Twitter and Privacy in Social Context

antitwitter

[Note: this is an early draft of the third section of a paper I’m working on titled ‘Who Gives a Tweet about Privacy’ and builds from an earlier posted sections titled ‘Privacy, Dignity, Copyright and Twitter‘ and ‘Twitter and Statutory Notions of Privacy‘. The final sections will be posted as I draft them.]

Simitis recognizes privacy as an issue concerning all of society. As a consequence, his position on the topic is differentiated from those of Westin, Warren, and Brandeis by asserting that privacy is essential for establishing and maintaining constitutional infrastructures. In this section, we take up the ‘social’ element of privacy, exploring it in more depth and to consider its role in establishing citizen-solidarity. In addition, we consider privacy as a contextualized norm that attaches different expectations of privacy to particular situations and encounters. While social-contextual accounts establish reasonable expectations to privacy in public, our hopefulness surrounding these accounts wears thin because the selected scholars exhibit an under theorized conceptualization of how socio-contextual norms are established. Effectively, without an account of how socio-contextual norms are developed in pluralistic environments we are left with little understanding of how to read privacy norms in public spaces like Twitter. Thus, while understanding privacy as contextual integrity does establish reasonable expectations (note the plural) of privacy, the multiplicity of such instantiations renders such understandings of limited usefulness for juridical application in contemporary pluralistic nation-states. Continue reading

Follow-up: Newspapers and Business Models

digitagewebI owe this (more nuanced reflection) of yesterday’s note on the role of ‘professional’ versus ‘amateur’ news, again, to my colleague Tim Smith. After reading my post yesterday, he replied:

nice piece Chris! I have a follow up question.

is investigative journalism on the net in the spaces Simon characterized as amateur. I am thinking of reports like a Bob Woodward breaking of Watergate. A Seymour Hersh breaking of Abu Ghraib. This type of investigative reporting.

Do you see the type of investigative journalism (on political matters) coming from blogs and internet media? If not, could it come from there? It certainly requires a system of professional training (gathering and putting together information not necessarily available on the internet), resources and social capital (contacts).

Re-reading what I’d posted, I can see that these are questions that needed to be asked and responded to. Below is my response to Tim.

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Newspapers: Effects of Closing their Content Ecosystem?

whoownsknowledgeI rely on other people to produce content for me to consume, and I reciprocate by providing my own content (via this blog, government submissions, submissions to alternative news sites, interviews on radio, etc.) to the public. I see this as a reciprocal relationship, insofar as anyone can come here and use my content so long as they abide by my creative commons license. Unfortunately, most advocates for newspapers would see what I do (i.e. blog, think publicly) as unequal to their own work. I’m just an amateur, and they’re the professionals.

One of my colleagues recently linked me to a statement that David Simon presented to Congress about the life or death of newspapers. His argument is (roughly) that bloggers and other ‘amateurs’ cannot be expected or trusted to perform the high quality journalism that these ‘amateurs’ then talk about online (Note from Chris: clear case in point, the critical analysis by journalists of the Bush administration and Iraq compared to bloggers. Oh…wait…). You need dedicated professionals who are professionally trained to generate consistently high quality and accurate content. At the same time, the for-profit model of newspapers has led them to cannibalize their operations for profit. Newspapers will perish if capitalism and the market are seen as ‘solutions’ to the demise of newspapers, just as amateur culture and their appropriation of media will destroy content producers. Something must be done.

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EU: Judicial Review Central to Telecom Disconnects

elpalaciodejusticiaI’m perhaps a bit idealistic, but I think that there are clear contemporary demonstrations of democracy ‘working’. Today’s example comes to us from Europe, where the European Parliament has voted to restore a graduated response to copyright infringement that pertains to when and how individuals can be disconnected from the Internet. Disconnecting individuals from the ‘net, given its important role in citizens’ daily lives, can only be done with judicial oversight; copyright holders and ISPs alone cannot conspire to remove file sharers. This suggests that any three-strike policy in the EU will require judicial oversight, and threatens to radically reform how the copyright industry can influence ISPs.

What might this mean for North America? If policy learning occurs, will we see imports of an EU-style law on this matter? Do we want our policy actors to adopt an EU-model, which could be used to implement a three-strike rule that just includes judicial review at the third strike? In Canada, with the tariffs that we pay, there are already permissible conditions for file sharing – do we really want to see strong American or WIPO copyright legally enforced on our soil?

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Privacy Advocates and Deep Packet Inspection: Vendors, ISPs, and Third-Parties

sandvinetestnetwork[I recently posted a version of this on another website, and thought that it might be useful to re-post here for readers. For a background on Deep Packet Inspection technologies, I’d refer you to this.]

There is a very real need for various parties who advocate against Deep Packet Inspection (DPI) to really work through what Packet Inspection appliances have done, historically, so that their arguments against DPI are as precise as possible. Packet Inspection isn’t new, and it’s not likely to be going away any time soon – perimeter defences for networks are essential for mitigating spam and viruses (and rely on Medium Packet Inspection).

I’m in no way an expert in the various discussions surrounding DPI (though I try to follow the network neutrality, privacy, and communications infrastructure debates), but I have put together a paper that attempts to clarify the lineage of DPI devices and (briefly) suggest that DPI can be understood as a surveillance tool that is different from prior packet inspection technologies. From a privacy perspective (which is where I sit in relation to the deployment of DPI), it’s important for privacy advocates to understand that approaching the issue from a principle-based approach is fraught with problems at legal, theoretical, and practical levels. The complexities of developing a principle-based approach is one of the reasons why many contemporary privacy scholars (myself included) have opted for a ‘problem-based’ approach to identifying privacy infringements. What, exactly, do most advocates mean when they say that their privacy is ‘violated’? I don’t think that a clear position comes out in the advocate position (maybe it does, and I’m just not aware of it) – they appear to allude to a fundamental right to privacy, while pointing to specific instances as ‘violations’ of that right. The worry with principled approaches is that they are challenged to fully capture what we mean when we say something is private, and equally challenged to capture contextualized social norms of privacy (e.g. streetview in the US versus Japan, bodily privacy in differing cultures, etc etc).

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Facial Blurring = Securing Individual Privacy?

Google map privacy?The above image was taken by a Google Streetcar. As is evident, all of the faces in the picture have been blurred in accordance with Google’s anonymization policy. I think that the image nicely works as a lightning rod to capture some of the criticisms and questions that have been arisen around Streetview:

  1. Does the Streetview image-taking process itself, generally, constitute a privacy violation of some sort?
  2. Are individuals’ privacy secured by just blurring faces?
  3. Is this woman’s privacy being violated/infringed upon in so way as a result of having her photo taken?

Google’s response is, no doubt, that individuals who feel that an image is inappropriate can contact the company and they will take the image offline. The problem is that this puts the onus on individuals, though we  might be willing to affirm that Google recognizes photographic privacy as a social value, insofar as any member of society who sees this as a privacy infringement/violation can also ask Google to remove the image. Still, even in the latter case this ‘outsources’ privacy to the community and is a reactive, rather than a proactive, way to limit privacy invasions (if, in fact, the image above constitutes an ‘invasion’). Regardless of whether we want to see privacy as an individual or social value (or, better, as valuable both for individuals and society) we can perhaps more simply ponder whether blurring the face alone is enough to secure individuals’ privacy. Is anonymization the same as securing privacy?

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