A thematic priority of the European Union’s Framework V research and development programme was the creation of a user-friendly information society which met the needs of citizens and enterprises. In practice, though, for example in the case of on-line digital music, the needs of citizens and enterprises may be in conflict. This paper proposes to leverage the appearance of ‘intelligence’ in the platform layer of a layered communications architecture to avoid such conflicts in similar applications in the future. The key (...) idea is that if the intelligence is encapsulated in an agent, then the agents should be organized as a society, and then the rules of the society can be used to ensure ‘responsible’ behaviour. We discuss how an agent society can be used to regulate behaviour in future information trading scenarios, and conclude that this approach offers a ‘third way’ which can satisfy the (reasonable) needs of both citizens and enterprises in the user-friendly information society. (shrink)

This essay critically examines some classic philosophical and legal theories of privacy, organized into four categories: the nonintrusion, seclusion, limitation, and control theories of privacy. Although each theory includes one or more important insights regarding the concept of privacy, I argue that each falls short of providing an adequate account of privacy. I then examine and defend a theory of privacy that incorporates elements of the classic theories into one unified theory: the Restricted Access/Limited Control (RALC) theory of privacy. Using (...) an example involving data-mining technology on the Internet, I show how RALC can help us to frame an online privacy policy that is sufficiently comprehensive in scope to address a wide range of privacy concerns that arise in connection with computers and information technology. (shrink)

Who is morally permitted to tell jokes about Jews? Poles? Women? Only those in the group? Only those who would be punching up? Anyone, since they are just jokes? All of the standard approaches are too broad or too narrow. In on the Joke provides a more sophisticated approach according to which each person possesses "joke capital" that can serve as "comic insurance" covering certain jokes in certain contexts. When Bob tells a joke about Jews, we can never know exactly (...) what Bob is intending since we cannot see inside Bob’s mind. But we could reasonably infer, if we knew Bob himself was Jewish, if he worked tirelessly for Jewish causes, or was a card-carrying Neo-Nazi. Each would affect his joke capital, and, in certain circumstances, we would have a moral standing to demand to see his ledger to see how much joke capital he had with respect to Jews. The permissibility of that joke depends upon four factors: the joke, the teller of the joke, the audience, and the setting. The view developed in In on the Joke is the only view that clearly explains how each of these components work together in an integrated, effective ethic of humor. (shrink)

One of the most influential views in privacy scholarship is that privacy protects individual autonomy. On the early liberal view, the exercise of autonomy requires detachment from social and political life and privacy facilitates it. This view of privacy still informs current legal and political practice. As this view of privacy presupposes a tension between privacy and society, it is responsible for the underrating of privacy in legal and political practice. Over the last decades, liberal reflection on autonomy has shifted (...) from the early liberal understanding of autonomy as calling for detachment from social life to the idea of autonomy as socially embedded. This development has brought about a corresponding adjustment in the liberal concept of privacy: privacy has come to be seen as a social rather than merely an individual interest. The social turn in thinking about privacy has gone a long way to change the problematic image of privacy in legal and political practice. It has not gone far enough, however, to draw conclusions regarding the political relevance of privacy. I argue that we should understand autonomy as politically embedded. Revised along these lines, privacy has a political value: when we claim privacy, we do not make a claim to withdraw from political life, but rather make a claim to protect certain forms of political engagement. (shrink)

This manuscript reviews the background of Radio Frequency Identification (RFID) as well as the ethical foundations of individual privacy. This includes a historical perspective on personal privacy, a review of the United States Constitutional privacy interpretations, the United Nations Declaration of Human Rights, European Union Regulations, as well as the positions of industry and advocacy groups. A brief review of the information technology ethics literature is also included. The RFID privacy concerns are three-fold: pre-sales activities, sales transaction activities, and post-sales (...) uses. A proposal to address these privacy concerns is detailed, generally based on past philosophical frameworks and specifically on the Fair Information Practices that the Federal Trade Commission has outlined for the electronic marketplace (e-commerce). It is proposed that by application of these Fair Information Practices, the major privacy issues of RFID can be addressed. (shrink)

