Alternatives for protecting privacy while respecting patient care and public health needs

This paper begins with a discussion of the value of privacy,especially for medical records in an age of advancing technology.I then examine three alternative approaches to protection ofmedical records: reliance on governmental guidelines, the useof corporate self-regulation, and my own third hybrid view onhow to maintain a presumption in favor of privacy with respectto medical information, safeguarding privacy as vigorously andcomprehensively as possible, without sacrificing the benefitsof new information technology in medicine. None of the threemodels I examine are unproblematic, yet it is crucial to weighthe strengths and weaknesses of these alternative approaches.     

Cyberstalking, personal privacy, and moral responsibility

This essay examines some ethical aspects of stalkingincidents in cyberspace. Particular attention is focused on the Amy Boyer/Liam Youens case of cyberstalking, which has raised a number of controversial ethical questions. We limit our analysis to three issues involving this particular case. First, we suggest that the privacy of stalking victims is threatened because of the unrestricted access to on-linepersonal information, including on-line public records, currently available to stalkers. Second, we consider issues involving moral responsibility and legal liability for Internet service providers (ISPs) when stalking crimesoccur in their `space' on the Internet. Finally, we examine issues of moral responsibility for ordinary Internet users to determine whether they are obligated to inform persons whom they discover to be the targets of cyberstalkers.     

International Differences in Information Privacy Concerns: A Global Survey of Consumers

We examine three possible explanations for differences in Internet privacy concerns revealed by national regulation: (1) These differences reflect and are related to differences in cultural values described by other research; (2) these differences reflect differences in Internet experience; or (3) they reflect differences in the desires of political institutions without reflecting underlying differences in privacy preferences. Using a sample of Internet users from 38 countries matched against the Internet population of the United States, we find support for (1) and (2), suggesting the need for localized privacy policies. Privacy concerns decline with Internet experience. Controlling for experience, cultural values were associated with differences in privacy concerns. These cultural differences are mediated by regulatory differences, although new cultural differences emerge when differences in regulation are harmonized. Differences in regulation reflect but also shape country differences. Consumers in countries with sectoral regulation have less desire for more privacy regulation.     

International Differences in Information Privacy Concerns: A Global Survey of Consumers

We examine three possible explanations for differences in Internet privacy concerns revealed by national regulation: (1) These differences reflect and are related to differences in cultural values described by other research; (2) these differences reflect differences in Internet experience; or (3) they reflect differences in the desires of political institutions without reflecting underlying differences in privacy preferences. Using a sample of Internet users from 38 countries matched against the Internet population of the United States, we find support for (1) and (2), suggesting the need for localized privacy policies. Privacy concerns decline with Internet experience. Controlling for experience, cultural values were associated with differences in privacy concerns. These cultural differences are mediated by regulatory differences, although new cultural differences emerge when differences in regulation are harmonized. Differences in regulation reflect but also shape country differences. Consumers in countries with sectoral regulation have less desire for more privacy regulation.     

Locke,Intellectual Property Rights,and the Information Commons

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.     

Post-mortem privacy and informational self-determination

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.     

Digital Images for the Information Professional,by Melissa M. Terras. Burlington,VT: Ashgate, 2008. 245 pp. $114.95 cloth. ISBN 978-0-7546-4860-4 (cloth)

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.     

Am I my IP address's keeper? Revisiting the boundaries of information privacy

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.     

Who Searches the Searchers? Community Privacy in the Age of Monolithic Search Engines

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.     

Data Retention and the Panoptic Society: The Social Benefits of Forgetfulness

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.     

Wearable devices and healthcare: Data sharing and privacy

Wearable devices introduce many new capabilities to the delivery of healthcare. But wearables also pose grave privacy risks. Furthermore, information overload gets in the way of informed consent by the patient. To better protect American patients in an increasingly digital world, the U.S. Congress passed the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This article examines the adequacy of HIPAA vis-à-vis issues raised by wearable technologies in the Internet of Things environment and identifies policy gaps and factors that drive health data exposure. It presents a 2 × 2 Partnership-Identity Exposure Matrix, illustrates implications in four different contexts, and provides recommendations for improving privacy protection.     

