Intellectual Privacy

Author: Neil Richards
Publisher: Oxford University Press, USA
ISBN: 9780199946143
Release Date: 2014-11-13
Genre: Law

"Neil Richards argues that when privacy and free speech truly conflict, free speech should almost always win, but contends that, contrary to conventional wisdom, speech and privacy are only rarely in conflict"--

Intellectual Privacy

Author: Neil Richards
Publisher: Oxford University Press
ISBN: 9780199946150
Release Date: 2015-01-02
Genre: Law

Most people believe that the right to privacy is inherently at odds with the right to free speech. Courts all over the world have struggled with how to reconcile the problems of media gossip with our commitment to free and open public debate for over a century. The rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, where offensive and hurtful speech about others is rife. How should we think about the problems of privacy and free speech? In Intellectual Privacy, Neil Richards offers a different solution, one that ensures that our ideas and values keep pace with our technologies. Because of the importance of free speech to free and open societies, he argues that when privacy and free speech truly conflict, free speech should almost always win. Only when disclosures of truly horrible information are made (such as sex tapes) should privacy be able to trump our commitment to free expression. But in sharp contrast to conventional wisdom, Richards argues that speech and privacy are only rarely in conflict. America's obsession with celebrity culture has blinded us to more important aspects of how privacy and speech fit together. Celebrity gossip might be a price we pay for a free press, but the privacy of ordinary people need not be. True invasions of privacy like peeping toms or electronic surveillance will rarely merit protection as free speech. And critically, Richards shows how most of the law we enact to protect online privacy pose no serious burden to public debate, and how protecting the privacy of our data is not censorship. More fundamentally, Richards shows how privacy and free speech are often essential to each other. He explains the importance of 'intellectual privacy,' protection from surveillance or interference when we are engaged in the processes of generating ideas - thinking, reading, and speaking with confidantes before our ideas are ready for public consumption. In our digital age, in which we increasingly communicate, read, and think with the help of technologies that track us, increased protection for intellectual privacy has become an imperative. What we must do, then, is to worry less about barring tabloid gossip, and worry much more about corporate and government surveillance into the minds, conversations, reading habits, and political beliefs of ordinary people. A timely and provocative book on a subject that affects us all, Intellectual Privacy will radically reshape the debate about privacy and free speech in our digital age.

Intellectual Privacy

Author: Neil Richards
Publisher: Oxford University Press
ISBN: 9780190225094
Release Date: 2015-01-02
Genre: Law

Most people believe that the right to privacy is inherently at odds with the right to free speech. Courts all over the world have struggled with how to reconcile the problems of media gossip with our commitment to free and open public debate for over a century. The rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, where offensive and hurtful speech about others is rife. How should we think about the problems of privacy and free speech? In Intellectual Privacy, Neil Richards offers a different solution, one that ensures that our ideas and values keep pace with our technologies. Because of the importance of free speech to free and open societies, he argues that when privacy and free speech truly conflict, free speech should almost always win. Only when disclosures of truly horrible information are made (such as sex tapes) should privacy be able to trump our commitment to free expression. But in sharp contrast to conventional wisdom, Richards argues that speech and privacy are only rarely in conflict. America's obsession with celebrity culture has blinded us to more important aspects of how privacy and speech fit together. Celebrity gossip might be a price we pay for a free press, but the privacy of ordinary people need not be. True invasions of privacy like peeping toms or electronic surveillance will rarely merit protection as free speech. And critically, Richards shows how most of the law we enact to protect online privacy pose no serious burden to public debate, and how protecting the privacy of our data is not censorship. More fundamentally, Richards shows how privacy and free speech are often essential to each other. He explains the importance of 'intellectual privacy,' protection from surveillance or interference when we are engaged in the processes of generating ideas - thinking, reading, and speaking with confidantes before our ideas are ready for public consumption. In our digital age, in which we increasingly communicate, read, and think with the help of technologies that track us, increased protection for intellectual privacy has become an imperative. What we must do, then, is to worry less about barring tabloid gossip, and worry much more about corporate and government surveillance into the minds, conversations, reading habits, and political beliefs of ordinary people. A timely and provocative book on a subject that affects us all, Intellectual Privacy will radically reshape the debate about privacy and free speech in our digital age.

