[Air-l] ethics - aol data

[Michael Zimmer]

I'll bite. Comments below. -mz

On Aug 29, 2006, at 6:39 AM, Jeremy Hunsinger wrote:

> a few minor points that some will disagree with....
>
> a. privacy is a fiction of modernity that arose fairly recently in
> history, but rhetorically and ideologically it has its uses.

Women's suffrage also arose fairly recently in history. Does that  
make it any less of a right/value? I don't see how recency is  
necessarily problematic here.

> 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.

> c. most people in the developed world have already in some form or
> another by license or contract signed away whatever privacy that they
> had in their use of the internet.

Issues of informed consent with EULAs andn clickwrap agreements  
emerge; steps need to be taken to ensure the average internet user  
(my mom, for example) fully understands the data collection &  
retention practices of the products & services she is using

> d. only those people with sufficient technical knowledge to go to
> extreme lengths to ensure their privacy and operate only with trusted
> colleagues really have any security, but they have no guarantees.

Such privileged knowledge could be either spread throughout the user  
base or built into the tools that the average internet user has an  
her disposal. Why not simply hardcode Tor into the browser/OS?

> e. you should not operate under the assumption of privacy, anonymity,
> or security when using the internet.

Again, the average user needs to be better educated to recognize this  
fact. Certain norms of information flow have persisted with off-line  
activities (privacy rights at the library, for example), which the  
average user might assume also exist online.

> f. given all that, there are still best practices for data privacy
> and security.

Agreed.


-----
Michael T. Zimmer
  Doctoral Candidate, Culture and Communication, New York University
  Student Fellow, Information Law Institute, NYU Law School
e: michael.zimmer at nyu.edu
w: http://michaelzimmer.org