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  1. added 2020-06-22
    Moral Implications of Data-Mining, Key-Word Searches, and Targeted Electronic Surveillance.Michael Skerker - 2015 - In Bradley J. Strawser, Fritz Allhoff & Adam Henschke (eds.), Binary Bullets. Oxford, UK:
    This chapter addresses the morality of two types of national security electronic surveillance (SIGINT) programs: the analysis of communication “metadata” and dragnet searches for keywords in electronic communication. The chapter develops a standard for assessing coercive government action based on respect for the autonomy of inhabitants of liberal states and argues that both types of SIGINT can potentially meet this standard. That said, the collection of metadata creates opportunities for abuse of power, and so judgments about the trustworthiness and competence (...)
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  2. added 2020-05-22
    Did the NSA and GCHQ Diminish Our Privacy? What the Control Account Should Say.Leonhard Menges - 2020 - Moral Philosophy and Politics 7 (1):29-48.
    A standard account of privacy says that it is essentially a kind of control over personal information. Many privacy scholars have argued against this claim by relying on so-called threatened loss cases. In these cases, personal information about an agent is easily available to another person, but not accessed. Critics contend that control accounts have the implausible implication that the privacy of the relevant agent is diminished in threatened loss cases. Recently, threatened loss cases have become important because Edward Snowden’s (...)
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  3. added 2020-04-04
    Privacy in Public: A Democratic Defense.Titus Stahl - 2020 - Moral Philosophy and Politics 7 (1):73-96.
    Traditional arguments for privacy in public suggest that intentionally public activities, such as political speech, do not deserve privacy protection. In this article, I develop a new argument for the view that surveillance of intentionally public activities should be limited to protect the specific good that this context provides, namely democratic legitimacy. Combining insights from Helen Nissenbaum’s contextualism and Jürgen Habermas’s theory of the public sphere, I argue that strategic surveillance of the public sphere can undermine the capacity of citizens (...)
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  4. added 2020-03-11
    Views on Privacy. A Survey.Siân Brooke & Carissa Véliz - 2020 - In Data, Privacy, and the Individual.
    The purpose of this survey was to gather individual’s attitudes and feelings towards privacy and the selling of data. A total (N) of 1,107 people responded to the survey. -/- Across continents, age, gender, and levels of education, people overwhelmingly think privacy is important. An impressive 82% of respondents deem privacy extremely or very important, and only 1% deem privacy unimportant. Similarly, 88% of participants either agree or strongly agree with the statement that ‘violations to the right to privacy are (...)
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  5. added 2019-12-03
    Medical Privacy and Big Data: A Further Reason in Favour of Public Universal Healthcare Coverage.Carissa Véliz - 2019 - In T. C. de Campos, J. Herring & A. M. Phillips (eds.), Philosophical Foundations of Medical Law. Oxford, U.K.: Oxford University Press. pp. 306-318.
    Most people are completely oblivious to the danger that their medical data undergoes as soon as it goes out into the burgeoning world of big data. Medical data is financially valuable, and your sensitive data may be shared or sold by doctors, hospitals, clinical laboratories, and pharmacies—without your knowledge or consent. Medical data can also be found in your browsing history, the smartphone applications you use, data from wearables, your shopping list, and more. At best, data about your health might (...)
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  6. added 2019-09-25
    Parents, Privacy, and Facebook: Legal and Social Responses to the Problem of Over-Sharing.Renée Nicole Souris - 2018 - In Ann Cudd & Mark Christopher Navin (eds.), Core Concepts and Contemporary Issues in Privacy. Springer. pp. 175-188.
    This paper examines whether American parents legally violate their children’s privacy rights when they share embarrassing images of their children on social media without their children’s consent. My inquiry is motivated by recent reports that French authorities have warned French parents that they could face fines and imprisonment for such conduct, if their children sue them once their children turn 18. Where French privacy law is grounded in respect for dignity, thereby explaining the French concerns for parental “over-sharing,” I show (...)
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  7. added 2019-08-23
    What to Do When Privacy Is Gone.James Brusseau - 2019 - In Computer Ethics - Philosophical Enquiry (CEPE) Proceedings. Norfolk, VA, USA: pp. 1 - 8.
    Today’s ethics of privacy is largely dedicated to defending personal information from big data technologies. This essay goes in the other direction; it considers the struggle to be lost, and explores two strategies for living after privacy is gone. First, total exposure embraces privacy’s decline, and then contributes to the process with transparency. All personal information is shared without reservation. The resulting ethics is explored through a big data version of Robert Nozick’s Experience Machine thought experiment. Second, transient existence responds (...)
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  8. added 2019-08-23
    What to Do When Privacy Is Gone.James Brusseau - 2019 - In D. E. Wittkower (ed.), Computer Ethics - Philosophical Enquiry (CEPE) Proceedings. Norfolk, VA, USA: Old Dominion. pp. 2-8.
