共查询到20条相似文献，搜索用时 313 毫秒
1.
Locke,Intellectual Property Rights,and the Information Commons 总被引：1，自引：0，他引：1
This paper examines the question whether, and to what extent, John Locke’s classic theory of property can be applied to the
current debate involving intellectual property rights (IPRs) and the information commons. Organized into four main sections,
Section 1 includes a brief exposition of Locke’s arguments for the just appropriation of physical objects and tangible property.
In Section 2, I consider some challenges involved in extending Locke’s labor theory of property to the debate about IPRs and
digital information. In Section 3, it is argued that even if the labor analogy breaks down, we should not necessarily infer
that Locke’s theory has no relevance for the contemporary debate involving IPRs and the information commons. Alternatively,
I argue that much of what Locke has to say about the kinds of considerations that ought to be accorded to the physical commons
when appropriating objects from it – especially his proviso requiring that “enough and as good” be left for others – can also be applied to appropriations involving the information
commons. Based on my reading of Locke’s proviso, I further argue that Locke would presume in favor of the information commons
when competing interests (involving the rights of individual appropriators and the preservation of the commons) are at stake.
In this sense, I believe that Locke offers us an adjudicative principle for evaluating the claims advanced by rival interests
in the contemporary debate about IPRs and the information commons. In Section 4, I apply Locke’s proviso in my analysis of
two recent copyright laws: the Copyright Term Extension Act (CTEA), and the Digital Millennium Copyright Act (DMCA). I then
argue that both laws violate the spirit of Locke’s proviso because they unfairly restrict the access that ordinary individuals
have previously had to resources that comprise the information commons. Noting that Locke would not altogether reject copyright
protection for IPRs, I conclude that Locke’s classic property theory provides a useful mechanism for adjudicating between
claims about how best to ensure that individuals will be able to continue to access information in digitized form, while at
the same time also allowing for that information to enjoy some form of legal protection. 相似文献
2.
Norman Mooradian 《Ethics and Information Technology》2009,11(3):163-174
James Rachels’ seminal paper “Why Privacy Is Important” (1975) remains one of the most influential statements on the topic. It offers a general theory that explains why privacy
is important in relation to mundane personal information and situations. According to the theory, privacy is important because
it allows us to selectively disclose personal information and to engage in behaviors appropriate to and necessary for creating
and maintaining diverse personal relationships. Without this control, it is implied, the diversity of relationships would
diminish; relationships would “flatten out”, we might say. The aspect of the paper that addresses information flows (what
I refer to as his information privacy theory) has been of particular interest to computer information privacy theorists. Despite
its continued importance to computer privacy theorists, however, the information privacy theory appears to be contradicted
by recent developments in computing. In particular, since the publication of Rachels’ paper we have seen an extensive amount
of personal information collected. Further, recent developments in computing falling under the heading of social computing
have brought about a new wave of personal information creation and collection. This paper will reassess and resituate Rachels’
information privacy theory in light of these developments. I will argue that the increasing collection of personal data will
not flatten relationships as the information privacy theory predicts because such data lack contextual factors important to
Rachels’ general theory. The paper will conclude by pointing to some areas where Rachels’ general theory and where his information
privacy theory will continue to be relevant. 相似文献
3.
Michael Nagenborg 《Ethics and Information Technology》2009,11(3):175-179
J. van den Hoven suggested to analyse privacy from the perspective of informational justice, whereby he referred to the concept
of distributive justice presented by M. Walzer in “Spheres of Justice”. In “privacy as contextual integrity” Helen Nissenbaum did also point to Walzer’s approach of complex equality as well to
van den Hoven’s concept. In this article I will analyse the challenges of applying Walzer’s concept to issues of informational
privacy. I will also discuss the possibilities of framing privacy from the point of the “art of separation” by looking at
the intersection of information infrastructures and institutions. 相似文献
4.
This paper provides an in-depth analysis of the privacy rights dilemma surrounding radio frequency identification (RFID) technology.
As one example of ubiquitous information system, RFID has multitudinous applications in various industries and businesses
across society. The use of this technology will have to lead to a policy setting dilemma in that a balance between individuals’
privacy concerns and the benefits that they derive from it must be drawn. After describing the basic RFID technology some
of its most prevalent uses, a definition of privacy is derived in the context of information systems. To illustrate current
attempts at controlling the undesirable side effects of RFID, Lessig’s cyberspace framework is presented. It is found that
each of Lessig’s components is inadequate at preventing individual privacy violations in RFID. The main focus within this
framework is on the norms of society. The social norm mechanism that addresses privacy issues in cyberspace is the Fair Information
Practices Principles (FIPP). After an analysis of these principles, it is posited that the FIPP only deal with procedural
justice issues related to data collection and omit distributive and interactional justice reasoning related to the actual
beneficial and detrimental outcomes to the individuals whose data is being obtained. Thus, RFID is presented in the context
of the tension between the many benefits that are provided by the technology in social exchanges, and the risk it carries
of the loss of privacy. The new, expanded framework recognizes both sides of the issue with the ultimate goal of providing
a greater understanding of how privacy issues can be addressed with RFID technology. 相似文献
5.
