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Stage Ahoy! Deconstruction of the 'Drunken Pirate' Case in the Light of Impression Management
Abstract
Information on the Internet can sometimes damage people by interfering with offline life. A high-school teacher-in-training experienced this firsthand when a photo with the caption "drunken pirate" and a message on her MySpace website led to the end of her career as a teacher. This case received a lot of media attention and is used in academic debate as illustrating the need for a "right to be forgotten". The question is how and to what extent the Internet contributed to the fact that the teacher-in-training's information ended up with the wrong audience. The problems in this case did not arise due to any memory related capacities of the Internet or the Internet being a place where information can be easily copied and reproduced. The problems arose because audience segregation on the Internet is a difficult task.
Teniendo en cuenta la importancia de la protección de datos personales, esta investigación se centrará en la identificación de los criterios utilizados por los tribunales colombianos respecto a los derechos de acceso, modificación y supresión de datos personales en el contexto de la información disponible al público a través de los motores de búsqueda. Este marco de referencia expondrá los diferentes casos puestos en conocimiento de la Corte Constitucional de Colombia y de la Corte Suprema de Justicia de Colombia, en tanto que intenta resaltar cuál fue el criterio utilizado por estas para determinar que los motores de búsqueda son simples intermediarios entre los creadores de contenido y los titulares de datos personales. Finalmente, este estudio intenta contribuir no solo a la literatura legal de protección de datos en Colombia, sino también a mejorar las posibilidades de implementar efectivamente los derechos de los usuarios de los motores de búsqueda en línea en Colombia.
Artifacts are generally constructed on purpose and have intended and unintended effects on the conduct of people. As such, architecture can be used in regulating society, as speed ramps convincingly show. But is this de facto regulating behaviour by means of technology, regulating society in a legal sense, or is it merely disciplining society? Individuals can decide not to comply with legislation but are generally forced to observe the norms imposed upon them by techno-regulation. Many prominent examples of techno-regulation can be found in the context of ICT, for instance DRM, content filtering, privacy enhancing technologies. Users in these contexts are typically bound by the norms embedded in the technology, without these norms being very transparent. Furthermore, techno-regulation in the ICT context is most prominently driven by industry, not government. The combination of the obscurity of the norms embedded in the technology, the strict enforcement of these norms and the process of their enactment raise many questions regarding the legal status and legal effects of techno-regulation. This paper explores the different forms of techno-regulation instituted by both public and private regulators in more detail and tries to answer the question how techno-regulation by public and private regulators should be understood from a legal point of view. The paper argues that state authored techno-regulation has to be seen as supplemental to regular regulation because legitimacy requires the norms to be transparent and the regulator to be accountable for the norms. With regards to non-state authored techno-regulation, the image is more diffuse. Some instances of techno-regulation have a clear legal status and the legal effects of transgressing the techno-norms are clear as well. In other cases, the legal status of the norms is unclear, yet their regulative effect real.
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.
In recent years research has shown that most social network sites pose serious privacy and security risks for individual users. From the existing analyses of privacy and security risks in social network sites we deduce that one of the biggest categories of privacy risks revolves around the notion of `audience segregation', i.e. the partitioning of different audiences and the compartmentalization of social spheres. Since audience segregation is an important mechanism in everyday interactions between people in the real world, we argue that social network sites ought to include this mechanism as well. Current social network sites lack this mechanism. We present Clique, a privacy-preserving social network site that provides `audience segregation' to its users as an alternative.
The Web initially emerged as an “antidote” to accumulated scientific knowledge, since it enables global representation and communication at a minimum cost. Its gigantic scale and interdependence allow us our ability to find relevant information and develop trustworthy contexts. It is time for science to compensate by providing an epistemological “antidote” to Web issues. Philosophy should be in the front line by forming the salient questions and analysis. We need a theory about Web being that will bridge philosophical thinking and engineering. This article analyzes existence and spatiotemporality in the Web and how it transforms the traditional actualities. The resulting issues concern the self‐determination of a being and the way in which the Web could be a free and open platform for innovation and participation.
In this short essay, written for a symposium in the San Diego Law Review, Professor Daniel Solove examines the nothing to hide argument. When asked about government surveillance and data mining, many people respond by declaring: "I've got nothing to hide." According to the nothing to hide argument, there is no threat to privacy unless the government uncovers unlawful activity, in which case a person has no legitimate justification to claim that it remain private. The nothing to hide argument and its variants are quite prevalent, and thus are worth addressing. In this essay, Solove critiques the nothing to hide argument and exposes its faulty underpinnings.
Privacy is one of the most urgent issues associated with information technology and digital media. This book claims that what people really care about when they complain and protest that privacy has been violated is not the act of sharing information itselfâmost people understand that this is crucial to social life âbut the inappropriate, improper sharing of information. Arguing that privacy concerns should not be limited solely to concern about control over personal information, Helen Nissenbaum counters that information ought to be distributed and protected according to norms governing distinct social contextsâwhether it be workplace, health care, schools, or among family and friends. She warns that basic distinctions between public and private, informing many current privacy policies, in fact obscure more than they clarify. In truth, contemporary information systems should alarm us only when they function without regard for social norms and values, and thereby weaken the fabric of social life.
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