[Air-l] ethics - aol data

[Jeremy Hunsinger]

>>
> can't a person lurk in peace?
>
> Jeremy, I'm not sure what kind of statement you're making.  If a
> statement of positive statutory law, it's true (but only in the U.S.)
> that there are statutes establishing privacy claims in medical and
> dental records but none establishing claims in search logs.  In the
> European countries at least, I think there are statutory privacy
> interests covering both medical/dental records and search logs.  I
> believe that search logs are also subject to some retention  
> requirements
> for law enforcement purposes (this is true at least at the EU level  
> but
> I have no idea about the status of national implementation), but the
> personal information they contain isn't considered the ISP's property.
>

above, i was making the more factual claim from my understanding of  
the situation, which granted was informed by a logging architectures  
SANS class and not a law class :)

> If, otoh, you're making a more general normative statement that  
> privacy
> interests exist in medical/dental records but not in the contents of
> searches, why?

oh, i generally don't argue that privacy exists.  i take the claim to  
privacy as existent along with a huge body of discourse that has  
influenced laws and institutions.   Instead of privacy, I tend to  
argue that people have a moral claim to their body and mind and  
anything beyond that is either relations of power as manifest in the  
state and its institutions or an economic claim.

This is because I don't really think that privacy exists or operates.  
In the U.S., I see privacy fundamentally as a construct that helps to  
manage the relationship between record-keeping in the state interest  
and capitalism.  it attempts to carve out a space that is not to be  
exploited, but really... i don't see that space as autonomous or  
unexploited.

anyway, i could go on and on with what i think, but until i actually  
publish it... it doesn't matter much :)


>
> -- 
> Julie E. Cohen
> Professor of Law
> Georgetown University Law Center
> 600 New Jersey Ave., NW
> Washington, DC 20001
> V 202-662-9871
> F 202-662-9410
> jec at law.georgetown.edu
> http://www.law.georgetown.edu/faculty/jec/
>
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jeremy hunsinger
Assistant Professor
Pratt Institute
www.cddc.vt.edu
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