The Geek, Restraining Orders, and Theories of Privacy

August 27, 2009August 18, 2022 / Christopher Parsons / 5 Comments

I’ve been reading some work on privacy and social networks recently, and this combined with Ratliff’s “Gone Forever: What Does It Really Take to Disappear” has led me to think about whether a geek with a website that is clearly their own (e.g. Christopher-Parsons.com) should reasonably expect restraining laws to extend to digital spaces. I’m not really talking at the level of law necessarily, but at a level of normativity: ought a restraining order limit a person from ‘following’ me online as it does from being near me in the physical world?

Restraining orders are commonly issued to prevent recurrences of abuse (physical or verbal) and stalking. While most people who have a website are unable to track who is visiting their webspace, what happens when you compulsively check your server logs (as many good geeks do) and can roughly correlate traffic to particular geo-locations. As a loose example, let’s say that you were in a small town, ‘gained’ an estranged spouse, and then notice that there are regular hits to your website from that small town after you’ve been away from it for years. Let’s go further and say that you have few/no friends in that town, and that you do have a restraining order that is meant to prevent your ex-spouse from being anywhere near you. Does surfing to your online presence (we’ll assume, for this posting, that they aren’t commenting or engaging with the site) normatively constitute a breach of an order?

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Continuums of Social Media?

August 13, 2009March 2, 2013 / Christopher Parsons / 2 Comments

While it’s not the core focus of my research, I pay a lot of attention to trends and conversations about social media, and particularly focus on common standards that support the ‘semantic’ capabilities of web-enabled appliances. In this post I want to think about ways of ‘structuring’ social media along a set of continuums/formalized networks and the role of HTML 5’s semantic possibilities in pushing past the present set of social networking environments.

Social Media as a Hub

As shown in the image to the left, social platforms are situated in the middle of a set of larger social media items; platforms are integrative, insofar as they are able to make calls to other social items and enrich the platform. Under a ‘social media as hub’ continuum, we might imagine that ‘spoke-based’ media items facilitate highly targeted uses; while MMORPGs are ‘social’, they are hyper-targeted and meant to maintain their own internal infrastructure.

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Economics of Authenticity on Twitter

July 24, 2009May 14, 2021 / Christopher Parsons

I’m on Twitter all the time; it’s central to how I learn about discussions taking place about Deep Packet Inspection, a good way of finding privacy-folk from around the world, and lets me feel semi-socialized even though I’m somewhat reclusive. When I use the social networking service, I intersperse bits of ‘me’ (e.g. This wine sucks!) beside news articles I’ve found and believe would be useful to my colleagues, and add in some (attempts at) humor. In this sense, I try to make my Twitter feed feel ‘authentic’, meaning that it is reasonably reflective of how I want to present myself in digital spaces. Further, that presentation resonates (to varying extents) with how I behave in the flesh.

When you hear social-media enthusiasts talk about their media environment, authenticity (i.e. not pretending to be someone/something you’re really, absolutely, not) is the key thing to aim for. Ignoring the amusing Heideggerian implications of this use of authenticity (“How very They!), I think that we can take this to mean that there is a ‘currency’ in social media called ‘authenticity’. There are varying ways of gauging this currency. Continue reading →

Draft – Who Gives a ‘Tweet’ About Privacy?

May 11, 2009 / Christopher Parsons / 4 Comments

This is a full draft of the paper on Twitter and privacy that I’ve been developing over the past few weeks, entitled ‘Who Gives a ‘Tweet’ About Privacy?’ It uses academic privacy literature to examine Twitter and the notion of reasonable expectations of privacy in public, and is written to help nuance privacy discussions surrounding the discourse occuring on Twitter (and, implicitly, similar social networking and blogging sites). The paper focuses on concepts of privacy and, as such, avoids deep empirical analyses of how the term ‘privacy’ is used by particular members of the social networking environment. Further, the paper avoids delving into the web of legal cases that could be drawn on to inform this discussion. Instead, it is theoretically oriented around the following questions:

Do Twitter’s users have reasonable expectations to privacy when tweeting, even though these tweets are the rough equivalent of making statements in public?
If Twitter’s user base should hold expectations to privacy, what might condition these expectations?

The paper ultimately suggests that Daniel Solove’s taxonomy of privacy, most recently articulated in Understanding Privacy, offers the best framework to respond to these question. Users of Twitter do have reasonable expectations to privacy, but such expectations are conditioned by juridical understandings of what is and is not reasonable. In light of this, I conclude by noting that Solove’s use of law to recognize norms is contestable. Thus, while privacy theorists may adopt his method (a focus on privacy problems to categorize types of privacy infractions), they might profitably condition how and why privacy norms are established – court rulings and dissenting opinions may not be the best foundation upon which to rest our privacy claims – by turning to non-legal understandings of norm development, degeneration, and mutation.

Paper can be downloaded here.

Twitter and Privacy in Social Context

May 10, 2009March 2, 2013 / Christopher Parsons

[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 →