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1.
Taking Operation Payback and the broader context provided by The Pirate Bay as a point of reference, I consider the role of network-based initiatives in shaping the digital rights movement. I argue that Operation Payback is a significant milestone in copyright controversies because it exposed formal and informal, legal and extralegal strategies that have crystallized into an intricate business model around intellectual property. The most consequential outcome of this operation was that it created a focus on privacy violations that occurred at the behest of copyright, and thus revealed the tensions between intellectual property and privacy. In so doing, it brought privacy concerns front and center, galvanizing unprecedented support for the digital rights movement.  相似文献   

2.
I will argue that one class of issues in computer ethics oftenassociated with privacy and a putative right to privacy isbest-analyzed in terms that make no substantive reference toprivacy at all. These issues concern the way that networkedinformation technology creates new ways in which conventionalrights to personal security can be threatened. However onechooses to analyze rights, rights to secure person and propertywill be among the most basic, the least controversial, and themost universally recognized. A risk-based approach to theseissues provides a clearer statement of what is ethicallyimportant, as well as what is ethically problematic. Once theissues of security have been articulated clearly, it becomespossible to make out genuine issues of privacy in contrast tothem.  相似文献   

3.
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   

4.
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   

5.
Post-mortem privacy is becoming a vital topic of public and scholarly legal concern. Post-mortem privacy is understood as the right of a person to preserve and control what becomes of his reputation and dignity after death. The assumption that the deceased does not qualify for privacy rights, because his bodily presence has been terminated, no longer holds in our networked society. In the digital age, the phenomenon of the digital legacy that an Internet user leaves behind after his demise, has led to new challenges for the legal system. The deceased is no longer in a position to exercise human autonomy as an active agent. The article reconsiders the notion of human autonomy with regard to these digital representations. Taking the point of view that the control over personal information (also known as informational self-determination) is essential in protecting one’s privacy in the antemortem life, the article explores whether this principle may have validity in the postmortem context. Legal philosophical arguments are advanced in a discourse about the quandary if digital personae of deceased persons can be bestowed with a legal basis of personality rights and concomitantly privacy rights. Therefore much attention is given to the problem of the subject, which does not seem to be functioning in the case of the absence of a living subject. Briefly referring to novel personae, it is argued that fundamental human rights need not be limited to the rights of living human beings.  相似文献   

6.
7.
In the face of ubiquitous information communication technology, the presence of blogs, personal websites, and public message boards give the illusion of uncensored criticism and discussion of the ethical implications of business activities. However, little attention has been paid to the limitations on free speech posed by the control of access to the Internet by private entities, enabling them to censor content that is deemed critical of corporate or public policy. The premise of this research is that transparency alone will not achieve the desired results if ICT is used in a one way system, controlled by the provider of information. Stakeholders must have an avenue using the same technology to respond to and interact with the information. We propose a model that imposes on corporations a public trust, requiring these gatekeepers of communication technology to preserve individual rights to criticism and review.  相似文献   

8.
Privacy has largely been equated with every individual's right to privacy. Accordingly, current efforts to protect privacy on the Internet have sought anonymity by breaking, where possible, links with personally identifiable information (PII)—all uses of aggregated data stripped of PII are considered legitimate. This article argues that we need to use a broader concept, general or group identifying information (GII), because even aggregated data stripped of PII violate privacy at the community level. The search engine companies, or anyone else with access to their log files, can use these data to generate a moment-by-moment view of what is on the collective mind. Such a view can be used in a variety of ways, some with deep economic and even political impact. In order to frame this discussion, it is necessary to examine some of the realities of the search engine-mediated associative interface to the World Wide Web. While this interface has enormous benefits for the networked world, it also fundamentally changes a number of issues underlying various current debates about Internet governance.  相似文献   

9.
It has been recommended that parents should monitor their children’s Internet use, including what sites their children visit, what messages they receive, and what they post. In this paper, I claim that parents ought not to follow this advice, because to do so would violate children’s right to privacy over their on-line information exchanges. In defense of this claim, I argue that children have a right to privacy from their parents, because such a right respects their current capacities and fosters their future capacities for autonomy and relationships.  相似文献   