    Today’s ethics of privacy is largely dedicated to defending personal information from big data technologies. This essay goes in the other direction; it considers the struggle to be lost, and explores two strategies for living after privacy is gone. First, total exposure embraces privacy’s decline, and then contributes to the process with transparency. All personal information is shared without reservation. The resulting ethics is explored through a big data version of Robert Nozick’s Experience Machine thought experiment. Second, transient existence responds (...)
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  9. added 2019-07-17
    Technology, Autonomy, and Manipulation.Daniel Susser, Beate Roessler & Helen Nissenbaum - 2019 - Internet Policy Review 8 (2).
    Since 2016, when the Facebook/Cambridge Analytica scandal began to emerge, public concern has grown around the threat of “online manipulation”. While these worries are familiar to privacy researchers, this paper aims to make them more salient to policymakers — first, by defining “online manipulation”, thus enabling identification of manipulative practices; and second, by drawing attention to the specific harms online manipulation threatens. We argue that online manipulation is the use of information technology to covertly influence another person’s decision-making, by targeting (...)
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  10. added 2019-02-26
    A Framework for Analyzing and Comparing Privacy States.Alan Rubel & Ryan Biava - 2014 - JASIST: The Journal of the American Society for Information Science and Technology 65 (12):2422-2431.
    This article develops a framework for analyzing and comparing privacy and privacy protections across (inter alia) time, place, and polity and for examining factors that affect privacy and privacy protection. This framework provides a method to describe precisely aspects of privacy and context and a flexible vocabulary and notation for such descriptions and comparisons. Moreover, it links philosophical and conceptual work on privacy to social science and policy work and accommodates different conceptions of the nature and value of privacy. The (...)
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  11. added 2019-02-26
    Libraries, Electronic Resources, and Privacy: The Case for Positive Intellectual Freedom.Alan Rubel - 2014 - Library Quarterly 84 (2):183-208.
    Public and research libraries have long provided resources in electronic formats, and the tension between providing electronic resources and patron privacy is widely recognized. But assessing trade-offs between privacy and access to electronic resources remains difficult. One reason is a conceptual problem regarding intellectual freedom. Traditionally, the LIS literature has plausibly understood privacy as a facet of intellectual freedom. However, while certain types of electronic resource use may diminish patron privacy, thereby diminishing intellectual freedom, the opportunities created by such resources (...)
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  12. added 2019-02-26
    Searching Eyes: Privacy, the State, and Disease Surveillance in America – By Amy L. Fairchild, Ronald Bayer, and James Colgrove. [REVIEW]Alan Rubel - 2009 - Review of Policy Research 26:633-634.
    Review of Searching Eyes: Privacy, the State, and Disease Surveillance in America – By Amy L. Fairchild, Ronald Bayer, and James Colgrove.
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  13. added 2019-02-19
    Eu Não Quero Saber! Uma Defesa do Direito de Não Saber Como Independente do Direito à Privacidade.Lucas Miotto - 2014 - Direito, Estado E Sociedade 45:82-97.
    Neste artigo defendo a tese de que o direito de não saber é independente do direito à privacidade. Há duas diferenças fundamentais entre esses dois direitos que os tornam independentes: (1) a direção da informação do direito de não saber é oposta a do direito à privacidade e (2) o âmbito do direito de não saber é maior do que o do direito à privacidade. Pretendo clarificar essas diferenças e fazer algumas qualificações sobre o direito de não saber, tal como (...)
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  14. added 2019-02-12
    Data Analytics in Higher Education: Key Concerns and Open Questions.Alan Rubel & Kyle M. L. Jones - 2017 - University of St. Thomas Journal of Law and Public Policy 1 (11):25-44.
    “Big Data” and data analytics affect all of us. Data collection, analysis, and use on a large scale is an important and growing part of commerce, governance, communication, law enforcement, security, finance, medicine, and research. And the theme of this symposium, “Individual and Informational Privacy in the Age of Big Data,” is expansive; we could have long and fruitful discussions about practices, laws, and concerns in any of these domains. But a big part of the audience for this symposium is (...)
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  15. added 2019-02-12
    Privacy, Transparency, and Accountability in the NSA’s Bulk Metadata Program.Alan Rubel - 2015 - In Adam D. Moore (ed.), Privacy, Security, and Accountability: Ethics, Law, and Policy. London, UK: pp. 183-202.
    Disputes at the intersection of national security, surveillance, civil liberties, and transparency are nothing new, but they have become a particularly prominent part of public discourse in the years since the attacks on the World Trade Center in September 2001. This is in part due to the dramatic nature of those attacks, in part based on significant legal developments after the attacks (classifying persons as “enemy combatants” outside the scope of traditional Geneva protections, legal memos by White House counsel providing (...)