This paper offers a general theory of privacy, a theory that takes privacy to consist in being free from certain kinds of intrusions. On this understanding, privacy interests are distinct and distinguishable from those in solitude, anonymity, and property, for example, or from the fact that others possess, with neither consent nor permission, personal information about oneself. Privacy intrusions have both epistemic and psychological components, and can range in value from relatively trivial considerations to those of profound consequence for an (...) individual’s dignity, integrity, and autonomy. Thus while the focus of this theory is privacy per se— privacy as being free from certain kinds of intrusions—it has significant implications, discussed briefly, for what properly counts as the content of moral or legal rights to privacy. (shrink)

The Age of surveillance capitalism is a profound economical, sociological, political, philosophical, and ethical work by the American author, Harvard University Professor Shoshana Zuboff. In this work, she analyzes the new economic system, which she calls “surveillance capitalism.” This system revolves around the commodification of personal data, which allows human behavior to be predicted and “nudged” towards profitable ends. This system is historically unprecedented and has only become possible in the technological milieu of interconnected devices, which appeared in the 21st (...) century. In this article, I look at the issue of freedom in Zuboff’s work. I argue that her understanding of freedom involves three ethical dimensions, namely privacy, autonomy, and authenticity. I take “surveillance capitalism” as a theoretical framework, in which I explore several ethical challenges to freedom in the digital age. (shrink)

Social isolation and loneliness are ongoing threats to health made worse by the coronavirus disease 2019 pandemic. During the pandemic, half the globe's population have been placed under strict physical distancing orders and many long-term care facilities serving older adults went into lockdown mode, restricting access to all visitors, including family members. Before the pandemic emerged, a 2020 National Academy of Sciences, Engineering and Medicine report warned of the underappreciated adverse effects of social isolation and loneliness on health, especially among (...) older populations. Social isolation and loneliness predict all-cause mortality at rates that rival clinical risk factors, such as obesity and smoking; they are associated with greater incidence of psychological, cognitive, and physical morbidities. This paper sets forth a proposal to design robots to function as companions and friends for socially isolated and lonely older people during pandemic emergencies and in aging societies more generally. “The proposal” section presents and defends the proposal. The “Replies to objections” section answers objections based on coercive design, replacement of humans with robots, privacy incursions, and counterfeit companionship. The “Conclusion” section submits that sociable robots offer a promising avenue for addressing social isolation and loneliness during pandemics and hold promise for aging societies more broadly. (shrink)

The beliefs, feelings, and thoughts that make up our streams of consciousness would seem to be inherently private. Nevertheless, modern neuroscience is offering to open up the sanctity of this domain to outside viewing. A common retort often voiced to this worry is something like, ‘Privacy is difficult to define and has no inherent moral value. What’s so great about privacy?’ In this article I will argue against these sentiments. A definition of privacy is offered along with an account of (...) why privacy is morally valuable. In the remaining sections, several privacy protecting principles are defended that would limit various sorts of neuro-surveillance promised by advancements in neuroscience. (shrink)

John Rawls's work has greatly contributed to rehabilitating equality as a basic social value, after decades of utilitarian hegemony,particularly in normative economics, but Rawls also emphasized that full equality of welfare is not an adequate goal either. This thesis was echoed in Dworkin's famous twin papers on equality, and it is now widely accepted that egalitarianism must be selective. The bulk of the debate on ‘Equality of What?’ thus deals with what variables ought to be submitted for selection and how (...) this selection ought to be carried out. (shrink)

Research into personal health data holds great potential not only for improved treatment but also for economic growth. In these years many countries are developing policies aimed at facilitating such research often under the banner of ‘big data’. A central point of debate is whether the secondary use of health data requires informed consent if the data is anonymised. In 2013 the Danish Minister of Health established a new register collecting data about all ritual male childhood circumcisions in Denmark. The (...) main purpose of the register was to enable future research into the consequences of ritual circumcision. This article is a study into the case of the Danish Circumcision Registry. We show that such a registry may lead to various forms of harm such as 1) overreaching social pressure, 2) stigmatization, 3) medicalization of a religious practice, 4) discrimination, and 5) polarised research, and that a person may therefore have a strong and legitimate interest in deciding whether or not such data should be collected and/or used in research. This casts doubt on the claim that the requirement of informed consent could and should be waived for all types of secondary research into registries. We finally sketch a new model of informed consent – Meta consent – aimed at striking a balance between the interests in promoting research and at the same time protecting the individual. Research participants may have a strong and legitimate interest in deciding whether or not their data should be collected and used for registry-based research whether or not their data is anonymised. (shrink)

