Arts and Humanities Commons^™

Development Of The Right To Privacy In Montana Discourse And The Montana Constitution, Scott A. O'Donnell

Undergraduate Theses, Professional Papers, and Capstone Artifacts

No abstract provided.

Asking For It: Gendered Dimensions Of Surveillance Capitalism, Jessica Rizzo

Emancipations: A Journal of Critical Social Analysis

Advertising and privacy were once seen as mutually antagonistic. In the 1950s and 1960s, Americans went to court to fight for their right to be free from the invasion of privacy presented by unwanted advertising, but a strange realignment took place in the 1970s. Radical feminists were among those who were extremely concerned about the collection and computerization of personal data—they worried about private enterprise getting a hold of that data and using it to target women—but liberal feminists went in a different direction, making friends with advertising because they saw it as strategically valuable.

Liberal feminists argued that in …

Concealing In The Public Interest, Or Why We Must Teach Secrecy, Susan Maret

Secrecy and Society

Secrecy as the intentional or unintentional concealment of information is the subject of investigation within the humanities, social sciences, journalism, law and legal studies. However, the subject it is not widely taught as a distinct social problem within higher education. In this article, I report personal experience with developing and teaching a graduate level course on a particular type of secrecy, government secrecy, at the School of Information, San Jose State University. This article includes discussion on selecting course materials, creating assignments, and navigating controversial histories. This article also sets the stage to this special issue of Secrecy and Society …

The Law Of Black Mirror - Syllabus, Yafit Lev-Aretz, Nizan Packin

Open Educational Resources

Using episodes from the show Black Mirror as a study tool - a show that features tales that explore techno-paranoia - the course analyzes legal and policy considerations of futuristic or hypothetical case studies. The case studies tap into the collective unease about the modern world and bring up a variety of fascinating key philosophical, legal, and economic-based questions.

Law And Authors: A Legal Handbook For Writers (Introduction), Jacqueline D. Lipton

Book Chapters

Drawing on a wealth of experience in legal scholarship and publishing, Professor Jacqueline D. Lipton provides a useful legal guide for writers whatever their levels of expertise or categories of work (fiction, nonfiction, academic, journalism, freelance content development). This introductory chapter outlines the key legal and business issues authors are likely to face during the course of their careers, and emphasizes that most legal problems have solutions so law should never be an excuse to avoid writing something that an author feels strongly about creating. The larger work draws from case studies and hypothetical examples to address issues of copyright …

From Protecting To Performing Privacy, Garfield Benjamin

The Journal of Sociotechnical Critique

Privacy is increasingly important in an age of facial recognition technologies, mass data collection, and algorithmic decision-making. Yet it persists as a contested term, a behavioural paradox, and often fails users in practice. This article critiques current methods of thinking privacy in protectionist terms, building on Deleuze's conception of the society of control, through its problematic relation to freedom, property and power. Instead, a new mode of understanding privacy in terms of performativity is provided, drawing on Butler and Sedgwick as well as Cohen and Nissenbaum. This new form of privacy is based on identity, consent and collective action, a …

The Perils Of Privacy And Intelligence-Sharing Arrangements: The Australia–Israel Case Study, Daniel Baldino, Kate Grayson

Arts Papers and Journal Articles

The aim of this analysis is to explore the governance frameworks and associated privacy and interrelated risks that stem from bilateral security arrangements such as the Australia–Israel intelligence relationship. In an era of expanding globalisation of intelligence, targeted oversight advances that are adaptive to global trends may serve to mitigate the potential costs and downsides of transnational intelligence exchange while respecting the privacy, rights and liberties of citizens and ensuring that sovereignty, human rights standards and rule of law remain protected.

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s …

Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi

Political Science Honors Projects

What is the constitutional basis for women’s equality? Recently, scholars have suggested that as the right to privacy has floundered against the political undoing of women's access to abortion, equal protection arguments have grown stronger. This thesis investigates the feminist utility and limits of the equality and privacy arguments. Taking liberal feminism and feminist legal theory as analytical lenses, I offer interpretations of gender discrimination, reproductive rights, and marriage equality case law. By this framework, I argue that while an equality argument is less inherently oppressive towards women than the privacy doctrine, equality doctrine has been constructed thus far to …

Blown To Bits Project, David Schmidt

Informatics Open Educational Resources

The book, Blown to Bits, uncovers the many ways that the new digital world has changed and is changing our whole environment. Some changes are incremental but others are more revolutionary. Some of the changes that we welcome are slowly eroding our privacy and are changing the rules of ownership. This book illuminates the complexities of these changes. I have attempted to capture the central points in selected chapters, and in some cases I have added new material or new examples to replace dated material. I picked chapters to summarize that address the following topics (and more). There are many …

The Tension Between Privacy And Security, Susan Maret, Antoon De Baets

Secrecy and Society

No abstract provided.