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  16. added 2018-11-02
    Legal Archetypes and Metadata Collection.Alan Rubel - 2017 - Wisconsin International Law Review 34 (4):823-853.
    In discussions of state surveillance, the values of privacy and security are often set against one another, and people often ask whether privacy is more important than national security.2 I will argue that in one sense privacy is more important than national security. Just what more important means is its own question, though, so I will be more precise. I will argue that national security rationales cannot by themselves justify some kinds of encroachments on individual privacy (including some kinds that (...)
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  17. added 2017-11-26
    Understanding Standing: Permission to Deflect Reasons.Ori Herstein - 2017 - Philosophical Studies 174 (12):3109-3132.
    Standing is a peculiar norm, allowing for deflecting that is rejecting offhand and without deliberation interventions such as directives. Directives are speech acts that aim to give directive-reasons, which are reason to do as the directive directs because of the directive. Standing norms, therefore, provide for deflecting directives regardless of validity or the normative weight of the rejected directive. The logic of the normativity of standing is, therefore, not the logic of invalidating directives or of competing with directive-reasons but of (...)
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  18. added 2017-02-03
    Privacy in Public and the Contextual Conditions of Agency.Maria Brincker - 2017 - In Tjerk Timan, Bert-Jaap Koops & Bryce Newell (eds.), Privacy in Public Space: Conceptual and Regulatory Challenges. Edward Elgar.
    Current technology and surveillance practices make behaviors traceable to persons in unprecedented ways. This causes a loss of anonymity and of many privacy measures relied on in the past. These de facto privacy losses are by many seen as problematic for individual psychology, intimate relations and democratic practices such as free speech and free assembly. I share most of these concerns but propose that an even more fundamental problem might be that our very ability to act as autonomous and purposive (...)
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  19. added 2016-11-22
    Privacy Without the Right to Privacy.Scott A. Anderson - 2008 - The Monist 91 (1):81-107.
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  20. added 2016-10-23
    How to Assess the Emergence of the European Pirate Parties. Towards a Research Agenda.Radu Uszkai & Constantin Vică - 2012 - Sfera Politicii (169):46-55.
    The purpose of this paper is to assess the emergence of the pirate movements in the European Union. Our goal is to sketch the steps towards a research agenda for this grassroots political movement which gained momentum since 2009. To attain our goal we showed the re-signification of the concept of piracy in the debate around intellectual property and its institutional settlement. Afterwards we analysed the big political themes of several European Pirate Parties and their struggle to follow the preferences (...)
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  21. added 2016-09-26
    Living by Algorithm: Smart Surveillance and the Society of Control.Sean Erwin - 2015 - Humanities and Technology Review 34:28-69.
    Foucault’s disciplinary society and his notion of panopticism are often invoked in discussions regarding electronic surveillance. Against this use of Foucault, I argue that contemporary trends in surveillance technology abstract human bodies from their territorial settings, separating them into a series of discrete flows through what Deleuze will term, the surveillant assemblage. The surveillant assemblage and its product, the socially sorted body, aim less at molding, punishing and controlling the body and more at triggering events of in- and ex-clusion from (...)
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  22. added 2016-03-18
    Indiscriminate Mass Surveillance and the Public Sphere.Titus Stahl - 2016 - Ethics and Information Technology 18 (1):33-39.
    Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article develops a critique of (...)
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  23. added 2016-03-03
    Engaging the Public in Ethical Reasoning About Big Data.Justin Anthony Knapp - 2016 - In Soren Adam Matei & Jeff Collman (eds.), Ethical Reasoning in Big Data: An Exploratory Analysis. Springer. pp. 43-52.
    The public constitutes a major stakeholder in the debate about, and resolution of privacy and ethical The public constitutes a major stakeholder in the debate about, and resolution of privacy and ethical about Big Data research seriously and how to communicate messages designed to build trust in specific big data projects and the institution of science in general. This chapter explores the implications of various examples of engaging the public in online activities such as Wikipedia that contrast with “Notice and (...)
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  24. added 2015-11-01
    Would You Mind Being Watched by Machines? Privacy Concerns in Data Mining.Vincent C. Müller - 2009 - AI and Society 23 (4):529-544.
    "Data mining is not an invasion of privacy because access to data is only by machines, not by people": this is the argument that is investigated here. The current importance of this problem is developed in a case study of data mining in the USA for counterterrorism and other surveillance purposes. After a clarification of the relevant nature of privacy, it is argued that access by machines cannot warrant the access to further information, since the analysis will have to be (...)