Is gossip ever appropriate as a response to other people’s misdeeds or character flaws? Gossip is arguably the most common means through which communities hold people responsible for their vices and transgressions. Yet, gossiping itself is traditionally considered wrong. This essay develops an account of social punishment in order to ask whether gossip can serve as a legitimate means of enforcing moral norms. In the end, however, I argue that gossip is most likely to be permissible where it resembles punishment (...) as little as possible. (shrink)

In this article I provide an overview of philosophical conceptions of privacy and suggest 3 models to assist with the ethical analysis of privacy invasion by the news media. The models are framed by respect for persons, the comparison of harms and benefits, and the transfer of power. After describing the models, I demonstrate how they can be applied to news reporting that invades the privacy of public figures.

New ubiquitous information and communication technologies, in particular recording-enabled smart devices and social media programs, are giving rise to a profound new power for ordinary people to monitor and track each other on a global scale. Along with this growing capacity to monitor one another is a new capacity to explicitly and publicly judge one another—to rate, rank, comment on, shame and humiliate each other through the net. Drawing upon warnings from Kierkegaard and Mill on the power of public opinion (...) to produce conformity, I argue a new apparatus of surveillance and control is being generated that threatens individual freedom through a coercion of the will by an anonymous and interconnected crowd. I conclude that we must urgently assess how to protect individuals from a social tyranny of the public enabled by these new technologies while effective measures can still be taken to mitigate their dangers. (shrink)

What is privacy? What does privacy mean in relation to biobanking, in what way do the participants have an interest in privacy, (why) is there a right to privacy, and how should the privacy issue be regulated when it comes to biobank research? A relational view of privacy is argued for in this article, which takes as its basis a general discussion of several concepts of privacy and attempts at grounding privacy rights. In promoting and protecting the rights that participants (...) in biobank research might have to privacy, it is argued that their interests should be related to the specific context of the provision and reception of health care that participation in biobank research is connected with. Rather than just granting participants an exclusive right to or ownership of their health information, which must be waived in order to make biobank research possible, the privacy aspect of health information should be viewed in light of the moral rights and duties that accompany any involvement in a research based system of health services. (shrink)

This essay critically analyzes Luciano Floridi’s ontological theory of informational privacy. Organized into two main parts, Part I examines some key foundational components of Floridi’s privacy theory and it considers some of the ways in which his framework purports to be superior to alternative theories of informational privacy. Part II poses two specific challenges for Floridi’s theory of informational privacy, arguing that an adequate privacy theory should be able to: (i) differentiate informational privacy from other kinds of privacy, including psychological (...) privacy; and (ii) distinguish between descriptive and normative aspects of informational privacy in a way that differentiates a (mere) loss of privacy from a violation of privacy. I argue that Floridi’s privacy theory, in its present form, does not explicitly address either challenge. However, I also argue that his ontological theory provides us with a novel way of analyzing the impact that digital technologies have had for informational privacy. I conclude by suggesting that Floridi’s privacy framework can be interpreted as containing the elements of a “personality theory of privacy,” which would be useful to examine in a separate study. (shrink)

Using a Rawlsian approach to analyze the ethical implications of data mining within three major codes of ethics used by American marketing firms, the author argues that marketers should re-conceptualize their business conduct, as defined in their individual codes of ethics, to incorporate a Rawlsian concern for society's least advantaged members. Rawls's concept of primary goods provides the framework for the argument that anonymity, a component of privacy, is vital for consumers whose autonomy is affected by data mining. A combination (...) of practical measures, ethical guidelines, and legislative protections are recommended for minimizing concerns about data mining, while still allowing for commercial advantages provided by the practice. (shrink)