Humpty Dumpty Was Wrong - Consistency In Meaning Matters: Some Definitions Of Privacy, Publicity, Secrecy, And Other Family Members, Gary T. Marx

Secrecy and Society

No abstract provided.

My Body, Not My Say: Justice Blackmun's Influential Decision In Roe V. Wade, Kisha K. Patel

Gender, Women's, and Sexuality Studies Summer Fellows

Abortion laws have regulated women’s bodies since the beginning of the country. Many people associate regulation with the case of Roe V. Wade in 1973, in which the Supreme Court ruled that states could not outlaw abortion during the first trimester. Roe v. Wade remains controversial to this day as it failed to establish consensus that women’s decision whether or not to terminate a pregnancy falls within their constitutional right to privacy. Understanding the implications of this decision is fundamental to analyze the debate over the constitutionality of abortion today. This paper examines the opinion written by Justice Blackmun in …

Fouling The First Amendment: Why Colleges Can't, And Shouldn't, Control Student Athletes' Speech On Social Media, Frank D. Lomonte

Journal of Business & Technology Law

No abstract provided.

Social Implications Of Wearable Computing And Augmediated Reality In Every Day Life (Ieee Symposium On Technology And Society, Istas13), Katina Michael

Associate Professor Katina Michael

It was in July 2012 that Steve Mann and I corresponded on the possibility of hosting a conference on wearable computing in Toronto, Canada. Steve had just returned home from a family holiday to France and publicly blogged about an unfortunate incident that had happened to him while away. On 17th July 2012 he posted: “Physical assault by McDonald’s for wearing Digital Eye Glass”. We both knew the timing was right for such an event that was not just a technical engineering or applied orientation on the theme of smart worlds, but an event that would grapple with the dichotomies …

Balance Or Trade-Off? Online Security Technologies And Fundamental Rights, Mireille Hildebrandt

Mireille Hildebrandt

In this contribution I argue that the image of the balance is often used to defend the idea of a trade-off. To understand the drawbacks of this line of thought I will explore the relationship between online security technologies and fundamental rights, notably privacy, non-discrimination, freedom of speech and due process. After discriminating between three types of online security technologies I will trace the reconfiguration of the notion of privacy in the era of smart environments. This will lead to an inquiry into the metaphor of the scale, building on the triple test regarding the justification of the limitation of …

Introduction To The Value Of Personal Data, Mireille Hildebrandt, Kieron O'Hara, Michael Waidner

Mireille Hildebrandt

This Chapter provides an introduction to and overview of the 2013 Yearbook of the Digital Enlightenment Forum, on the subject of the value of personal data. It discusses why we should care about the current monetization of our personal data and raises the issue of whether and, if so, how user-centric personal data ecosystems help to rebalance power asymmetries between individual citizens and large Personal Data Processing Systems.

Privacy Law: Positive Theory And Normative Practice, Anita L. Allen

All Faculty Scholarship

No abstract provided.

De Rechtsstaat In Cyberspace?, Mireille Hildebrandt

Mireille Hildebrandt

Cyberspace is inmiddels overal. Wat tien jaar geleden misschien nog een aparte niet-fysieke wereld leek waar niemand wist dat je een hond was, gaat steeds meer lijken op een verzameling onderling verbonden dorpspleinen. Met dien verstande dat alles wat iedereen doet permanent wordt opgenomen, opgeslagen en doorzocht op betekenisvolle patronen. Steeds meer personen, organisaties maar ook dingen raken verbonden via het internet. De Internationale Telecommunicatie Unie sprak in 2005 van het ‘internet van de dingen’, om aan te geven dat binnen afzienbare tijd alles overal (‘everyware’) via draadloze identificatiesystemen traceerbaar is. Intussen raakt iedereen via de smartphone ‘always on(line)’. Deze …

Associational Privacy And The First Amendment: Naacp V. Alabama, Privacy And Data Protection, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Free Speech And The Myth Of The Internet As An Unintermediated Experience, Christopher S. Yoo

All Faculty Scholarship

In recent years, a growing number of commentators have raised concerns that the decisions made by Internet intermediaries — including last-mile network providers, search engines, social networking sites, and smartphones — are inhibiting free speech and have called for restrictions on their ability to prioritize or exclude content. Such calls ignore the fact that when mass communications are involved, intermediation helps end users to protect themselves from unwanted content and allows them to sift through the avalanche of desired content that grows ever larger every day. Intermediation also helps solve a number of classic economic problems associated with the Internet. …