The End of Ownership

Author: Aaron Perzanowski
Publisher: MIT Press
ISBN: 9780262035019
Release Date: 2016-11-04
Genre: Language Arts & Disciplines

An argument for retaining the notion of personal property in the products we "buy" in the digital marketplace.

The First Amendment Bubble

Author: Amy Gajda
Publisher: Harvard University Press
ISBN: 9780674368323
Release Date: 2015-01-05
Genre: Law

For decades, privacy took a back seat to the public’s right to know. But as the Internet and changing journalism have made it harder to distinguish news from titillation, U.S. courts are showing new resolve in protecting individuals from invasive media scrutiny. As Amy Gajda shows, this judicial backlash is now impinging on mainstream journalists.

Madison s Music

Author: Burt Neuborne
Publisher: New Press, The
ISBN: 9781620970539
Release Date: 2015-02-03
Genre: Law

Are you sitting down? It turns out that everything you learned about the First Amendment is wrong. For too long, we’ve been treating small, isolated snippets of the text as infallible gospel without looking at the masterpiece of the whole. Legal luminary Burt Neuborne argues that the structure of the First Amendment as well as of the entire Bill of Rights was more intentional than most people realize, beginning with the internal freedom of conscience and working outward to freedom of expression and finally freedom of public association. This design, Neuborne argues, was not to protect discrete individual rights—such as the rights of corporations to spend unlimited amounts of money to influence elections—but to guarantee that the process of democracy continues without disenfranchisement, oppression, or injustice. Neuborne, who was the legal director of the ACLU and has argued numerous cases before the Supreme Court, invites us to hear the “music” within the form and content of Madison’s carefully formulated text. When we hear Madison’s music, a democratic ideal flowers in front of us, and we can see that the First Amendment gives us the tools to fight for campaign finance reform, the right to vote, equal rights in the military, the right to be full citizens, and the right to prevent corporations from riding roughshod over the weakest among us. Neuborne gives us an eloquent lesson in democracy that informs and inspires.

Media Law and Policy in the Internet Age

Author: Doreen Weisenhaus
Publisher: Bloomsbury Publishing
ISBN: 9781782257387
Release Date: 2017-02-23
Genre: Law

The Internet brings opportunity and peril for media freedom and freedom of expression. It enables new forms of publication and extends the reach of traditional publishers, but its power increases the potential damage of harmful speech and invites state regulation and censorship as well as manipulation by private and commercial interests. In jurisdictions around the world, courts, lawmakers and regulators grapple with these contradictions and challenges in different ways with different goals in mind. The media law reforms they are adopting or considering contain crucial lessons for those forming their own responses or who seek to understand how technology is driving such rapid change in how information and opinion are distributed or restricted. In this book, many of the world's leading authorities examine the emerging landscape of reform in nations with variable political and legal contexts. They analyse developments particularly through the prisms of defamation and media regulation, but also explore the impact of technology on privacy law and national security. Whether as jurists, lawmakers, legal practitioners or scholars, they are at the front lines of a story of epic change in how and why the Internet is changing the nature and raising the stakes of 21st century communication and expression. "The internet has given the world the means to more fully realize the right to seek, receive and impart information and ideas regardless of frontiers. But this giant step for freedom of information has come with equally giant challenges, including that of adapting laws and national jurisdiction to this borderless medium. Media Law and Policy in the Internet Age could not have come at a more pressing time. It provides a crucial and comparative insight into the defining issue of the decade. A must-read for anyone seeking to better comprehend the depth and breadth of the impact of the internet on our legal concepts, systems and reasoning." Dr Agnes Callamard, Director, Columbia Global Freedom of Expression, Columbia University "It has never been easier to communicate information; the internet and social media enable anyone to be a publisher or netizen. Laws to restrict communication adapt to this new context, creating fresh battlegrounds in the continuing fight to protect freedom of expression. This book shines a bright light on the issues at stake, with insights from the front lines by individuals dedicated to media law reforms. How the law affects free speech matters to us all." Heather Rogers, QC, One Brick Court, London, and co-author Duncan and Neill on Defamation (4th edn) (2015) "Media Law and Policy in the Internet Age represents a significant addition to the still limited literature on how we should approach media freedom globally. It coherently examines various internet-driven challenges and opportunities for media law reforms. This informatively edited volume provides an in-depth and wide-ranging insight into defamation, privacy, "open justice,†? the journalist's privilege, and more. The book should be essential reading for anyone interested in the international, foreign, and comparative framework for analyzing the internet's impact on media freedom and practice." Kyu Ho Youm, Professor and Jonathan Marshall First Amendment Chair, University of Oregon "The legal environment underlying serious journalism rarely gets enough attention, yet it is crucial to what we journalists do. The shifting laws that impact our reporting have grown markedly more complex in the digital age. Fortunately, we have a groundbreaking new resource in the field. In Media Law and Policy in the Internet Age, Doreen Weisenhaus, Simon Young and their colleagues chart the global trends affecting media freedom, libel law, and online expression. For those who care about the future of free expression, this is an invaluable addition." David E Kaplan, Executive Director, Global Investigative Journalism Network