合作式数字参考咨询服务的知识产权问题研究

合作式数字参考咨询服务在提供全天候、方便、快捷的数字参考咨询服务时,引发了知识产权问题。分析了合作式数字参考咨询在复制、链接、信息网络传播、用户隐私、商业秘密、信息资源汇编以及咨询用户环节的知识产权风险,提出规避和防范风险的相应对策。     

Digital and analog logics: An analysis of the discourse on property rights and information goods

We examine arguments both for strengthening property rights and expanding the public domain for digital information goods. Specifically, we conduct a Toulminian analysis of arguments made at a cross-disciplinary symposium at Duke Law School on information goods and the public domain. We find that there are two “logics” underlying arguments on issues related to information goods: what we describe as digital and analog logics. We also identify five argument categories—profit motive, economic efficiency, innovation, ethics and fundamental rights, and temporality—and two different time frames used for judging impacts—proximal and distal. We conclude with a number of theory-generating propositions and a provocation for our conceptions of capitalism in the digital age.     

Internet freedom and copyright maximalism: Contradictory hypocrisy or complementary policies?

U.S. advocacy for increased international intellectual property protection and a free and open Internet has been criticized as being inconsistent at best and hypocritical at worst. Placing U.S. copyright and Internet policy in a historical context and using Susan Strange's concepts of structural power and knowledge structures, we argue that copyright and Internet policies cannot be analyzed in isolation, but are intimately and inextricably linked forms of knowledge regulation. All knowledge regulation policies involve balancing access and restriction. Our analysis suggests that the current U.S. policy of Internet freedom and strong copyright protection represents a particular, historically situated strategy designed to exert structural power in the global information economy: Free flow of information creates markets by exposure to intellectual properties, while copyright secures economic benefit to copyright holders from the flow. We argue that a full and honest debate over issues of information access requires acknowledgment of contemporary and conflicting values, with the realization that different societies and interests will weigh access and dissemination differently. Recognizing as legitimate and incorporating these different perspectives into the global governance structures of the Internet comprise the key challenge facing those who favor truly democratic global Internet governance.     

A meta-analysis to explore privacy cognition and information disclosure of internet users

Based on the Elaboration Likelihood Model (ELM), this study identifies the differences between perceived privacy risks and privacy concern. Furthermore, the study analyses how perceived privacy risks and privacy concerns affect the disclosure intention and the actual information disclosure behavior of Internet users. In addition, the study discusses the moderating effects of platform types, from the perspective of privacy elaboration likelihood. By applying meta-analyses and SEM on 104 independent studies with 42,256 samples from existing empirical studies, we attempt to systematically reveal the relationship between privacy cognition and information disclosure. The results show that perceived privacy risks can significantly reduce personal information disclosure intention, as well as actual information disclosure behavior. However, privacy concerns only affect disclosure intention, but do not have a significant effect on actual information disclosure behavior. The study also verified that platform types have moderating effects on the privacy decision making of Internet users. The findings yield important and useful implications, both for research and for practice.     

Digital copyright and the “new” controversy: Is the law moulding technology and innovation?

This exploratory article sets out to examine if and how the new digital copyright laws in the U.S. and Europe are affecting innovation on the Internet. It argues that these laws, in balance, at least to date, are having a positive effect on Internet innovation, despite the strident argument that these laws will inhibit innovation. The innovations the article discusses are peer-to-peer (P2P) file sharing technology and the new business models for music retailing that P2P has spawned. It concludes that digital copyright laws could create perverse incentives for innovation and wonders if legislators may not require a better understanding of the innovation process when crafting IP laws.     

Societal and ethical issues of digitization

In this paper we discuss the social and ethical issues that arise as a result of digitization based on six dominant technologies: Internet of Things, robotics, biometrics, persuasive technology, virtual & augmented reality, and digital platforms. We highlight the many developments in the digitizing society that appear to be at odds with six recurring themes revealing from our analysis of the scientific literature on the dominant technologies: privacy, autonomy, security, human dignity, justice, and balance of power. This study shows that the new wave of digitization is putting pressure on these public values. In order to effectively shape the digital society in a socially and ethically responsible way, stakeholders need to have a clear understanding of what such issues might be. Supervision has been developed the most in the areas of privacy and data protection. For other ethical issues concerning digitization such as discrimination, autonomy, human dignity and unequal balance of power, the supervision is not as well organized.     

The gray zone: Networks of piracy,control, and resistance

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.     

The Ontological Interpretation of Informational Privacy

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.     

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