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  25. added 2015-07-30
    Digital Rights and Freedoms: A Framework for Surveying Users and Analyzing Policies.Todd Davies - 2014 - In Luca Maria Aiello & Daniel McFarland (eds.), Social Informatics: Proceedings of the 6th International Conference (SocInfo 2014). Springer Lecture Notes in Computer Science Vol. 8851. pp. 428-443.
    Interest has been revived in the creation of a "bill of rights" for Internet users. This paper analyzes users' rights into ten broad principles, as a basis for assessing what users regard as important and for comparing different multi-issue Internet policy proposals. Stability of the principles is demonstrated in an experimental survey, which also shows that freedoms of users to participate in the design and coding of platforms appear to be viewed as inessential relative to other rights. An analysis of (...)
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  26. added 2014-09-10
    Privacy: Restrictions and Decisions.Annabelle Lever - 2013 - In Steven Scalet and Christopher Griffin (ed.), APA Newsletter on Philosophy and Law. pp. 1-6.
    This article forms part of a tribute to Anita L. Allen by the APA newletter on Philosophy and Law. It celebrates Allen's work, but also explains why her conception of privacy is philosophically inadequate. It then uses basic democratic principles and the example of the secret ballot to suggest how we might develop a more philosophically persuasive version of Allen's ideas.
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  27. added 2014-09-10
    Privacy, Democracy, and Security.Annabelle Lever - 2013 - The Philosophers' Magazine 63:99-105.
    It is especially hard, at present, to read the newspapers without emitting a howl of anguish and outrage. Philosophy can heal some wounds but, in this case, political action may prove a better remedy than philosophy. It can therefore feel odd trying to think philosophically about surveillance at a time like this, rather than joining with like-minded people to protest the erosion of our civil liberties, the duplicity of our governments, and the failings in our political institutions - including our (...)
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  28. added 2014-09-10
    Neuroscience V. Privacy? : A Democratic Perspective.Annabelle Lever - 2012 - In Sarah Richmond, Geraint Rees & Sarah J. L. Edwards (eds.), I Know What You're Thinking: Brain Imaging and Mental Privacy. Oxford University Press. pp. 205.
    Recent developments in neuroscience create new opportunities for understanding the human brain. The power to do good, however, is also the power to harm, so scientific advances inevitably foster as many dystopian fears as utopian hopes. For instance, neuroscience lends itself to the fear that people will be forced to reveal thoughts and feelings which they would not have chosen to reveal, and of which they may be unaware. It also lends itself to the worry that people will be encouraged (...)
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  29. added 2014-09-10
    Mrs. Aremac and the Camera: A Response to Ryberg.Annabelle Lever - 2008 - Res Publica 14 (1):35-42.
    In a recent article in Respublica, Jesper Ryberg argues that CCTV can be compared to a little old lady gazing out onto the street below. This article takes issue with the claim that government surveillance can be justified in this manner. Governments have powers and responsibilities that little old ladies lack. Even if CCTV is effective at preventing crime, there may be less intrusive ways of doing so. People have a variety of legitimate interests in privacy, and protection for these (...)
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  30. added 2014-09-10
    Mill and the Secret Ballot: Beyond Coercion and Corruption.Annabelle Lever - 2007 - Utilitas 19 (3):354-378.
    In Considerations on Representative Government, John Stuart Mill concedes that secrecy in voting is often justified but, nonetheless, maintains that it should be the exception rather than the rule. This paper critically examines Mill’s arguments. It shows that Mill’s idea of voting depends on a sharp public/private distinction which is difficult to square with democratic ideas about the different powers and responsibilities of voters and their representatives, or with legitimate differences of belief and interest amongst voters themselves. Hence, it concludes, (...)
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  31. added 2014-09-10
    Feminism, Democracy and the Right to Privacy.Annabelle Lever - 2005 - Minerva 2005 (nov):1-31.
    This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people’s freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...)
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  32. added 2014-09-10
    Anita L. Allen, Why Privacy Isn't Everything: Feminist Reflections on Personal Accountability Reviewed By.Annabelle Lever - 2004 - Philosophy in Review 24 (1):1-3.
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  33. added 2014-09-10
    Must Privacy and Sexual Equality Conflict? A Philosophical Examination of Some Legal Evidence.Annabelle Lever - 2001 - Social Research 67 (4):1137-1171.
    Are rights to privacy consistent with sexual equality? In a brief, but influential, article Catherine MacKinnon trenchantly laid out feminist criticisms of the right to privacy. In “Privacy v. Equality: Beyond Roe v. Wade” she linked familiar objections to the right to privacy and connected them to the fate of abortion rights in the U.S.A. (MacKinnon, 1983, 93-102). For many feminists, the Supreme Court’s decision in Roe v. Wade (1973) had suggested that, notwithstanding a dubious past, legal rights to privacy (...)
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