[Air-l] ethics - aol data

[Jeremy Hunsinger]

On Aug 29, 2006, at 6:55 AM, Michael Zimmer wrote:

> 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.
>

recency brings up the question of 'why', 'what is the story?'... it  
allows us to realize that conceptually we are dealing with something  
that is constructed out of a tradition and does something in that  
tradition.   the other thing, realizing that it is western modernity  
brings up, is what about other traditions and non-hegemonic  
traditions, do they recognize 'privacy' and does it mean the same  
thing?   (the answer are 'some do' and 'no')


>> 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 not sure that library record privacy is a good example, it is,  
and i'm likely wrong here, something that is very u.s. centric and  
even there is clearly not private inasmuch as it merely protected, if  
that data were private then it would be protected by law, held  
confidentially, and not owned by the library or its contractees.   
currently it is protected by law, but can be ordered released...  
other forms of data, like health data is clearly more private.   
http://www.llrx.com/features/libraryrecords.htm  is  the library  
records rules.


>
>> 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

true, whose burden is that education?   what are the governing norms  
of entering into a private-party contract?

>
>> 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?

because the data is where the money is?    besides, if people wanted  
to be secure/private, they would choose it.   wouldn't they?   there  
are many huge assumptions floating about what people should do and  
think about their privacy.   i think it has been a few years, but i'm  
not sure that the public at large holds the same beliefs about  
'privacy, the body, their personal data etc.' as their advocates in  
the academy and elsewhere.   what if  the public has the knowledge  
that they deem important and has more or less decided to go against  
the opinions of their advocates? in short, should we not be seeing a  
huge public outcry in relation to the aol data release, and if we  
aren't? why? and if people are making public arguments, who are they?  
and what will they gain?

-snip-


>
>
> -----
> 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
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Jeremy Hunsinger
School of Library and Information Science
Pratt Institute
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