[Air-l] ethics - aol data

[burkx006 at umn.edu]

On Aug 29 2006, Jeremy Hunsinger wrote:

>>> b. any data that is outside of the human mind is insecure and hard to
>>> keep secret, not less keep private.  the situation is worse when the
>>> data is mobile, or networked.
>>
>> Agreed, which fuels the need to build tools/policies/laws to try to
>> ensure such data is not used improperly. Norms of personal
>> information flow have been established in off-line intellectual
>> activities (privacy of library records, for example) - such norms
>> should be protected in online activities as well.
>
>here i think we have an issue with 'properly'..    i'm pretty sure  
>that aol is acting properly with its property to the best of their  
>knowledge.  likewise google is acting properly with its property.
>

I'm a little unclear as to Jeremy's referent here; specifically, what 
"property" he is talking about. If he is talking about the data, I would 
rather vigorously oppose characterizing it in that manner. If he is talking 
about the hardware/software on which the data resides, then we need to 
distinguish between ownership/control/use of the "property" carrying the 
information, and ownership/control/use of the information itself. Google 
and AOL may have a proprietary interest in one, but not necessarily the 
other.

Julie Cohen is lurking around here somewhere and might have a thought or 
two on the distinction. :)

DLB


-- 
Dan L. Burk
Oppenheimer, Wolff & Donnelly Professor
University of Minnesota Law School
229 19th Avenue South
Minneapolis, MN  55455
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