10.
KDD, data mining, and the challenge for normative privacy   总被引:3,自引:1,他引:2  
The present study examines certain challenges that KDD (Knowledge Discovery in Databases) in general and data mining in particular pose for normative privacy and public policy. In an earlier work (see Tavani, 1999), I argued that certain applications of data-mining technology involving the manipulation of personal data raise special privacy concerns. Whereas the main purpose of the earlier essay was to show what those specific privacy concerns are and to describe how exactly those concerns have been introduced by the use of certain KDD and data-mining techniques, the present study questions whether the use of those techniques necessarily violates the privacy of individuals. This question is considered vis-à-vis a recent theory of privacy advanced by James Moor (1997). The implications of that privacy theory for a data-mining policy are also considered.  相似文献   

11.
12.
The concept of privacy as a basic human right which has to be protected by law is a recently adopted concept in Thailand, as the protection of human rights was only legally recognized by the National Human Rights Act in 1999. Moreover, along with other drafted legislation on computer crime, the law on privacy protection has not yet been enacted. The political reform and the influences of globalization have speeded up the process of westernization of the urban, educated middle-class professionals. However, the strength of traditional Thai culture means that a mass awareness of the concept of privacy rights remains scarce. This paper explicates the Thai cultural perspective on privacy and discusses the influence of Buddhism on privacy rights, including the impacts of globalization and the influence of Western values on the country’s political and legal developments. The paper also discusses the legal provisions regarding privacy protection, and the debates on the smart ID cards policy and SIM cards registration for national security.  相似文献   

13.
For commercial purveyors of digital speech, information and entertainment, the biggest threat posed by the Internet isn't the threat of piracy, but the threat posed by free speech -- speech that doesn't cost any money. Free speech has the potential to squeeze out expensive speech. A glut of high quality free stuff has the potential to run companies in the business of selling speech out of business. We haven't had to worry about this before, because speaking in a meaningful way to a large audience was expensive, and people couldn't afford to do serious mass speaking for free for very long. The Internet has made it much cheaper. It doesn't take much to give out information to the whole world, every day, for free, for years. And people do. If we are trying to increase the abundant dissemination of information, free speech is good. If we are trying to increase commerce in information, free speech is arguably bad, in that it competes with pay speech. Information merchants would obviously prefer that the only speech in the marketplace be pay speech. In the past two years, commercial content owners have scored significant progress in herding free speakers off the Net. There's an important synergy between persuading the government to give your industry some friendly new laws or regulations, and using new and old legal tools to make life more difficult or expensive for inconvenient competitors who aren't necessarily doing anything illegal. Recently, businesses have been able to combine the two strategies to make the Internet a much safer place to sell speech, by making the Internet a less friendly, more dangerous place to give away speech for free.  相似文献   

14.
15.
ABSTRACT

Higher education institutions have started using big data analytics tools. By gathering information about students as they navigate information systems, learning analytics employs techniques to understand student behaviors and to improve instructional, curricular, and support resources and learning environments. However, learning analytics presents important moral and policy issues surrounding student privacy. We argue that there are five crucial questions about student privacy that we must address in order to ensure that whatever the laudable goals and gains of learning analytics, they are commensurate with respecting students' privacy and associated rights, including (but not limited to) autonomy interests. We address information access concerns, the intrusive nature of information-gathering practices, whether or not learning analytics is justified given the potential distribution of consequences and benefits, and issues related to student autonomy. Finally, we question whether learning analytics advances the aims of higher education or runs counter to those goals.  相似文献   

16.
In the public debate, social implications of information technology are mainly seen through the privacy lens. Impact assessments of information technology are also often limited to privacy impact assessments, which are focused on individual rights and well-being, as opposed to the social environment. In this article, I argue that this perspective is too narrow, in terms of understanding the complexity of the relation between information technology and society, as well as in terms of directions for managing this relation. I use systems theory to show that current approaches focus mostly on individual impact of information technology developments rather than their mediating role in society itself. I argue that this should be complemented by an analysis of impact on individuals (psychic systems) via co-construction of the environment (social system). I then take up the question of what the role of information technology in social systems would look like in terms of the social relations of trust and power, and how this can complement privacy in discussions on impacts of information technology.  相似文献   

