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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Shaping your Identity

It’s been a while since I’ve been updating this blog regularly – since I last wrote, I’ve completed my Master’s thesis, traveled to Brasil, sent out applications to Doctoral programs, found (temporary) full-time employment, and rested my brain a bit. Now, I feel rejuvenated, and ready to get back into the swing of things.

Setting the Stage

We are increasingly living in a hybrid world, one where our lives are being digitized. We eat food (analogue) but order it online (digital); we use our voices to talk with one another (analogue) using cell phones (digital); we read cooking recipes (analogue) from recipe websites (digital). In addition to what we actually do, what happens around us, and shapes how we are capable of interacting, often occurs within digital spaces – banking institutions are networked, government documents are send across departments by email, and major corporate executives that make (oftentimes) global decisions seem to have Blackberries surgically attached to themselves.

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Piracy, Privacy, and Big Brother

As an initial aside: Linux betas really are betas, nothing like the relatively polished (in comparison) betas that Redmond released.

Piracy or ‘Avast Me Mateys!’

I don’t spend a lot of time talking about software or music piracy, largely because I think that there are alternate sources that more effectively aggregate and deliver news about it. That said, I couldn’t resist commenting on Jennifer Pariser’s (head of litigation for Sony BMG) statements surrounding digital technologies. When under oath, Pariser responded to Richard Gabriel’s (the lead counsel for record labels) question of whether it was wrong for consumers to make copies of music they have purchased, stating,

When an individual makes a copy of a song for himself, I suppose we can say he stole a song.” Making “a copy” of a purchased song is just “a nice way of saying ‘steals just one copy’ (source).

Her comments directly point to why fair use is under such duress. More importantly, however, even when we apply the principle of charity to her general position, her comments seem to defy the public’s position on the matter. I don’t want to suggest that because people generally believe something that the law should reflect their beliefs – if that was the case then racial segregation would be more prominent than it is – but that when extensive public discourse has been undertaken and a common position is held by the deliberative participants, that their shared consensus should operate as the basis for developing legitimated law. I think that this discourse has, and continues to, occur in North America.

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Who the Hell is Digital Privacy About?!?

This may sound absurd to some of you that either speak with me on a regular basis, or that have been reading this blog or others that I frequent on a regular basis: I sometimes struggle to offer a concise, clear, sound answer to this post’s topic.

I don’t necessarily see this as a failure, but (perhaps as a self-defence mechanism) more as proof that I need to work on condensing my ideas into ‘bite-sized’ fragments that I can then build the big picture from. I know, it sounds silly easy but I often have problems condensing problems to make them immediately approachable to other. So, you ask me, why do I persistently worry about privacy in the digital space? Common reasons why individuals aren’t concerned with their privacy follow (in no particular order, and not a comprehensive list):

  1. If it means that business can make things cheaper than me, then who cares?
  2. If it means that my children are safer, or that criminals are more effectively prosecuted, then who cares?
  3. As long as it doesn’t interfere with my daily life, then who cares?
  4. If I have nothing to hide, then what do I care?
  5. If it safeguards me from terrorism, then who cares?
  6. If it only affects people in other nations, then who cares (more of an American position, but it’s important to deal with)?

I can’t spend too much time on these, but I want to address most of them, in part so that I can steal from this post in the coming weeks.

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So…You Want to Redefine ‘Privacy’, eh?

There has been a sustained argument across the ‘net and in traditional circles, that privacy is being redefined before our very eyes. Oftentimes, we see how a word transforms by studying its etymology – this is helpful in understanding the basis of the words that we utter. What do we do, however, when we work to redefine not just a word’s definition (such as what the term ‘cool’ refers to) but its normative horizons?

In redefining the work ‘privacy’ to account for how people are empirically protecting their privacy, are we redefining the word, or the normative horizon that it captures? Moreover, can we genuinely assume that the term’s normative guide is changing simply because of recent rapid changes in technology increase the difficulty in exercising our right to privacy in digitized environments? To argue that these normative boundaries are shifting largely because of how digital networks have been programmed presupposes that the networks cannot be designed in any other way, that digital content will flow as it does now the same way that gravity acts on our physical bodies as it presently does. The difficulty in maintaining such an analogy is that it assumes that there are natural laws to an immanent programming languages that structure how we can participate in digital environments.

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Online Data Storage and Privacy

Last week Google, Microsoft, and Apple revealed updates to their online data storage platforms – Google now lets users purchase additional space for their various Google applications, Microsoft provides a Live Skydrive (essentially an online network drive), and Apple completely revamped their .Mac solution.

The idea behind these services is that people that are already using, or are considering using, the aforementioned companies’ online services and will be enticed by the idea that they could store hordes of information in ‘safe’ repositories; we can trust that neither Google, Microsoft, or Apple would lose our data, right? This isn’t entirely true – at least Google and Microsoft have previously lost client data and could not always restore it. Individuals cannot count on any of these services, though they are likely to be more reliable than personal backups. What’s more, these online solutions just make life easier by letting users stop worrying about performing personal data backups – this is their real selling feature.

There are issues that emerges with all of these services – first clients cannot know what country their data is being stored in, potentially leaving their data subject to foreign surveillance laws, and second clients cannot verify what any of these corporations are actually doing with their data.

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