Balancing privacy and free speech unwanted attention in the age of social media
In an age of smartphones, Facebook, and YouTube, privacy may seem to be a norm of the past. This book addresses ethical and legal questions thatarise when media technologies are used to give individuals unwanted attention. Drawing from a broad range of cases within the U.S., U.K., Australia,Europe,...
| Otros Autores: | |
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| Formato: | Libro electrónico |
| Idioma: | Inglés |
| Publicado: |
Abingdon, Oxon ; New York :
Taylor & Francis
2015
2015. |
| Edición: | 1 ed |
| Colección: | Routledge Research in Information Technology and E-Commerce Law
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| Materias: | |
| Ver en Biblioteca Universitat Ramon Llull: | https://discovery.url.edu/permalink/34CSUC_URL/1im36ta/alma991009867740206719 |
Tabla de Contenidos:
- Table of cases
- Acknowledgments
- 1. Introduction
- Unwanted attention
- The democratization of the media
- Permissible and impermissible speech
- Goals: Building a framework for addressing conflicts between privacy and free speech ; Formulating principles of privacy ethics ; Grounding privacy ; Reevaluating case law ; Distinguishing ethical and legal judgments
- The book's layout
- 2. The value of privacy
- Defining privacy
- Why privacy is valuable: Reputation ; Avoiding unjust punishment, and the "right to be forgotten" ; Property ; A lack of privacy is objectively harmful ; Intimacy, relational harms, and the need to compartmentalize ; No harm no foul? ; Trust ; Dignity and respect for persons ; Privacy, toleration, and community
- Summary
- 3. Legitimate privacy interests
- Terminology: legitimate privacy interests and reasonable expectations of privacy
- The plain view principle, modified
- Which means of observation are legitimate?
- the careful and carefree societies
- Qualifying the plain view principle: One may reasonably expect privacy when one's dignity is implicated ; One can have a legitimate privacy interest that information not be spread to circles wider than one willingly exposed oneself to ; Controlling the intended audience of one's message ; Clarifying what counts as "readily accessible through legitimate means" ; Consent
- Conclusion: privacy in public places
- 4. The value of free speech
- Reasons free speech is valuable
- Should interests in free speech be put on a balancing scale?: The E.U. vs the U.S.
- The slippery slope objection to protecting only some speech
- The speech that merits legal protection
- Do legal protections of free speech apply only to professional journalists?
- Deciding what is newsworthy: Substitutability (Finger and Kim Phuc) ; Non-newsworthy details of a newsworthy event (Y.G and L.G.) ; Newsworthy for a select group, non-newsworthy for the general public (Parnigoni)
- Conclusion
- 5. Balancing privacy and free speech: Utilitarianism, its limits, and tolerating the sensitive
- Introduction
- The framework: Interests and rights ; Balancing privacy against free speech (as opposed to public safety) ; The utilitarian approach ; Limits of a utilitarian approach
- Feasibility problems
- The respect and dignity problem
- Toleration and respect for persons
- Weighing reasons and considerations without making a utilitarian calculation
- 6. Cases
- Publicizing private facts: Private facts in private places (Rear Window, Lake v. Wal-Mart) ; Private facts that are newsworthy (Alvarado, Kaysen) ; Private facts in public places (Upskirt videos, Dennison, Turnbull)
- Cases at the border (Riley, Vazquez, and Wood)
- Publicizing public facts: Public facts that are not newsworthy (the baseball fan) ; Publicizing newsworthy public facts (Public meetings and lectures, police conduct, arrests)
- 7. Remedies
- Google Glass with face recognition
- Remedies: New social norms ; Legal remedies and their limits
- Other alternatives
- Technology and architecture
- Market solutions and their limits
- Conclusion.
