This is a draft of the paper that I’ll be presenting at the Counter: Piracy and Counterfeit conference in Manchester in a few days. It’s still rough around some edges, but feels like a substantial piece. Comments, as always, are welcome.
Privacy operates as an umbrella-like concept that shelters liberal citizens’ capacity to enjoy the autonomy, secrecy, and liberty, values that are key to citizens enjoying their psychic and civil dignity. As digitisation sweeps through the post-industrial information economy, these same citizens are increasingly sharing and disseminating copywritten files using peer-to-peer file sharing networks. In the face of economic challenges posed by these networks, some members of the recording industries have sought agreements with Internet Service Providers (ISPs) to govern the sharing of copywritten data. In Britain, file-sharing governance has recently manifested in the form of Virgin Media inserting deep packet inspection (DPI) appliances into their network to monitor for levels of infringing files. In this presentation, I argue that ISPs and vendors must demonstrate technical and social transparency over their use of DPI to assuage worries that communications providers are endangering citizens’ psychic and civil dignities. Drawing on recent Canadian regulatory processes concerning Canadian applications of DPI, I suggest that transparency between civil advocacy groups and ISPs and vendors can garner trust required to limit harms to citizens’ psychic dignity. Further, I maintain that using DPI appliances to detect copyright infringement and apply three-strikes proposals unduly threatens citizens’ civil dignities; alternate governance strategies must be adopted to preserve citizens’ civil dignity.