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Switch to: Citations
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This essay expands upon an earlier work in which we analyzed the implications of the Verizon v RIAA case for P2P Networks vis-à-vis concerns affecting personal privacy and intellectual property. In the present essay we revisit some of the concerns surrounding this case by analyzing the intellectual property and privacy issues that emerged in the MGM Studios v. Grokster case. These two cases illustrate some of the key tensions that exist between privacy and property interests in cyberspace. In our analysis, (...) |
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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 (...) |
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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 (...) |
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This article highlights a contemporary privacy problem that falls outside the scope of dominant theoretical approaches. Although these approaches emphasize the connection between privacy and a protected personal (or intimate) sphere, many individuals perceive a threat to privacy in the widespread collection of information even in realms normally considered "public". In identifying and describing the problem of privacy in public, this article is preliminary work in a larger effort to map out future theoretical directions. |
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Informational self-determination refers to the right or ability of individuals to exercise personal control over the collection, use and disclosure of their personal data by others. The basis of modern privacy laws and practices around the world, informational privacy has become a challenging concept to protect and promote in a world of ubiquitous and unlimited data sharing and storage among organizations. The paper advocates a “user-centric” approach to managing personal data online. However, user-centricity can be problematic when the user—the data (...) |
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In this paper, we examine some ethical implications of a controversial court decision in the United States involving Verizon (an Internet Service Provider or ISP) and the Recording Industry Association of America (RIAA). In particular, we analyze the impacts this decision has for personal privacy and intellectual property. We begin with a brief description of the controversies and rulings in this case. This is followed by a look at some of the challenges that peer-to-peer (P2P) systems, used to share digital (...) |
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