Copyright Law Digital Content and the Internet in the Asia Pacific

Author: Brian F. Fitzgerald
Publisher:
ISBN: STANFORD:36105064230753
Release Date: 2008-01-01
Genre: Computers

Copyright law, digital content and the Internet in the Asia-Pacific provides a unique insight into the key issues facing copyright law and digital content policy in a networked information world. It emanates from a landmark conference - The First International Forum on the Content Industry and Intellectual Property - organised by Queensland University of Technology (QUT), The ARC Centre of Excellence for Creative Industries and Innovation (CCi) and East China University of Political Science and Law (ECUPL) in Shanghai in 2007. The book features chapters from a wide range of experts in their respective fields from across the Asia-Pacific region, including Australia, the People's Republic of China, Hong Kong, Indonesia and Singapore. Some of the areas examined include the new digital environment, digital content policy, the networked information economy, copyright law and new media. The book provides a timely and scholarly appraisal of the legal and policy considerations facing anyone trying to regulate, sponsor or utilise the vast array of new media and content platforms now available.

Ctrl Z

Author: Meg Leta Jones
Publisher: NYU Press
ISBN: 9781479876747
Release Date: 2018-05
Genre: Law

A gripping insight into the digital debate over data ownership, permanence and policy “This is going on your permanent record!” is a threat that has never held more weight than it does in the Internet Age, when information lasts indefinitely. The ability to make good on that threat is as democratized as posting a Tweet or making blog. Data about us is created, shared, collected, analyzed, and processed at an overwhelming scale. The damage caused can be severe, affecting relationships, employment, academic success, and any number of other opportunities—and it can also be long lasting. One possible solution to this threat? A digital right to be forgotten, which would in turn create a legal duty to delete, hide, or anonymize information at the request of another user. The highly controversial right has been criticized as a repugnant affront to principles of expression and access, as unworkable as a technical measure, and as effective as trying to put the cat back in the bag. Ctrl+Z breaks down the debate and provides guidance for a way forward. It argues that the existing perspectives are too limited, offering easy forgetting or none at all. By looking at new theories of privacy and organizing the many potential applications of the right, law and technology scholar Meg Leta Jones offers a set of nuanced choices. To help us choose, she provides a digital information life cycle, reflects on particular legal cultures, and analyzes international interoperability. In the end, the right to be forgotten can be innovative, liberating, and globally viable.

Consent of the Networked

Author: Rebecca MacKinnon
Publisher: Basic Books (AZ)
ISBN: 9780465063758
Release Date: 2013-04-23
Genre: Computers

The future of your freedom depends on whether you assert your rights within the digital spaces you inhabit. But, as corporations and countries square off onÑand overÑthe internet, the likely losers are us.