Gordon Hull Heather Richter Lipford Celine Latulipe 《Ethics and Information Technology》2011,13(4):289-302
Social networking sites like Facebook are rapidly gaining in popularity. At the same time, they seem to present significant
privacy issues for their users. We analyze two of Facebooks’s more recent features, Applications and News Feed, from the perspective
enabled by Helen Nissenbaum’s treatment of privacy as “contextual integrity.” Offline, privacy is mediated by highly granular
social contexts. Online contexts, including social networking sites, lack much of this granularity. These contextual gaps
are at the root of many of the sites’ privacy issues. Applications, which nearly invisibly shares not just a users’, but a
user’s friends’ information with third parties, clearly violates standard norms of information flow. News Feed is a more complex
case, because it involves not just questions of privacy, but also of program interface and of the meaning of “friendship”
online. In both cases, many of the privacy issues on Facebook are primarily design issues, which could be ameliorated by an
interface that made the flows of information more transparent to users. 相似文献
6.
The proliferation of information and communication technologies (ICTs) into all aspects of life poses unique ethical challenges
as our modern societies become increasingly dependent on the flawless operation of these technologies. As we increasingly
entrust our privacy, our well-being and our lives to an ever greater number of computers we need to look more closely at the
risks and ethical implications of these developments. By emphasising the vulnerability of software and the practice of professional
software developers, we want to make clear the ethical aspects of producing potentially flawed software. This paper outlines
some of the vulnerabilities associated with software systems and identifies a number of social and organisational factors
affecting software developers and contributing to these vulnerabilities. Scott A. Snook’s theory of practical drift is used as the basis for our analysis. We show that this theory, originally developed to explain the failure of a military
organisation, can be used to understand how professional software developers “drift away” from procedures and processes designed
to ensure quality and prevent software vulnerability. Based on interviews with software developers in two Norwegian companies
we identify two areas where social factors compel software developers to drift away from a global set of rules constituting
software development processes and methods. Issues of pleasure and control and difference in mental models contribute to an uncoupling from established practices designed to guarantee the reliability of software and thus diminish
its vulnerability. 相似文献
7.
Caller ID service continues to be a controversial issue in the U.S. because of its privacy implications. State and federal regulators, legislators, scholars, and the courts have examined and responded to the privacy issue from a policy perspective, but perhaps without a complete understanding of the meaning of privacy in the context of the debate. What types of privacy are involved, how significant are these interests, and how might privacy needs compare and be balanced? This article explores privacy in the context of the Caller ID debate from a social science perspective. It examines motives for seeking and preserving privacy and explores the dynamic relationship between the caller and called party positions. It then provides an analysis of current and proposed Caller ID features and policies with a view toward understanding how these proposals balance competing privacy needs. This article establishes an analytic framework and a foundation for further study of caller and called party privacy that should lead to a better understanding of the privacy debate and the privacy implications of Caller ID. 相似文献
8.
Jens-Erik Mai 《Ethics and Information Technology》2016,18(1):51-57
The paper extends previous accounts of informational privacy as a contextual notion. Where previous accounts have focused on interpretations of the privacy context itself as being contextual and open for negotiation and interpretation, this paper extends those analyses and shows that personal information itself is in fact best understood as contextual and situational—and as such open for interpretation. The paper reviews the notion of information as it has been applied in informational privacy and philosophy of information, and suggests that personal information ought to be regarded as communicative acts. The paper suggests a reconceptualization of informational privacy from having its focus on controlling, limiting, and restricting access to material carriers of information to a focus on a regulation of the use, analysis, and interpretation of personal information. 相似文献
9.
The paper outlines a new interpretation of informational privacy and of its moral value. The main theses defended are: (a)
informational privacy is a function of the ontological friction in the infosphere, that is, of the forces that oppose the
information flow within the space of information; (b) digital ICTs (information and communication technologies) affect the
ontological friction by changing the nature of the infosphere (re-ontologization); (c) digital ICTs can therefore both decrease
and protect informational privacy but, most importantly, they can also alter its nature and hence our understanding and appreciation
of it; (d) a change in our ontological perspective, brought about by digital ICTs, suggests considering each person as being
constituted by his or her information and hence regarding a breach of one’s informational privacy as a form of aggression
towards one’s personal identity. 相似文献
10.