Privacy En Identiteit In Slimme Omgevingen, Mireille Hildebrandt

Mireille Hildebrandt

Omgevingen zijn slim omdat ze anticiperen op ons toekomstig gedrag. Op basis van een voortdurende opslag van data en de permanente analyse daarvan ontwikkelt de slimme omgeving kennis over onze voorkeuren, gewoonten, leefstijl, gezondheid, stemmingen en voornemens. Die kennis is statistisch van aard en de mate waarin toekomstig gedrag daadwerkelijk wordt voorzien hangt af van de juistheid, de relevantie en de compleetheid van de data. Tegelijk moeten we constateren dat wanneer de bewoner van een slimme omgeving op grond van die afgeleide kennis op een bepaalde manier wordt behandeld, de kans bestaat dat zij zich op den duur gaat gedragen …

Student Comprehension Of Privacy Issues In Sns, Collaborative Project

Dyson College- Seidenberg School of CSIS : Collaborative Projects and Presentations

This entry adheres to the use of the quad chart template to provide for a succint description only of the current research project undertaken by the participants. It provides for the following information:

1. Participant/s
2. Overall project goals
3. Illustrative picture/s
4.Specific research/artistic/pedagogic foci

Data Protection In The Case Law Of Strasbourg And Luxemburg : Constitutionalisation In Action, Paul De Hert, Serge Gutwirth

Serge Gutwirth

Seemingly, the history of data protection is a success story culminating in the recognition of data protection as a separate fundamental right in the 2000 EU Charter of Fundamental Rights. This paper assesses the future of the approach taken towards data protection. Using Lessig’s typology, the EU Charter should be regarded as a transformative constitution rather than as a codifying constitution. Of these two types, the transformative constitution is clearly the more difficult to realize, since it must act when the constitutional moment is over. Lessig is sceptical about the role of the courts when it comes to realizing such …

The Contribution Of The Article 29 Working Party To The Construction Of A Harmonised European Data Protection System: An Illustration Of 'Reflexive Governance'?, Yves Poullet, Serge Gutwirth

Serge Gutwirth

The Art. 29 Working Party, which brings together representatives of the different national supervisory Data Protection Authorities, is a body responsible for giving advice and making recommendations to the European institutions on specific data protection issues. It works closely with the Commission. At European level, no similar institution has been established for example as regards consumer or environmental protection, although some national legislations do provide for supervisory bodies in these matters . To put it a little bit bluntly, it could be said that Art. 29 of the Data Protection Directive has officially installed a kind of ‘privacy lobby group’ …

Natural Law - A Libertarian View, Anthony D'Amato

Faculty Working Papers

What follows from the following two propositions? Legal positivism views law as a command writ large. The commander is the person or group with the most power. Answer: this pernicious mind-set is responsible for our abandonment of personal liberty. For there can be no limit to the imagination and will power of the commander. The plenary jurisdiction of the commander paves the way for Big Government to move in and regulate every aspect of our lives and our privacy. The world wasn't always like this. Prior to the servility that positivism has induced, there was a now-forgotten secular natural law …

Dredging Up The Past: Lifelogging, Memory And Surveillance, Anita L. Allen

All Faculty Scholarship

The term “lifelog” refers to a comprehensive archive of an individual's quotidian existence, created with the help of pervasive computing technologies. Lifelog technologies would record and store everyday conversations, actions, and experiences of their users, enabling future replay and aiding remembrance. Products to assist lifelogging are already on the market; but the technology that will enable people fully and continuously to document their entire lives is still in the research and development phase. For generals, edgy artists and sentimental grandmothers alike, lifelogging could someday replace or complement, existing memory preservation practices. Like a traditional diary, journal or day-book, the lifelog …

Tattoos On Our Digital Skin: Anonymity, Privacy, And Accountability In Cyberspace, Sam Grey

Sam Grey

While it may be oddly flattering that Chapters, Amazon or HMV knew you would like the new Johnny Cash compilation album, you may be less than thrilled to discover that they also knew about your prescription drug addiction, your crabs, your bankruptcy, or your having skipped out on the rent one month back in 1993. When you add the possibility of your favourite e-retailer sharing your personal information- for a profit- to the frank probability of their having known it in the first place, what you initially found flattering may begin to appear more offensive and ominous. Simply put, there …

Privacy Isn't Everything: Accountability As A Personal And Social Good, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Blackmail: Deontology - 1993, Wendy J. Gordon

Scholarship Chronologically

The basic logic of my deontologic approach is this.