Privacy: A Quick Lit Review

This isn’t a ‘full’ post, in the sense that I’m not actually going to get into any issues. Instead I’m going to put up a list of texts that are particularly helpful in getting into debates surrounding privacy, as well as some texts that deal with privacy as it relates to the process of digitization. I want to do this for two reasons: First, because I am curious to see how I would change this list in a year or two’s time, and second because when I was getting into my Master’s project I couldn’t find anything like the list I’ve prepared.

For the usual purposes of full disclosure/covering my ass, I’ll note that this list should be read as something ‘ongoing’/’in development’. It’s not comprehensive of everything that I’ve ever read and only reflects what I’ve been exposed to up until this point.

Core Books

Philosophical Dimensions of Privacy: An Anthology by Ferdinand D. Schoeman.
Somewhat amusingly, I finally got this book just a month or so after receiving my MA. Why is this the first book on the list? Because it would have saved me a metric buttload of time in going to primary sources to ‘catch up’ on the genealogy of privacy debates. Schoeman has done an exceptional job in collecting major issues and debates in privacy, drawing from prominent philosophical and legal theorists. The downside: it was published in 1984, so it misses the more contemporary discussions in the ongoing debates surrounding privacy. That said, its indispensable if you’re looking for a solid first academic discussion of privacy.

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Mobiles and Your Identity

Today I want to just briefly talk about the competition between Apple’s iPhone and Research in Motion’s Blackberry. I’m not going to bother with things like the aesthetics or the ease of using one over the other. Instead what I want to talk about is how these devices are, and will (in the iPhone’s case) be used. I’ll, as usual, provide a bit of background and then get to what is the real issue with these devices: unless secured, these devices, and other like them, can reveal a substantial amount about yourself and others, enough that it would be a relatively simple task to assume your identity and potentially negatively affect others’ identities/reputations.

Packing Some Confidential Property

I’ll admit it: whenever I go anywhere, my Blackberry comes with me. I use it to track all facets of my life: my contacts (i.e. who I know, what I know about them, notes that I see as important about them), my calendar (i.e. what I do at almost all points of my day, who I’m meeting with, why I’m meeting with them), my email (i.e the communication that I have and think should be recorded for a later date), and my instant messaging (i.e my personal discussions that let me be me with friends). This is super-convenient for me. It also means that I’m carrying a device that would give someone who found/stole it a significant insight into my life and some insight into the lives of people that I know.

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Transparent Commons

We live in a society where there is a strong desire to commoditize everything – water, energy, pollution, and each packet of data that is passed along digital networks. This desire comes from a position that (at least in part) holds that by giving everything a value, by associating costs with the degradation or poor management of commodities, it becomes possible for society to operate more ‘efficiently’. This is the great myth of capitalistic societies; that the deregulation of social goods provides a means to maximally divide wealth, opportunity, and power across the society. In Canada it is NAFTA, and its associated market pressures, that have been largely responsible for the deregulation of social programs and Crown Corporations that were previously responsible for providing core services to Canadians. We now see the specter of similar efficiencies mobilizing to ensure that bandwidth is distributed more efficiently, that people pay proportionate fees for the bandwidth and the actions they use that bandwidth for. In the process, private corporations will limit the possibilities of the Internet – they will stifle innovation by militating how their networks can be used and, as a result, inhibit development that can unexpectedly occur at each bend of these digital highways.

The Notion of Commons

It is possible that you’re not entirely familiar with the notion of the Commons, save for having heard in news reports of the ‘Tragedy of the Commons’, without any real guidance as to what the catchphrase means. To put it quickly, the Commons identifies all places, spaces, items, and products that belong to society at large rather than to any particular individual. This can be better explained by turning to town squares and roads. In the case of town squares, they operate as public space that is available to any and all members of the public to use. Because there is a greater advantage to having those spaces available to a large number of people than if there were not they continue to remain in public hands. By having squares as a public space it is possible to hold various town functions, rallies, readings, and other social events, whereas if they were privately owned the these goods would not have a space where they could be grown, potentially stunting the growth of the community’s identity.

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Who Are You?

If you visit this blog, or any facet of my website, I can identify the IP addresses that have been here. From there I can backtrack and identify the geographic location(s) that my visitors are from and, if I really desire, can spend the time to trace individual computers. This means that I can identify a visitor to the terminal that they access the computer from; I can bridge the ‘divide’ between digital environments and the analogue environment that we eat and breathe in.

Dynamic Identity and Static Info-Requirements

There is a common myth that you can be anyone that you want on the ‘net, that identity is effectively infinite, that identity is mutable insofar as people can assume a multitude of identities that deviate from their analogue identity. Some argue that this degree of mutability persists online, and often identify Massively Multiplayer Online (MMOs) environments such as Second Life (SL), Guildwars (GW), and World of Warcraft (WoW) as prime examples of this mutability, but such assertions are misleading at best. Players in these digital environments assume command of avatars that are created during the character generation phase of the MMO experience. During this phase you can choose your avatar’s gender, race, and basic ‘geographical’ starting locations.

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Who Decides ‘Analogue’ Citizenships?

Typically when asked ‘who is responsible for setting citizenship rules’ there are two general answers that fall out. On the one hand we might hear ‘the government is responsible for setting down citizenship regulations,’ and on the other we might hear ‘the people are responsible for establishing membership guidelines.’ The latter explicitly locates power in the hands of the people, whereas the former recognises legitimised political bureaucracies and machinations are responsible for citizenship. In this post, I want to briefly look at some of the processes and theoretical discussions surrounding citizenship and immigration, and in particular how they relate to ‘Fortress Europe’ and a recent British controversy surrounding citizenship tests.

The Boundaries of Citizenship

Western nation-states have developed around liberal conceptions of citizenship. As a consequence, citizenship is associated with a particular legal status that requires members to fulfill a set of legally enforceable requirements. These requirements can include holding a certain amount of money, it may involve active participation as a citizen (i.e. remaining active in communities that one is being naturalised by volunteering, being active in local politics, etc), or being born in a geographic area.

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When Does Legal Publicity Punish Citizens?

I use Facebook. I blog. I am a registered member of various online services, as well as several offline ones. Google, Facebook, several IT forums, credit card companies, my bank, and my employer (to name a few) can develop a fairly good picture of what I do and where I go on a regular basis. They can predict what I can, and likely will, do. While these issues are important, and I continue to write about them, for this post I want to attend to public documents. Specifically, I want to think about the implications of making legal decisions and court transcripts publicly accessible to anyone with an Internet connection.

Welcome to Law, Online

As mentioned I use Google. I also use a series of other search engines, as I’m sure many others do. Some are specialized for journal articles, others for books to borrow, yet others for books to buy, and so on. Sometimes, when I’m bored, I also search for law cases to read up on (yes, I realize that makes it sound like I have too much time on my hands. It’s for research purposes, really!). Members of the Canadian public can request access to judgments that have been made in a Canadian court; while it may cost the first person to request the transcript a few dollars, subsequent visitors will face negligible costs where costs are imposed at all. Digitized judgments are increasingly placed online for major search engines index and which members of the public can access them at any time. This is done in accordance with precedent – citizens have always been able to read transcripts of court cases by visiting the court where the judgment is kept, finding the documents, and sitting down and reading them. The digitization of such documents (the argument goes) is just a natural extension of past systems of public use.

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