17.
《The Information Society》2007,23(5):383-389
Privacy has largely been equated with every individual's right to privacy. Accordingly, current efforts to protect privacy on the Internet have sought anonymity by breaking, where possible, links with personally identifiable information (PII)—all uses of aggregated data stripped of PII are considered legitimate. This article argues that we need to use a broader concept, general or group identifying information (GII), because even aggregated data stripped of PII violate privacy at the community level. The search engine companies, or anyone else with access to their log files, can use these data to generate a moment-by-moment view of what is on the collective mind. Such a view can be used in a variety of ways, some with deep economic and even political impact. In order to frame this discussion, it is necessary to examine some of the realities of the search engine-mediated associative interface to the World Wide Web. While this interface has enormous benefits for the networked world, it also fundamentally changes a number of issues underlying various current debates about Internet governance.  相似文献   

18.
This article reviews the qualitative changes that big data technology introduced to society, particularly changes that affect how individuals control the access, use and retention of their personal data. In particular interest is whether the practice of privacy self-management in this new context could still ensure the informed consent of individuals to the privacy terms of big data companies. It is concluded that that accepting big data companies’ privacy policies falls short of the disclosure and understanding requirements for informed consent. The article argues that the practice of privacy self-management could remain viable if the review, understanding and acceptance of privacy agreements is streamlined, standardized and automated. Technology should be employed to counter the privacy problems created by big data technology. The creation of the privacy exchange authorities (PEA) is proposed as a solution to the failures of privacy self-management. The PEA are intermediaries that empower individuals to define their own privacy terms and express informed consent in their dealings with data companies. They will create the technological infrastructure for individuals to select their own privacy terms from a list of standard choices, potentially only once. The PEA will further mediate the delivery and authentication of the individual users’ privacy terms to data companies. A logical proof of concept is offered, illustrating the potential steps involved in the creation of the PEA.  相似文献   

19.
Solutions to the problem ofprotecting informational privacy in cyberspacetend to fall into one of three categories:technological solutions, self-regulatorysolutions, and legislative solutions. In thispaper, I suggest that the legal protection ofthe right to online privacy within the USshould be strengthened. Traditionally, inidentifying where support can be found in theUS Constitution for a right to informationalprivacy, the point of focus has been on theFourth Amendment; protection in this contextfinds its moral basis in personal liberty,personal dignity, self-esteem, and othervalues. On the other hand, the constitutionalright to privacy first established by Griswoldv. Connecticut finds its moral basis largelyin a single value, the value of autonomy ofdecision-making. I propose that an expandedconstitutional right to informational privacy,responsive to the escalating threats posed toonline privacy by developments in informationaltechnology, would be more likely to find asolid moral basis in the value of autonomyassociated with the constitutional right toprivacy found in Griswold than in the varietyof values forming the moral basis for the rightto privacy backed by the Fourth Amendment.  相似文献   

20.
This paper aims to provide new insights to debates on group privacy, which can be seen as part of a social turn in privacy scholarship. Research is increasingly showing that the classic individualistic understanding of privacy is insufficient to capture new problems in algorithmic and online contexts. An understanding of privacy as an “interpersonal boundary-control process” (Altman, The environment and social behavior, Brooks and Cole, Monterey, 1975) framing privacy as a social practice necessary to sustain intimate relationships is gaining ground. In this debate, my research is focused on what I refer to as “self-determined groups” which can be defined as groups whose members consciously and willingly perceive themselves as being part of a communicative network. While much attention is given to new forms of algorithmically generated groups, current research on group privacy fails to account for the ways in which self-determined groups are affected by changes brought about by new information technologies. In an explorative case study on self-organized therapy groups, I show how these groups have developed their own approach to privacy protection, functioning on the basis of social practices followed by all participants. This informal approach was effective in pre-digital times, but online, privacy threats have reached a new level extending beyond the scope of a group’s influence. I therefore argue that self-determined sensitive topic groups are left facing what I present as a dilemma: a tension between the seemingly irreconcilable need for connectivity and a low threshold, on the one hand, and the need for privacy and trust, on the other. In light of this dilemma, I argue that we need new sorts of political solutions.  相似文献   

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