Spectacles of intimacy? Mapping the moral landscape of teenage social media

This paper explores young people's expressed concerns about privacy in the context of a highly mediated cultural environment, mapping social media practices against axes of visibility and participation. Drawing on interdisciplinary conceptual resources from both the humanities and social sciences, we use ‘spectacles of intimacy’ to conceptualise breaches of privacy, mapping an emergent moral landscape for young people that moves beyond concerns with e-safety to engage with the production and circulation of audiences and value. The paper draws on data from a methodological innovation project using multi-media and mixed methods to capture lived temporalities for children and young people. We present a model that captures a moral landscape shaped by emotional concerns about social media, the affordances of those media and affective discourses emerging from young people's use of the media.     

隐私权与知情权的冲突与协调

在现代社会中,权利与权利的冲突是一种较为普遍的现象.隐私权和知情权便是一对相互冲突的权利,正所谓"你要隐私,我要知情".因此如何解决两者之间的冲突,是我们不得不面对的理论和实践问题.     

论网络隐私权的法律保护

计算机信息网络技术的发展使得网络空间的个人隐私权受到前所未有的严峻挑战 ,这种状况已经严重阻碍了电子商务和网络经济的进一步发展。强化对网络空间的个人数据和隐私权的法律保护 ,已成为国际社会网络立法的当务之急。本文借鉴先进法域的立法经验并结合我国当前现状 ,提出了网络隐私权保护的相关立法建议     

Adolescents,Online Marketing and Privacy: Predicting Adolescents’ Willingness to Disclose Personal Information for Marketing Purposes

The present study aims at exploring which factors predict the willingness of adolescents to disclose personal information in response to online marketing requests. Our analyses show that especially privacy concerns and perceived benefits explain a considerable portion of variance in both willingness to disclose profile data (e.g. age, hobbies, favourite products) and contact data (e.g. phone number, e‐mail address, home address). An interesting interrelationship was found between profile data and contact data disclosure. Contrary to our expectations, parental mediation strategies were only a weak predictor of teenagers’ willingness to disclose contact information. Policy implications that emerge from the central findings of this study are discussed.     

Blood,Sweat, and Tears: Navigating Creepy versus Cool in Wearable Biotech

ABSTRACT

This paper considers how personal data protections figure into the design process of wearable technology. The data question is becoming especially important in the face of recent innovations in biotechnology that capitalize on the new fungibility of biology and electronics, in which new biotech wearables capitalize on the ability to analyze and track changes in blood, sweat, and tears. Interviews and participant observation with wearable tech designers, data scientists, fashion tech entrepreneurs, and select experts in cybersecurity and intellectual property law, reveal a range of approaches to data protection in design within the culture where wearables are beginning to merge with biotech. While a few respondents were extremely vigilant about protecting consumer’s privacy, the majority felt that when consumers ‘opt in’ to data sharing, they should be cognizant of the risks. From their perspective, it is not necessarily the producer’s responsibility to protect user's personal data. These attitudes present a problematic logic, which leaves users vulnerable to data exploitation. The paper concludes by arguing that this laissez-faire culture is the environment in which wearable biotech is being developed and will be deployed. This emerging technology raises issues about bodies, data, and ownership in crucial need of analysis and critique to push its move into the mainstream toward more equitable and inclusive ends.     

The privacy paradox: how market privacy facilitates government surveillance

Although most surveillance studies scholars assume privacy is antithetical to surveillance, critics have recently warned that privacy-based criticisms may facilitate surveillance. That being said, we do not yet have data that show whether privacy claims were used in the past to legitimate government surveillance. This paper addresses that gap by analyzing claims made over one of the U.S.’s most controversial surveillance issues: government control over encryption technologies. A review of Congressional hearings and statements on the Congressional Record (n?=?112) reveals that from 1993 to 1999, public debates were dominated by a market liberalization discourse in which participants supported loosening encryption controls as a way to protect privacy from criminal intrusions in market transactions. Also playing a role was a strong skepticism toward government power and a preference for markets as managers of crime prevention. Challenged by these critiques, lawmakers withdrew regulatory proposals and spent the following decade working quietly with private firms to ensure law enforcement surveillance capability. These findings show the expansion of privacy for consumers and entrepreneurs has in fact been used to achieve the contraction of privacy from law enforcement and intelligence agencies.     

Framing human rights: exploring storytelling within internet companies

This article explores human rights storytelling within two of the dominant internet companies, Google and Facebook. Based on interview with company staff as well as analysis of publicly available statements, the article examines how human rights are framed, made sense of and translated into company norms, products, and governance structures. The paper argues that the companies’ framing in many respects resembles that of the United States’ online freedom agenda, celebrating the liberating power of the internet and perceiving human rights as primarily safeguards against repressive governments. The companies see freedom of expression as part of their DNA and do not perceive any contradiction between this standard and business practices that may impact negatively on users’ freedom of expression, such as terms of service enforcement. Likewise, there is no sense of conflict between the online business model and their users’ right to privacy.     

Rating the revolution: Silicon Valley in normative perspective

Silicon Valley, California – home of Apple, Facebook, Twitter, Google, and so on – is widely regarded as the epicentre of the information revolution. However, it is not just a technical or economic phenomenon; it has also made a social revolution. The article evaluates Silicon Valley from a normative perspective, seeking to identify its real societal impact, negative as well as positive. A select review of significant literature is followed by exposition of primary data, based on in situ face-to-face interviews with Valley occupants; these range from the chief technology officer of a global brand to a homeless, unemployed Vietnam War veteran. The article organises its findings under three headings: the nature of information revolution; iCapitalism as a new technoeconomic synthesis; and the normative crisis of the information society. It concludes with a warning about ongoing attempts to clone Silicon Valley around the world.     

论私密信息侵权归责原则的适用

《个人信息保护法》规定侵害私密信息致人损害适用过错推定原则,《民法典》将私密信息当作隐私权的保护对象,隐私侵权属于一般侵权行为,根据《民法典》适用的是过错原则。故个人信息权益与隐私权不可避免会发生重叠保护,亟待厘清。其中,因侵害私密信息构成侵权时,个人信息处理者的财产损害赔偿责任与精神损害赔偿责任适用过错推定原则;反之则适用过错原则,但为充分保护信息主体的合法权益,应降低信息主体对过错要件的证明标准。为了避免精神损害赔偿制度的滥用以及平衡信息主体与侵权主体之间的利益,应在对精神损害的“严重性”有所要求的同时降低对其认定的标准。     

自媒体环境下隐私信息的公开化及其治理

自媒体环境下隐私信息具有公开化的趋势,表现为隐私信息传播的去边缘化,隐私所有人成为主导者,隐私公开成常态。阴私、身份、财富和观念是公开化的主要隐私类型。传播隐私信息对抗伦理道德可以轻易引起社会关注和自媒体把关权弱化,传播自由度增大是隐私信息公开化的主要原因。隐私信息公开化过度放大了娱乐信息,导致严肃信息失语;强调了传播的自主性,忽略了对"他"者的影响。促进自媒体的发展和媒介生态的净化,需要媒介监管者对信息进行分级,自媒体经营者履行"把关权"职责并适当地引导用户,自媒体用户提高自身媒介素养。