential surveillance by US security agencies targeting religious activities through digital platforms. Participants reported modifying their digital religious practices, including altering app usage patterns and adopting privacy-enhancing measures. Thematic analysis uncovers prevalent themes of distrust, anxiety, and concerns about potential abuses related to data collection and predictive analytics. Participants express apprehensions about privacy infringements and the chilling effect on their freedom of religious expression. The study underscores the need for ethical considerations and regulatory safeguards to protect privacy rights and uphold constitutional protections in digital contexts. These findings contribute valuable insights into the impacts of algorithmic surveillance on religious communities and advocate for policies balancing security imperatives with individual rights.

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Abstract:

The landmark 2018 US Supreme Court case Carpenter v. United States determined that a certain type of data—historical cell site location information—is protected by the Fourth Amendment and thus cannot be accessed by the government without a search warrant. At the same time, the Court asserted that this ruling was a narrow one that did not undermine the third party doctrine, which holds that a person has no reasonable expectation of privacy for information voluntarily shared with third-party actors, such as telecommunications companies.

This paper explores how the narrow yet significant Carpenter ruling can be applied to an alternative category of data: metadata, and specifically browser fingerprints. In other words, given the risks of potentially individual-level tracking using browser metadata, should browser fingerprints be protected under the Fourth Amendment, similar to cell site location information? If the government were able to access individual users’ browser fingerprints and retrieve their browsing history and other web activity, should that be considered a protected search that requires a warrant justified by probable cause?

I explore this question by tracing the evolution in case law of the Fourth Amendment from its property-based conceptualization to its more recent applications in the form of a test to determine when and where individuals can claim a reasonable expectation of privacy. In particular, I focus on how Carpenter has potentially created a new framework by which the third party doctrine can be limited in the case of exceptional categories of information—including, so far, only cell site location information but, as I argue, potentially digital metadata as well. I explore this specifically using the case of browser fingerprints, which are a category of data collected about a user’s device, such as the operating system, browser, time zone, extensions, and other properties and settings, which could be used together to uniquely identify an individual. I conclude by reflecting on the need for the Supreme Court to respond both to technological developments and to average expectations and behaviors of individuals on the internet by building on Carpenter to expand privacy rights online through Fourth Amendment protections.

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Abstract:
As the main drivers of the digital divide evolve, digital inclusion efforts that seek to increase digital skills, build consumer trust in digital technologies, and promote information about affordability plans and other broadband availability programs have fast become key to getting everyone online. Accordingly, a major subset of digital inclusion activities now involves efforts to teach and promote “digital skills” to help consumers make the most of their broadband connection. But despite being a cornerstone of digital inclusion, digital skills in the United States are neither comprehensively nor consistently measured. Those attempting to measure the problem of low digital skills are relegated to choosing from multiple piecemeal studies with competing interpretations of what it even is to be truly digitally literate.

This is taking on new relevance as states and territories embark on a digital upskilling through programs under the Infrastructure Investment and Jobs Act. With participants tasked with setting and meeting “measurable objectives” for their digital inclusion efforts, including upskilling, lack of a consistent framework means that we could emerge on the other side of these programs with a series of incompatible assessments and disparate digital skills benchmarks, leaving us no closer to a national understanding of where we stand or attainment of shared goals. To be broadly successful, efforts to digitally upskill the United States need to be grounded in a data-driven understanding of what current digital literacy rates are and—importantly—broad agreement on what accomplishing widespread digital literacy will actually look like. 

This report argues for the creation of a national digital skills framework and explains the immediate policy context. It explores some key literature and studies measuring different aspects of digital literacy, including the Organization for Economic Cooperation and Development’s Survey of Adult Skills (which measures competence in a digital environment) and the Pew Research Center’s survey assessing familiarity with various digital topics. It also examines some existing digital skills frameworks, such as Northstar Digital Literacy, the International Society for Technology in Education’s standards for technology usage in classrooms, and the EU’s DigComp. After examining the landscape of available resources, this report outlines, in broad strokes, some potential paths forward to a national digital skills framework.