Gloria González Fuster 《Ethics and Information Technology》2010,12(1):87-95
The accuracy principle is one of the key standards of informational privacy. It epitomises the obligation for those processing
personal data to keep their records accurate and up-to-date, with the aim of protecting individuals from unfair decisions.
Currently, however, different practices being put in place in order to enhance the protection of individuals appear to deliberately
rely on the use of ‘inaccurate’ personal information. This article explores such practices and tries to assess their potential
for privacy protection, giving particular attention to their legal implications and to related ethical issues. Ultimately,
it suggests that the use of ‘inaccurate’ data can potentially play a useful role to preserve the informational autonomy of
the individual, and that any understandings of privacy or personal data protection that would tend to unduly limit such potential
should be critically questioned. 相似文献
11.
Modern information systems not only capture a seemingly endless amount of transactional data, but also tend to retain it for indefinite periods of time. We argue that privacy policies must address not only collection and access to transactional information, but also its timely disposal. One unintended side effect of data retention is the disappearance of social forgetfulness, which allows individuals a second chance, the opportunity for a fresh start in life. We examine three domains in which social policy has explicitly recognized the importance of such a principle: bankruptcy law, juvenile crime records, and credit reports. In each case, we frame the issue in terms of the social benefits of forgetfulness, rather than in terms of individual privacy protection. We examine how different policy approaches to privacy might handle the retention of data and propose a comprehensive policy that includes a variety of strategies. The broad conclusion of the article is that data retention and disposal should be addressed as a part of a broader and comprehensive policy approach, rather than in a piecemeal fashion or as an afterthought. 相似文献
12.
Radio Frequency Identification, or RFID, is a technology which has been receiving considerable attention as of late. It is
a fairly simple technology involving radio wave communication between a microchip and an electronic reader, in which an identification
number stored on the chip is transmitted and processed; it can frequently be found in inventory tracking and access control
systems. In this paper, we examine the current uses of RFID, as well as identifying potential future uses of the technology,
including item-level tagging, human implants and RFID-chipped passports, while discussing the impacts that each of these uses
could potentially have on personal privacy. Possible guidelines for RFID’s use, including Fair Information Principles and
the RFID Bill of Rights are then presented, as well as technological solutions to personal privacy problems, such as tag killing
and blocker tags, as well as simple aluminum foil shields for passports. It is then claimed, though, that guidelines and technological
solutions will be ineffective for privacy protection, and that legislation will be necessary to guard against the threats
posed by the RFID. Finally, we present what we believe to be the most important legislative points that must be addressed.
Vance Lockton has recently completed the M.Sc. program at the University of British Columbia, majoring in Computer Science.
Richard S. Rosenberg is a professor emeritus in the Department of Computer Science at the University of British Columbia;
the third edition of his book, “The Social Impact of Computers”, was published by Elsevier Academic Press in 2004. 相似文献
13.
Telecommunications services are for long subject to privacy regulations. At stake are traditionally: privacy of the communication and the protection of traffic data. Privacy of the communication is legally founded. Traffic data subsume under the notion of data protection and are central in the discussion. The telecommunications environment is profoundly changing. The traditionally closed markets with closed networks change into an open market with open networks. Within these open networks more privacy sensitive data are generated and have to be exchanged between growing numbers of parties. Also telecommunications and computer networks are rapidly being integrated and thus the distinction between telephony and computing disappears. Traditional telecommunications privacy regulations are revised to cover internet applications. In this paper telecommunications issues are recalled to aid the on-going debate. Cellular mobile phones have recently be introduced. Cellular networks process a particular category of traffic data namely location data, thereby introducing the issue of territorial privacy into the telecommunications domain. Location data are bound to be used for pervasive future services. Designs for future services are discussed and evaluated for their impact on privacy protection.Parts of this paper have been presented at Ubicomp 2002 in Goteborg and E-CAP 2003 in Glasgow. 相似文献
14.
Emilio Mordini David Wright Kush Wadhwa Paul De Hert Eugenio Mantovani Jesper Thestrup Guido Van Steendam Antonio D’Amico Ira Vater 《Ethics and Information Technology》2009,11(3):203-220
The ageing society poses significant challenges to Europe’s economy and society. In coming to grips with these issues, we
must be aware of their ethical dimensions. Values are the heart of the European Union, as Article 1a of the Lisbon Treaty
makes clear: “The Union is founded on the values of respect for human dignity…”. The notion of Europe as a community of values
has various important implications, including the development of inclusion policies. A special case of exclusion concerns
the gap between those people with effective access to digital and information technology and those without access to it, the
“digital divide”, which in Europe is chiefly age-related. Policies to overcome the digital divide and, more generally speaking,
e-inclusion policies addressing the ageing population raise some ethical problems. Among younger senior citizens, say those
between 65 and 80 years old, the main issues are likely to be universal access to ICT and e-participation. Among the older
senior citizens, say those more than 80 years old, the main issues are mental and physical deterioration and assistive technology.
