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 (...) revelation of how the NSA and GCHQ collected Internet and mobile phone data presents us with a gigantic, real-life threatened loss case. In this paper, I will defend the control account of privacy against the argument that is based on threatened loss cases. I will do so by developing a new version of the control account that implies that the agents’ privacy is not diminished in threatened loss cases. (shrink)

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 (...) to freely deliberate in public and therefore conflicts with democratic self-determination. (shrink)

Experimental design is one aspect of a scientific method. A well-designed, properly conducted experiment aims to control variables in order to isolate and manipulate causal effects and thereby maximize internal validity, support causal inferences, and guarantee reliable results. Traditionally employed in the natural sciences, experimental design has become an important part of research in the social and behavioral sciences. Experimental methods are also endorsed as the most reliable guides to policy effectiveness. Through a discussion of some of the central concepts (...) associated with experimental design, including controlled variation and randomization, this chapter will provide a summary of key ethical issues that tend to arise in experimental contexts. In addition, by exploring assumptions about the nature of causation and by analyzing features of causal relationships, systems, and inferences in social contexts, this chapter will summarize the ways in which experimental design can undermine the integrity of not only social and behavioral research but policies implemented on the basis of such research. (shrink)

This is a frustrating book: on the one hand, it promises a new outlook on the philosophy of privacy, based upon the work of Luciano Floridi and Baruch Spinoza, which is a welcome extension of the sources used to think about privacy in contemporary political philosophy; on the other hand, it virtually ignores the existing literature on the philosophy and law of privacy. As the presentation of the legal and philosophical issues tends to be schematic, it is quite difficult to (...) know what the book offers by way of additions and corrections to the larger literature on privacy. The book has a bibliography after each chapter, which makes it hard to assess the sources overall, and to find references, unless you remember the chapter in which they occurred. This reinforces the sense that what is presented as a monograph is really a set of independent essays or lectures which, while individually interesting, do not give the reader a clearer sense of the way legal and philosophical issues about privacy fit together. [First paragraph]. (shrink)

This research statement presents a roadmap for the ethical evaluation of contact tracing apps. Assuming the possible development of an effective and secure contact tracing app, this roadmap explores three ethical concerns—privacy, data monopolists and coercion- based on three scenarios. The first scenario envisions and critically evaluates an app that is built on the conceptualization of privacy as anonymity and a mere individual right rather than a social value. The second scenario sketches and critically discusses an app that adequately addresses (...) privacy concerns but is facilitated by data monopolists such as Google and Apple. The final scenario discusses the coerced installation and use of a privacy-friendly, independently developed contact tracing app. The main worry is coercion through societal exclusion and limited societal participation. The statement concludes with three suggestions for designing an ethical contact tracing app and a research agenda. (shrink)

Recent decades have seen an unprecedented proliferation of surveillance programs by government agencies. This development has been driven both by technological progress, which has made large scale surveillance operations relatively cheap and easy, and by the threat of terrorism, organized crime and pandemics, which supplies a ready justification for surveillance. For a long time, mass surveillance programs have been associated with autocratic regimes, most notoriously with the German Democratic Republic and the Stasi, its secret police. A more recent case in (...) point is the efforts of the People’s Republic of China to set up a comprehensive surveillance system that assigns citizens a score reflecting their social and political conformity. But the current rise of state mass surveillance is mostly attributable to the new readiness of liberal democracies to monitor their populations. The vast surveillance system uncovered by whistleblower Edward Snowden is maintained and supported by a group of established liberal democracies, including the United States, the United Kingdom, Canada, and many others. While surveillance programs of authoritarian regimes, installed to monitor and quash political dissidents, are uncontroversially unjust, surveillance operations carried out by liberal democracies possess at least some prima facie legitimacy. They are set up with the stated objective of protecting citizens against terrorism, organized crime and pandemics, which few would deny is the duty of any state. Still, the expansion of large-scale surveillance by democratic governments has widely been perceived as objectionable or at least problematic on account of its harmful effects on both individuals and liberal society at large. (shrink)

Digital communication now pervades all spheres of life, creating new possibilities for commodification: personal data and communication are the new resources of surplus value. This in turn brings about a totally new category of threats to privacy. With recourse to the culture industry critique of early critical theory, this article seeks to challenge basic theoretical assumptions held within a liberal account of privacy. It draws the attention to the entanglement of technical and socio-economic transformations and aims at elaborating an alternative (...) framing which takes into account that privacy is not in the first place a pre-political space for individual freedom but a constituted sphere in which social power relations are reproduced in a particularly deceitful way. With recourse to positions of critical theory, this article revisits the conceptual ambiguity of liberation and oppression and looks to draft prospects for a socio-theoretical justification and critique of privacy, updated for the digital age. Following the tradition of critical theory, the argument focuses on (new) forms of domination in and by privacy. It aims to prepare the ground for a critique of the social’s increasing commodification as well as an idea of privacy understood as reflexive participation in social practices. (shrink)

Research on privacy practices in digital environments has oftentimes discovered a paradoxical relationship between users’ discursive appraisal of privacy and their actual practices: the “privacy paradox.” The emergence of this paradox prompts us to conduct ethnography of a health and fitness platform in order to flesh out the structural mechanisms generating this paradox. We provide an ethnographic analysis of surveillance capitalism in action that relates front-end practices empirically to the data economy’s back-end operations to show how this material-semiotic setup elicits (...) users’ desire to become self-determined subjects in a way that makes them amenable as objects of behavioral engineering. We combine different ethnographic methods and materials to specify how different types of values are produced and translated on the investigated platform. The latter offers users the values of self-mastery and social visibility. However, the data generated in this process serve to translate these values into the value of economic amenability and thereupon ultimately into economic profit. What gets lost in translation, though, is the front-end promise of self-mastery. It is these structural mechanisms that generate the privacy paradox in the first place. (shrink)

Contemporary data practices are inducing a convergent saturation point wherein every human action, reaction, interaction, transaction, thought or desire is quantified, reified, recorded and used. Physical or virtual, all is recorded, known or unknown, seen or unseen, until data permeates every facet of our shared human existence. The implications of this eventuality are potentially so far reaching that the very notion or concept of who we are might be fundamentally altered, resulting in new ontologies of the self in a world (...) of Total Data. This polemic paper reflects on the implications that Total Data has for the ontological self in a range of individual and shared contexts, and considers the potential it has to ultimately be symbiotic or assimilatory. It suggests that the current trajectory for Total Data is more assimilatory than symbiotic, demonstrating more potential to collectively monitor and control people than to emancipate and empower them. In response, it calls for an authentic debate and reassessment of current data practices, and for an urgent reprioritisation of core and enduring human-centred values and symbiosis in technological systems development to emancipate and empower people living in a Total Data world. (shrink)