The neo-Aristotelian virtue theory of Philippa Foot is presented here as an alternative framework that is arguably more useful than deontological approaches and that relies less on the assertions of moral claims about the intrinsic goodness of foundational principles. Instead, this project focuses more on cultivating a true ethic; that is, a set of tools and propositions to enable individuals to negotiate inevitable conflicts among moral values and challenges posed by cultural contexts and technology use. Foot's ?natural normativity? connects the (...) conditions of human flourishing and objective reasons for acting morally, providing a framework for a digital media ethic to address three critical categories: virtuality and authenticity, privacy and autonomy, and exchange and discourse. (shrink)

Aristotle thought we are by nature political animals, but the state-of-nature tradition sees political society not as natural but as an artifice. For this tradition, political society can usefully be conceived as emerging from a pre-political state of nature by the exercise of innate normative powers. Those powers, together with the rest of our native normative endowment, both make possible the construction of the state, and place sharp limits on the state's just powers and prerogatives. A state-of-nature theory has three (...) components. One is an account of the native normative endowment, or “NNE.” Two is an account of how the state is constructed using the tools included in the NNE. Three is an account of the state's resulting normative endowment, which includes a (purported) moral power to impose duties of obedience. State-of-nature theories disagree about the NNE. For Locke, it included a “natural executive right” to punish wrongdoing. Recent social scientific findings suggest a quite different NNE. Contrary to Locke, people do not behave in experimental settings as one would predict if they possessed a “natural executive right” to punish wrongdoing. Moral reproof is subject to standing norms. These norms limit the range of eligible reprovers. The social science can support two claims. One, is that the NNE is (as Aristotle held) already political. The other is that political authority can be re-conceived as a matter of standing—that is, as the state's unique moral permission coercively to enforce moral norms, rather than as a moral power to impose freestanding duties of obedience. (shrink)

Smart-home technologies, comprising environmental sensors, wearables and video are attracting interest in home healthcare delivery. Development of such technology is usually justified on the basis of the technology’s potential to increase the autonomy of people living with long-term conditions. Studies of the ethics of smart-homes raise concerns about privacy, consent, social isolation and equity of access. Few studies have investigated the ethical perspectives of smart-home engineers themselves. By exploring the views of engineering researchers in a large smart-home project, we sought (...) to contribute to dialogue between ethics and the engineering community. Either face-to-face or using Skype, we conducted in-depth qualitative interviews with 20 early- and mid-career smart-home researchers from a multi-centre smart-home project, who were asked to describe their own experience and to reflect more broadly about ethical considerations that relate to smart-home design. With participants’ consent, interviews were audio-recorded, transcribed and analysed using a thematic approach. Two overarching themes emerged: in ‘Privacy’, researchers indicated that they paid close attention to negative consequences of potential unauthorised information sharing in their current work. However, when discussing broader issues in smart-home design beyond the confines of their immediate project, researchers considered physical privacy to a lesser extent, even though physical privacy may manifest in emotive concerns about being watched or monitored. In ‘Choice’, researchers indicated they often saw provision of choice to end-users as a solution to ethical dilemmas. While researchers indicated that choices of end-users may need to be restricted for technological reasons, ethical standpoints that restrict choice were usually assumed and embedded in design. The tractability of informational privacy may explain the greater attention that is paid to it. However, concerns about physical privacy may reduce acceptability of smart-home technologies to future end-users. While attention to choice suggests links with privacy, this may misidentify the sources of privacy and risk unjustly burdening end-users with problems that they cannot resolve. Separating considerations of choice and privacy may result in more satisfactory treatment of both. Finally, through our engagement with researchers as participants this study demonstrates the relevance of ethics as a critical partner to smart-home engineering. (shrink)

Many ICT services require that users explicitly consent to conditions of use and policies for the protection of personal information. This consent may become ‘routinised’. We define the concept of routinisation and investigate to what extent routinisation occurs as well as the factors influencing routinisation in a survey study of internet use. We show that routinisation is common and that it is influenced by factors including gender, age, educational level and average daily internet use. We further explore the reasons users (...) provide for not reading conditions and policies and show that they can be grouped in meaningful ways that may delineate different types of routinsation. (shrink)

Today’s reality, largely based on the development of technology, carries with it many dangers for various spheres of our lives. One of the areas most at risk is our privacyand thus our right to privacy. It is one of the fundamental human rights, but unfortunately today it is exposed to many violations. This article is an attempt to interpret the right to privacy, and it shows selected threats to this right from the perspective of the development of new technologies.