The goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the (...) current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies. (shrink)

The Snowden revelations about National Security Agency surveillance, starting in 2013, along with the ambiguous complicity of internet companies and the international controversies that followed provide a perfect segue into contemporary conundrums of surveillance and Big Data. Attention has shifted from late C20th information technologies and networks to a C21st focus on data, currently crystallized in “Big Data.” Big Data intensifies certain surveillance trends associated with information technology and networks, and is thus implicated in fresh but fluid configurations. This is (...) considered in three main ways: One, the capacities of Big Data intensify surveillance by expanding interconnected datasets and analytical tools. Existing dynamics of influence, risk-management, and control increase their speed and scope through new techniques, especially predictive analytics. Two, while Big Data appears to be about size, qualitative change in surveillance practices is also perceptible, accenting consequences. Important trends persist – the control motif, faith in technology, public-private synergies, and user-involvement – but the future-orientation increasingly severs surveillance from history and memory and the quest for pattern-discovery is used to justify unprecedented access to data. Three, the ethical turn becomes more urgent as a mode of critique. Modernity's predilection for certain definitions of privacy betrays the subjects of surveillance who, so far from conforming to the abstract, disembodied image of both computing and legal practices, are engaged and embodied users-in-relation whose activities both fuel and foreclose surveillance. (shrink)

This article provides a history of private sector tracking technologies, examining how the advent of commercial surveillance centered around a logic of data capitalism. Data capitalism is a system in which the commoditization of our data enables an asymmetric redistribution of power that is weighted toward the actors who have access and the capability to make sense of information. It is enacted through capitalism and justified by the association of networked technologies with the political and social benefits of online community, (...) drawing upon narratives that foreground the social and political benefits of networked technologies. I examine its origins in the wake of the dotcom bubble, when technology makers sought to develop a new business model to support online commerce. By leveraging user data for advertising purposes, they contributed to an information environment in which every action leaves behind traces collected by companies for commercial purposes. Through analysis of primary source materials produced by technology makers, journalists, and business analysts, I examine the emergence of data capitalism between the mid-1990s and mid-2000s and its central role in the contemporary information economy. (shrink)

This paper was written in response to Etzioni’s “Apple: Good Business Poor Citizen”. It argues that Etzioni is correct in seeing the recent conflict between Apple and the FBI over cracking the San Bernardino shooter’s iPhone as requiring that considerations of national security be balanced against the rights of those it might impact. There are nonetheless critical questions about one must still ask: whose rights are curbed, to what degree, and how does a society decide which side to favor? More (...) attention needs to be paid to the privacy of other iPhone users and, importantly, the burden that hacking the phone might impose on Apple, either impairing its brand value or compromising its business potential. Finally, by asking ‘who judges the balance?’, it questions whether labeling Apple a poor citizen is premature, as they had only begun challenging the FBI’s judgment through the judicial process. (shrink)

Etzioni has recently proposed that the success of Internet enabled commerce is surprising due to what I label the “trust in strangers” problem. In here responding to Etzioni, I argue that the “trust in strangers” problem effectively dissolves once it is recognized that current manifestations of Internet commerce are not associated with high levels of anonymity, but rather, with high levels of surveillance. In doing so, I first outline how data capitalism and security considerations have contributed to Internet surveillance being (...) close to ubiquitous. Following this, I differentiate between three types of surveillance—i.e. top-down, bottom-up, networked—that many people who digitally connect rely upon. In concluding, I emphasize my basic argument. Namely, that it is “trust in surveillance”, rather than “trust in strangers”, that supports current manifestations of commerce online. (shrink)

Recent scholarship in philosophy, law, and information systems suggests that respecting privacy entails understanding the implicit privacy norms about what, why, and to whom information is shared within specific relationships. These social contracts are important to understand if firms are to adequately manage the privacy expectations of stakeholders. This paper explores a social contract approach to developing, acknowledging, and protecting privacy norms within specific contexts. While privacy as a social contract—a mutually beneficial agreement within a community about sharing and using (...) information—has been introduced theoretically and empirically, the full impact on firms of an alternative framework to respecting the privacy expectations of stakeholders has not been examined. The goal of this paper is to examine how privacy norms develop through social contract’s narrative, to redescribe privacy violations given the social contract approach, and to critically examine the role of business as a contractor in developing privacy norms. A social contract narrative dealing specifically with issues of privacy is an important next step in exploring a social contract approach to privacy. Here, the narrative is used to explain to analyze the dynamic process of privacy norm generation within particular communities. Based on this narrative, individuals within a given community discriminately share information with a particular set of obligations in mind as to who has access to the information and how it will be used. Rather than giving away privacy, individuals discriminately share information within a particular community and with norms governing the use of their information. Similar to contractual business ethics’ impact on global commerce in explaining how and why norms vary across global contexts, the social contract approach to privacy explains how and why norms vary across communities of actors. Focusing on agreements around privacy expectations shifts the responsibility of firms from adequate notification to the responsibility of firms as contractors to maintain a mutually beneficial and sustainable solution. (shrink)

The goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the (...) current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies. (shrink)

The “privacy paradox” refers to the discrepancy between the concern individuals express for their privacy and the apparently low value they actually assign to it when they readily trade personal information for low-value goods online. In this paper, I argue that the privacy paradox masks a more important paradox: the self-management model of privacy embedded in notice-and-consent pages on websites and other, analogous practices can be readily shown to underprotect privacy, even in the economic terms favored by its advocates. The (...) real question, then, is why privacy self-management occupies such a prominent position in privacy law and regulation. Borrowing from Foucault’s late writings, I argue that this failure to protect privacy is also a success in ethical subject formation, as it actively pushes privacy norms and practices in a neoliberal direction. In other words, privacy self-management isn’t about protecting people’s privacy; it’s about inculcating the idea that privacy is an individual, commodified good that can be traded for other market goods. Along the way, the self-management regime forces privacy into the market, obstructs the functioning of other, more social, understandings of privacy, and occludes the various ways that individuals attempt to resist adopting the market-based view of themselves and their privacy. Throughout, I use the analytics practices of Facebook and social networking sites as a sustained case study of the point. (shrink)

Situating privacy within the context of political philosophy, this book highlights the way in which struggles concerning the meaning of privacy have always been political. Different conceptions of privacy are here shown to involve diverse assumptions about ontology: our conceptions of self, culture, society and communication. Privacy theory's debt to Locke, Kant or Mill, and what is at stake in their conceptual frameworks, is examined. The extent to which the term "privacy" has been used to the detriment of - and (...) to create - weaker parties in marriage, in the workplace and now as citizens and consumers, as well as employees, is also demonstrated. In contrast, Janice Richardson pursues the relevance of Floridi's philosophy of information, before turning to her application of Spinoza, the philosopher of communication, in order to outline a more useful framework through which to think about privacy today. The book will be of interest to those working in political philosophy, feminist philosophy, law, the philosophy of information, sociology, media, and cultural studies. (shrink)