Obfuscation

Author: Finn Brunton
Publisher: MIT Press
ISBN: 9780262331326
Release Date: 2015-09-11
Genre: Computers

With Obfuscation, Finn Brunton and Helen Nissenbaum mean to start a revolution. They are calling us not to the barricades but to our computers, offering us ways to fight today's pervasive digital surveillance -- the collection of our data by governments, corporations, advertisers, and hackers. To the toolkit of privacy protecting techniques and projects, they propose adding obfuscation: the deliberate use of ambiguous, confusing, or misleading information to interfere with surveillance and data collection projects. Brunton and Nissenbaum provide tools and a rationale for evasion, noncompliance, refusal, even sabotage -- especially for average users, those of us not in a position to opt out or exert control over data about ourselves. Obfuscation will teach users to push back, software developers to keep their user data safe, and policy makers to gather data without misusing it.Brunton and Nissenbaum present a guide to the forms and formats that obfuscation has taken and explain how to craft its implementation to suit the goal and the adversary. They describe a series of historical and contemporary examples, including radar chaff deployed by World War II pilots, Twitter bots that hobbled the social media strategy of popular protest movements, and software that can camouflage users' search queries and stymie online advertising. They go on to consider obfuscation in more general terms, discussing why obfuscation is necessary, whether it is justified, how it works, and how it can be integrated with other privacy practices and technologies.

Blown to Bits

Author: Harold Abelson
Publisher: Addison-Wesley Professional
ISBN: 9780137135592
Release Date: 2008
Genre: Computers

Every day, billions of photographs, news stories, songs, X-rays, TV shows, phone calls, and emails are being scattered around the world as sequences of zeroes and ones: bits. We can't escape this explosion of digital information and few of us want to-the benefits are too seductive. The technology has enabled unprecedented innovation, collaboration, entertainment, and democratic participation. But the same engineering marvels are shattering centuries-old assumptions about privacy, identity, free expression, and personal control as more and more details of our lives are captured as digital data. Can you control who sees all that personal information about you? Can email be truly confidential, when nothing seems to be private? Shouldn't the Internet be censored the way radio and TV are? is it really a federal crime to download music? When you use Google or Yahoo! to search for something, how do they decide which sites to show you? Do you still have free speech in the digital world? Do you have a voice in shaping government or corporate policies about any of this? Blown to Bits offers provocative answers to these questions and tells intriguing real-life stories. This book is a wake-up call To The human consequences of the digital explosion.

Resistance Liberation Technology and Human Rights in the Digital Age

Author: Giovanni Ziccardi
Publisher: Springer Science & Business Media
ISBN: 9789400752757
Release Date: 2012-09-29
Genre: Philosophy

This book explains strategies, techniques, legal issues and the relationships between digital resistance activities, information warfare actions, liberation technology and human rights. It studies the concept of authority in the digital era and focuses in particular on the actions of so-called digital dissidents. Moving from the difference between hacking and computer crimes, the book explains concepts of hacktivism, the information war between states, a new form of politics (such as open data movements, radical transparency, crowd sourcing and “Twitter Revolutions”), and the hacking of political systems and of state technologies. The book focuses on the protection of human rights in countries with oppressive regimes.

Engaging Privacy and Information Technology in a Digital Age

Author: Committee on Privacy in the Information Age
Publisher: National Academies Press
ISBN: 9780309103923
Release Date: 2007-06-28
Genre: Computers

Privacy is a growing concern in the United States and around the world. The spread of the Internet and the seemingly boundaryless options for collecting, saving, sharing, and comparing information trigger consumer worries. Online practices of business and government agencies may present new ways to compromise privacy, and e-commerce and technologies that make a wide range of personal information available to anyone with a Web browser only begin to hint at the possibilities for inappropriate or unwarranted intrusion into our personal lives. Engaging Privacy and Information Technology in a Digital Age presents a comprehensive and multidisciplinary examination of privacy in the information age. It explores such important concepts as how the threats to privacy evolving, how can privacy be protected and how society can balance the interests of individuals, businesses and government in ways that promote privacy reasonably and effectively? This book seeks to raise awareness of the web of connectedness among the actions one takes and the privacy policies that are enacted, and provides a variety of tools and concepts with which debates over privacy can be more fruitfully engaged. Engaging Privacy and Information Technology in a Digital Age focuses on three major components affecting notions, perceptions, and expectations of privacy: technological change, societal shifts, and circumstantial discontinuities. This book will be of special interest to anyone interested in understanding why privacy issues are often so intractable.