No full-text available
To read the full-text of this research,
you can request a copy directly from the author.
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.
... Nowadays, due to the abundance of digital data storage and accessible online information, we face a situation that can be described as "forgetting by choice" and moved to "remembering by default" (KORENHOF, 2014); where remembering has become the norm, while forgetting is the exception. ...
Purpose ”“ Considering the relevance of personal data protection, this article focuses on the identification of the criteria used by Colombian Courts regarding the rights to access, modification and erasure personal data within the context of information made available through search engines. This framework will expose the different cases ruled by the Colombian Constitutional Court as it attempts to highlight which were the criteria used by the courts that brought them to rule that search engines are mere intermediaries between the content makers and data subjects. Finally, this study aims to contribute not only to the data protection legal literature in Colombia, but also, to improve the possibilities to effectively implement user´s rights of online search engines in Colombia. Methodology ”“In order to achieve the purpose of this research project, the following methodological strategies will be employed: (i) Legal-analytical study, by way of reviewing the Colombian regulatory framework in order to map out main rules regarding the fundamental rights to access, modification and erasure of personal data, and determining which ones are the aspects hindering the effective implementation of the rights; (ii) Legal-theoretical study, where it reviews the issues identified by legal scholars as hampering the implementation of data protection rights in general; (iii) Legal-empirical study that aims to raise awareness regarding the incidence of the activities carried out by search engines in the life of data subjects. Findings ”“ The Colombian Constitutional Court has seen search engines as mere intermediaries, meaning they do not have to rectify, correct, eliminate or complete the information listed in the results they provide. This approach demands that the Judiciary enforces the existence of a right to request the erasure of links and the need of procedures provided by them to do it effectively without erasing or altering the content of the website. This delisting process should not be arbitrary based on conditions that allow data subjects to ask the erasure of links associated with their names. In the European Union, the conditions to get those results delisted are inadequacy, irrelevance, or excessiveness in relation to the processing purposes. The current position of the Constitutional Court about the search engines role and their responsibilities has not protected the user’s fundamental rights to privacy, reputation, and honor. Therefore, a more committed study on behalf of the Court is required. Practical Implications ”“ In the Muebles Caquetá Case, the Court must point out the importance of the activities carried out by online search engines, and force them to face the implications of being a “controller” of the processing of personal data that takes place within their services. I suggest that the Court itself should draft clear delisting guidelines considering the opinions of a group of impartial experts, civil society representatives and the local Data Protection Authority. Originality ”“ Considering the implications posed by personal data and data mining, this article identifies the legal and regulatory framework surrounding those activities and in way contribute to create a data protection culture in Latin America, raise awareness regarding the incidence of search engines in the life of data rights holders, identify possible disconnections between the existent regulatory framework for personal data rights, and facilitate the cooperation between Courts and stakeholders of the telecommunication and media sectors, based on the common goal of fulfilling the public interests of ensuring data protection rights.
The Internet’s World Wide Web (web) is increasingly used as people’s primary source of information (Castells, 2010: 382). The technological developments that add to and increase our capacity for data storage and transport have grown explosively in quality and quantity during the last decades (Mayer-Schönberger, 2009), resulting in the growing and generally persistent memory of the web. With the help of search engines, information can be retrieved relatively easily. This easy and long-term accessibility of information has caused, and still is causing, concern when it comes to personal information. In order to deal with such concerns and provide individuals with the means to oppose the persistent digital memory about them, Article 17 of the proposed General Data Protection Regulation hereinafter Proposal (EC European Commission, 2012) was developed. This provision entails a ‘right to be forgotten and to erasure’ (hereafter: RtbF).2
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 aim of compiling the various essays presented here is to make readily accessible many of the most significant and influential discussions of privacy to be found in the literature. In addition to being representative of the diversity of attitudes toward privacy, this collection has a coherence that results from the authors' focus on the same issues and theories. The main issue addressed in this book is the moral significance of privacy. Some social science and legal treatments are included because of their direct bearing on the moral issues that privacy raises. In addition to the classics on privacy, the author has included an interpretative essay on the privacy literature, which provides a philosophical guideline as to what the issues are and how various thinkers have contributed to their resolution.
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.
Delete looks at the surprising phenomenon of perfect remembering in the digital age, and reveals why we must reintroduce our capacity to forget. Digital technology empowers us as never before, yet it has unforeseen consequences as well. Potentially humiliating content on Facebook is enshrined in cyberspace for future employers to see. Google remembers everything we've searched for and when. The digital realm remembers what is sometimes better forgotten, and this has profound implications for us all.InDelete, Viktor Mayer-Sch nberger traces the important role that forgetting has played throughout human history, from the ability to make sound decisions unencumbered by the past to the possibility of second chances. The written word made it possible for humans to remember across generations and time, yet now digital technology and global networks are overriding our natural ability to forget--the past is ever present, ready to be called up at the click of a mouse. Mayer-Sch nberger examines the technology that's facilitating the end of forgetting--digitization, cheap storage and easy retrieval, global access, and increasingly powerful software--and describes the dangers of everlasting digital memory, whether it's outdated information taken out of context or compromising photos the Web won't let us forget. He explains why information privacy rights and other fixes can't help us, and proposes an ingeniously simple solution--expiration dates on information--that may.Deleteis an eye-opening book that will help us remember how to forget in the digital age.
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.
Proposal for a regulation of the European parliament and of the council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation)
- Com European Commission
The filter bubble. London: Viking, an imprint of Penguin Books
- Eli Pariser
Der Wert des Privaten. Frankfurt a. M.: Suhrkamp Verlag. (used print: English translation
- Beate Rössler
Privacy (a moral analysis) In Philosophical Dimensions of Privacy
- Charles Fried
The presentation of self in everyday life. London: Penguin Books. (used print: 1990)
- Erving Goffman
Stigma: Notes on the management of spoiled identity. London: Penguin Books. (used print: 1990)
- Erving Goffman
How to loose your job on your own time
- Randall Stross
Drunken Pirate’ learns costly lesson from her myspace posting
- Brock Read
The web means the end of forgetting
- Jeffrey Rosen