Different countries have different privacy laws, and different attitudes towards what should be counted as private information. As Peter Fleischer rightly notes, this often means that citizens of various nation-states are often confused about their digital privacy protections – in part because of the influx of foreign culture (and the presumed privacy standards in those media) – and consequently are unaware of their nation’s privacy resources, or lack thereof.
Google Corporation has recently begun to suggest that a global data protection system has to be implemented. In his private blog (which isn’t necessarily associated with his work with Google) Fleischer notes that,
…citizens lose out because they are unsure about what rights they have given the patchwork of competing regimes, and the cost of compliance for businesses risks chilling economic activity. Governments often struggle to find any clear internationally recognised standards on which to build their privacy legislation.
The ultimate goal should be to create minimum standards of privacy protection that meet the expectations and demands of consumers, businesses and governments. Such standards should be relevant today yet flexible enough to meet the needs of an ever changing world. Such standards must also respect the value of privacy as an innate dimension of the individual . . . we should work together to devise a set of standards that reflects the needs of a truly globalised world. That gives each citizen certainty about the rules affecting their data, and the ability to manage their privacy according to their needs. That gives businesses the ability to work within one framework rather than dozens. And that gives governments clear direction about internationally recognised standards, and how they should be applied. (Source)
I’ve recently had the pleasure of reading some of Foucault’s Society Must be Defended. Over the course of the book Foucault will be radically changing his early positions, and I hope to note and discuss these changes as I come across them. This said, I’ve recently finished the first lecture and wanted to reflect on the power of genealogies, the fragmented character of the ‘net, and synthesize that with Wu and Goldsmith’s account of the Internet and Foucault’s own thoughts on power as repression. There’s a lot to do, but I think that it might be very profitable to at least toy around with this for a bit.
There is a tendency to try and capture knowledge in unitary architectures. Foucault equates this to trying to develop a unifying concept to explain the behaviour of each droplet of water that explodes from around a sperm whale when it breeches. In the very process of establishing a complex formula to receive this information, the act itself is lost.
Buchanan’s intent is to demonstrate that it is contradictory to simultaneously hold human rights and the “Permissible Exclusivity Thesis” in mutually high regard. In this review I jaunt through the article, first explicating the Obligatory Exclusivity Thesis (OET), then the Permissible Exclusivity Thesis (PET), and then the several ways of justifying the latter thesis. I finalize the explication by discussing how, having demonstrated the inconsistency of holding PET and human rights, that this can lead to a reconceptualization of domestic politics – they must become cosmopolitan, they must the millennium’s shared plurality into account.
Obligatory exclusivity thesis: A state’s foreign policy always ought to be determined exclusively by the national interest. (110)
Based on OET, national policy guides all foreign actions – this means that human rights are of no consequence to a nation that does regard human rights as an element of their national interest. That said, such an extreme position would commit anyone holding it to a pretty tight corner. In light of this, Buchanan suggests another formulation of the OET that allows us to at least consider rights. The weakened thesis is called the Permissible Exclusivity Test:
Pogge’s general assertion is that the West’s influence in shaping the existing global social conditions is continuing to promote a monumental level of suffering that has, and continues to, kill more people than either Hitler or Stalin. While these claims may seem bold, Pogge’s paper attempts to justify his claims by defending himself against the following:
That he is making a conceptual mistake by re-labelling actions harmful that are really failures to aid and protect.
That he is factually wrong about the causal explanations of severe poverty.
That he is morally wrong by presenting minimal requirements that are excessively demanding.
In addressing these issues, Pogge adopts a ecumenical approach – his approach is intended to convince adherents of all the major moral theories that his position is defensible from all of their objections. Moreover, by adopting a multiplicity of divergent lines of argumentative defence, Pogge aims to avoid creating a strategy that can be ignored by theorists on the basis that they hold hold contrary philosophical positions. Specifically, he will be addressing Lockeans, Libertarians, Rawlsians, and communitarians.
The Canadian SIGINT Summaries includes downloadable copies, along with summary, publication, and original source information, of leaked CSE documents.
Parsons, Christopher; and Molnar, Adam. (2021). “Horizontal Accountability and Signals Intelligence: Lesson Drawing from Annual Electronic Surveillance Reports,” David Murakami Wood and David Lyon (Eds.), Big Data Surveillance and Security Intelligence: The Canadian Case.
Parsons, Christopher. (2015). “Stuck on the Agenda: Drawing lessons from the stagnation of ‘lawful access’ legislation in Canada,” Michael Geist (ed.), Law, Privacy and Surveillance in Canada in the Post-Snowden Era (Ottawa University Press).
Parsons, Christopher. (2015). “The Governance of Telecommunications Surveillance: How Opaque and Unaccountable Practices and Policies Threaten Canadians,” Telecom Transparency Project.
Parsons, Christopher. (2015). “Beyond the ATIP: New methods for interrogating state surveillance,” in Jamie Brownlee and Kevin Walby (Eds.), Access to Information and Social Justice (Arbeiter Ring Publishing).
Bennett, Colin; Parsons, Christopher; Molnar, Adam. (2014). “Forgetting and the right to be forgotten” in Serge Gutwirth et al. (Eds.), Reloading Data Protection: Multidisciplinary Insights and Contemporary Challenges.
Bennett, Colin, and Parsons, Christopher. (2013). “Privacy and Surveillance: The Multi-Disciplinary Literature on the Capture, Use, and Disclosure of Personal information in Cyberspace” in W. Dutton (Ed.), Oxford Handbook of Internet Studies.
McPhail, Brenda; Parsons, Christopher; Ferenbok, Joseph; Smith, Karen; and Clement, Andrew. (2013). “Identifying Canadians at the Border: ePassports and the 9/11 legacy,” in Canadian Journal of Law and Society 27(3).
Parsons, Christopher; Savirimuthu, Joseph; Wipond, Rob; McArthur, Kevin. (2012). “ANPR: Code and Rhetorics of Compliance,” in European Journal of Law and Technology 3(3).