Ludic encounters – understanding surveillance through game metaphors

This article explores the connections between game studies and surveillance studies. Although much of previous research analyzes surveillance as an oppressive practice, a more critical approach has recently identified the playful and enjoyable sides of watching and exposing. Surveillance in fact has many playful and game-like functions, which have not yet been addressed in their full extent. In this article, the vocabulary of play and game is used in order to uncover these game-like functions or surveillance practices. Five distinct game metaphors are presented: (1) cat-and-mouse, (2) hide-and-seek, (3) labyrinth, (4) sleight-of-hand and (5) poker. These metaphors reveal connections between enjoyment and control. Their implications are discussed both in urban settings and in virtual surroundings. In this article it is argued that faking, tricking and camouflaging have become persistent elements of urban and virtual cultures. There is no single authority watching, nor single context of surveillance and/or play. Rather, there are multiple players with variable motives. Examining the game elements of surveillance facilitates a broader understanding of how this practice moves beyond power and discipline. It also shows how surveillance and games are more intertwined than might have previously been recognized.     

基于决策树选择模型的物联网隐私信息保护策略研究

结合决策树分析模型和用户新技术采纳行为研究方法,通过情景模拟和现场培训,采用方便样本抽样调查,让被调查者对物联网背景下的个人隐私信息保护的5个策略:销毁标签、用户模式、机器模式、企业自律、法律限制进行选择,并分析了策略间的关系。结果表明,尽管了解到保留RFID标签能够带来很多益处,被调查者依然不相信自动的复杂信息保护方式,而是宁愿销毁标签。为此,建立良好的诚信机制和增加对消费者隐私信息保护的透明度是消除消费者心理障碍的重要措施。     

夫妻间知情权与隐私权的冲突与平衡

夫妻间知情权与隐私权的冲突是权利冲突在现实生活中的突出表现之一,其产生的根本原因在于权利的涉它性以及权利边界的模糊性,同时我国隐私权与知情权立法的缺失增加了两权利冲突发生的可能性。因此,平衡夫妻间知情权与隐私权冲突可从完善立法、明确权利边界和个案利益衡量等角度进行尝试。     

Japanese Homes Inside Out

ABSTRACT

In studies about the Euro-American home, the creation of domestic boundaries is commonly associated with the need for privacy grounded in the supposed opposition between “private” and “public,” “individual” and “society.” The large number of physical barriers such as gates, fences, balconies, and barred windows that screen contemporary Japanese dwellings from the outside world might, therefore, lead one to conclude that the Japanese home is of an extremely private nature. Through an ethnographic investigation conducted over a one-year period in thirty homes in the Kansai region (Osaka, Kobe, Kyoto, Nara), this article will challenge this view. It argues, firstly, that the specificity of Japanese notions of “inside” and “outside,” referring to close and distant networks of spatial and social relationships, need to be acknowledged, and, secondly, that boundaries between spaces are always fluid and constantly transgressed. More generally, this study also aims to demonstrate the strengths of anthropological research that examines how spaces are actually lived in, as opposed to studies that focus on visual and spatial divisions and tend to gloss over the complexity of every day social life.     

从隐私权的特点论新闻侵权的抗辩事由

保障公民的私权利是民法学关注的重要领域。但过于向私权利倾斜,不保护正当的舆论监督和舆论评议,势必会侵害言论自由这种准公权利。如何实现二者的均衡,既满足社会发展需求,又不致违背法理,需要从权利特点进行分析。本文从隐私权的两大基本特征“隐”、“私”入手,论述了新闻侵权的重要抗辩事由“公开原则”和“公共利益原则”。     

Situating Privacy Online

Media and research reports point to the issue of privacy as the key to understanding online behaviour and experience. Yet it is well recognized within privacy-advocacy circles that 'privacy' is a loose concept encompassing a variety of meanings. In this article we view privacy as mediating between individuals and their online activities, not standing above them, and as being constantly redefined in actual practice. It is necessary to examine, therefore, what individuals are reacting to when asked about online privacy and how it affects their online experience. This article is based on data generated in the Everyday Internet study, a neighbourhood- based, ethnographic project being conducted in Toronto, Canada, that investigates how people integrate online services in their daily lives. We propose that there are three organizing 'moments' of online privacy: the moment of sitting in front of the computer, the moment of interaction with it, and the moment after the data has been released.     

论网络隐私

电脑的普及，网络的空前发展使虚拟空间的范围越来越广，人们与虚拟空间的联系越来越密切。但虚拟空间中的网络隐私权时常受到侵害却得不到有效保护，问题就在于缺乏对网络隐私权的系统研究。文章拟就网络隐私权的含义、特点作出具体界定，从侵权现象入手，进而分析其成因，最后提出规制方案，以期抛砖引玉。     

Data protection legislation in the United Kingdom

This paper is primarily concerned with development of data protection legislation in the United Kingdom from the late 1960s through to the enactment of the 1984 Data Protection Act. Following a series of private members' bills calling for varying degrees of privacy legislation, the UK government commissioned two significant reports in the 1970s. The first, the Younger Report on Privacy (1972), established 10 principles for the handling of personal data that were to influence data protection statutes in Europe. The Lindop Report on Data Protection (1978) examined public- and private-sector computer systems, recommending a flexible legislative environment - with a set of broad principles guiding a data protection authority in its development of codes of practice aimed at various sectors of the economy. The far-reaching nature of those recommendations can now be appreciated in the work of the modern Information Commissioner's Office, 25 years after the publication of the Lindop Report. However, the momentum created by the two studies faded during the period 1979-82. Labour and Conservative governments respectively consulted further and objected to additional bureaucracy involved in creating a data protection authority. During this period of entropy, unpublished memoranda and correspondence demonstrated how former members of the Lindop Committee maintained the pressure on government, ensuring that their work was not forgotten. Eventually, overseas legislation and the need for the UK to maintain its position at the 'crossroads of the information highway' ensured that the UK, albeit grudgingly, enacted a Data Protection Act in 1984. By that time, the UK had lost the lead in defining data protection law and policy established by the Reports of Younger and Lindop. In highlighting findings from the Committees and efforts by dedicated individuals in lobbying successive governments in the late 1970s and early 1980s, the authors demonstrate the importance of preserving historical memory.     

未成年人隐私权的特点及保护

未成年人的隐私权,既具有臆私权的一般特点,又具有其自身的特点.未成年人隐私权易遭侵犯,既有现行法律规定不完善及未成年人自身的原因,也与传统的教育权同隐私权对立有关.要加强对未成年人隐私权的保护,应完善未成年人隐私权方面的立法,同时加强对未成年人、监护人及学校的法律教育.     

名誉权与隐私权比较

名誉权、隐私权均为自然人专属享有的人格权利、精神权利,二者既有联系又有区别.长期以来,我国关于隐私权的理论研究较为薄弱,法律对隐私权没有明确界定,而是通过名誉权对隐私权进行间接保护,与现代信息社会的文明要求不相适应.从理论上对名誉权与隐私权进行比较和阐释,有利于丰富我国的人格权理论研究,有利于加强和完善我国隐私权的法律保护.