An approach geared towards the protection of human rights could match the different needs of senior citizens and provide concrete
guidance to evaluate information technologies for them. 相似文献
15.
Adam D. Moore 《Ethics and Information Technology》2016,18(1):41-49
In the United States the ascendancy of speech protection is due to an expansive and unjustified view of the value or primacy of free expression and access to information. This is perhaps understandable, given that privacy has been understood as a mere interest, whereas speech rights have been seen as more fundamental. I have argued elsewhere that the “mere interest” view of privacy is false. Privacy, properly defined, is a necessary condition for human well-being or flourishing. The opening section of this article will provide an overview of this theory. Next, after a few remarks on speech absolutism, privacy absolutism, and balancing theories, I will sketch several of the dominant argument strands that have been offered in support of presumptively weighty speech rights. While these arguments, taken together, establish that free speech is important, they do not support the view that speech should nearly always trump privacy. In final section I will present and defend a way to balance free speech and privacy claims. 相似文献
16.
《普罗米修斯》2012,30(4):467-475
The author chaired two Expert Groups of the OECD including that on privacy, whose guidelines form the basis of the legal regimes in Australia, New Zealand and many other countries. He reviews the success of those guidelines and the defects disclosed by time and by the remarkable advances in information technology since the guidelines were adopted in 1980. He then explores the revival of interest in the protection of privacy in the courts as a common law entitlement, instancing the recent decision of the Australian High Court in the Lenah Game Meats Case. The difficulty which the common law faces in responding to the challenge of informatics is then explored by reference to the decision in Dow Jones v Gutnik concerned with liability for defamation on the Internet. Finally, the author considers two contemporary problems: genetic privacy and terrorism. On the latter, he concludes with a reminder of the need to uphold civic rights, including privacy, so as to ensure that the terrorists, although losing, do not win. 相似文献
17.
Recent anthropological analyses of Chinese attitudes towards privacy fail to pay adequate attention to more ordinary, but
more widely shared ideas of privacy – ideas that, moreover, have changed dramatically since the 1980s as China has become
more and more open to Western countries, cultures, and their network and computing technologies. I begin by reviewing these
changes, in part to show how contemporary notions of privacy in China constitute a dialectical synthesis of both traditional
Chinese emphases on the importance of the family and the state and more Western emphases on individual rights, including the
right to privacy. This same synthesis can be seen in contemporary Chinese law and scholarship regarding privacy. A review
of recent work in philosophical ethics demonstrates that information ethics in China is in its very early stages. In this
work, privacy is justified as an instrumental good, rather than an intrinsic good. I argue by way of conclusion that privacy protections will continue to expand in China, in part under the pressures
of globalization, increasing trade with and exposure to Western societies, and the increasing demands for Western-style individual privacy by young people. Even so, I argue that these emerging conceptions of privacy will remain distinctively Chinese – i.e., they will retain a basic consistency with traditional Chinese values and approaches. 相似文献
18.
Dara J. Glasser Kenneth W. Goodman Norman G. Einspruch 《Ethics and Information Technology》2007,9(2):101-109
Radio Frequency Identification (RFID) systems identify and track objects, animals and, in principle, people. The ability to
gather information obtained by tracking consumer goods, government documents, monetary transactions and human beings raises
a number of interesting and important privacy issues. Moreover, RFID systems pose an ensemble of other ethical challenges
related to appropriate uses and users of such systems. This paper reviews a number of RFID applications with the intention
of identifying the technology’s benefits and possible misuses. We offer an overview and discussion of the most important ethical
issues concerning RFID, and describes and examine some methods of protecting privacy.
Norman G. Einspruch serves as a consultant to several high-technology companies, one of which is in the RFID components and
systems business. 相似文献
19.
20.
Jockum Hildén 《The Information Society》2017,33(3):159-171
Whether the Internet Protocol address should be seen as personal data or not remains a contested issue with regard to information privacy. This article explores the question by looking at the technical attributes of the Internet Protocol address, European Union (EU) and U.S. case law, and how the EU's advisory data protection body, the Article 29 Working Party, and some of the world's most influential information and communication technology (ICT) companies consider the IP address. The notion of contextual integrity is then used to show that information privacy regulation must stipulate concrete technical mandates instead of guiding principles, contrary to the ideal of technology neutrality in Internet regulation. 相似文献