When government officials can look you in the eye and invoke the Federal Freedom of Information Act, they know full well that they have donned a cloak of invisibility. They are saying, in effect, "You can't touch me," and they are calculating that you will get the message and go away. Worse yet, they are putting a premium on "access" journalism—they are elevating the importance of access, of authorized leaks, of journalists currying favor with the right government officials to (...) get information and to get information quickly, when they are on deadline and they need answers. Simply put, if journalists cannot rely on being able to go to source documents in a reasonably fast way, they are in a terribly weakened position when it comes to actually dealing day-in and day-out with high government officials. (shrink)

Research data produced in both universities and the NHS are subject to the Freedom of Information Act 2000. This article examines the practical and ethical implications of freedom of information for research data, arguing that increased openness is both here to stay and is ethically justifiable. Researchers need to learn how best to cope with this.

The basic hypothesis tested in the article is that the existence of Freedom of Information legislation in a state enhances utilization of evaluation research. The investigation of this research question leads to a tentative rejection of this hypothesis. Factors such as weak Freedom of Information Acts, unsympathetic implementation, and the lack of useful and timely information in agency-sponsored evaluations may discourage legislatures from actively using Freedom of Information provisions to obtain such studies.

The beginnings of the practical implementation of the right on access to public documents, also known as the freedom of information in Kosova date fifteen years back from now, when the first law on access to public documents was adopted. The freedom of information was attained with difficulties by journalists in relation with public institutions until two years ago. This was because of the oversight body of this law’s implementation was a coordinating office within Prime Minister’s Office, without (...) a specific binding mechanism to public institutions, whilst the Ombudsperson served as a second instance, also without an executive mandate to empower achievement of this right. The content of this paper’s body entails, among others, aims to highlight the degree of difficulty journalists faced to provide information in the absence of an appellant authority in the country during a ten years’ period, which is the subject matter of this writing. Notwithstanding difficulties to freely access public documents, provided by law to be open for the public, as well as the people’s lost trust for public institutions in this regard, since 2019 when the oversight mission of the Law on Access to Public Documents was entrusted to the Information and Privacy Agency, the general perception began to change positively. The current situation in terms of the respect for the freedom of information may be considered to be relatively satisfactory, because public institutions are made aware of the existence of the oversight authority, which acts as an appellate authority for citizens. (shrink)

Freedom of information requests are increasingly used in sociology, criminology and other social science disciplines to examine government practices and processes. University ethical review boards in Canada have not typically subjected researchers’ FOI requests to independent review, although this may be changing in the United Kingdom and Australia, reflective of what Haggerty calls ‘ethics creep’. Here we present four arguments for why FOI requests in the social sciences should not be subject to formal ethical review by ERBs. These four (...) arguments are: existing, rigorous bureaucratic vetting; double jeopardy; infringement of citizenship rights; and unsuitable ethics paradigm. In the discussion, we reflect on the implications of our analysis for literature on ethical review and qualitative research, and for literature on FOI and government transparency. (shrink)

BackgroundThe Freedom of Information Act (FOIA) provides access to unreleased government records that can be used to enhance the transparency and integrity of biomedical research. We characterized FOIA requests to Department of Health and Human Services (HHS) agencies, including request outcomes, processing times, backlogs, and costs.MethodsUsing HHS FOIA annual reports, we extracted data on the number of FOIA requests received and processed by HHS agencies between 2008 and 2017, as well as request outcomes. Processing times were reported in three (...) time increments, < 1–20, 21–60, or 61+ days, and trends in backlog status were also described. Information about costs and fees collected were aggregated.ResultsBetween 2008 and 2017, 69.6% of 530,094 HHS FOIA requests were received by the Centers for Medicare and Medicaid Services (CMS), 18.9% by the Food and Drug Administration (FDA), and 11.6% by all other HHS agencies. During this period, CMS processed 374,728 requests, FDA 114,938, and other HHS agencies 61,890. CMS and FDA reduced backlogged requests by 9396 (89.7%) and 4289 (65.3%), respectively, leaving backlogs of 1081 and 2279 requests at the end of 2017. CMS fully or partially granted 60.3% of requests whereas FDA fully or partially granted 72.4%. Of all requests to CMS, 82.0% were considered simple and 18.0% complex; 82.2% of simple requests and 54.9% of complex requests were processed in 20 days, and 5.6% and 29.9% were processed in 61+ days. In contrast, 60.2% of requests to FDA were considered simple and 39.8% complex; 28.8% of simple requests and 9.0% of complex requests were processed in 20 days, and 58.3% and 81.5% were processed in 61+ days. The costs to HHS associated with FOIA requests totaled $446.4 million ($809 per processed request), increasing from $28.1 million ($423 per request) in 2008 to $53.3 million ($1544 per request) in 2017. In total, HHS collected $8.5 million in fees (1.9% of total costs).ConclusionsFOIA is frequently used to obtain information about HHS and its agencies. With growing costs, minimal fees collected, and lengthy processing times, HHS agencies’ FOIA programs might be made more efficient through greater proactive record disclosure. (shrink)

Domestic and sexual violence research has traditionally been associated with feminist qualitative methodology; however, quantitative methods are increasingly used by feminists in research examining the prevalence of and issues related to rape and sexual assault, either as standalone methods or in combination with other, qualitative methods (i.e. mixed methods). Freedom of Information (FOI) requests are a data collection tool that allow citizens to obtain data held by public authorities in the UK and are particularly useful for uncovering information on (...) marginalised groups who may be difficult to recruit in qualitative research. Whilst they are frequently used by journalists, their potential is yet to be fully realised by social researchers. This paper reflects on the use of Freedom of Information requests in a mixed-method feminist study exploring sexual violence against people aged 60 years and over. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind the (...) Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

This paper suggests the democratic direction in which the right of freedom of expression should be conceived and applied. In the first two sections it suggests some counter-examples to, and diagnoses of, the libertarian and liberal conceptions of freedom of expression, taking Scanlon (1972) and Scanlon (1979), respectively, to be their chief proponents. The paper suggests that these conceptions cannot take into account clear examples, like fraudulent propaganda, which should not be legal. The democratic conception takes it to (...) heart that the pillars upon which the right of freedom of expression is founded are individual and collective autonomy, the right to know facts of public interest and information necessary for effective democratic control of government. The paper suggests that in a time when private powers seriously threaten these pillars, it is correct for the government to step in to provide the framework in which genuine discussion geared toward fulfilling the objectives of these pillars can take place. (shrink)

ABSTRACTControl over information is essential to business. This has become increasingly true in an era in which technological advances have enabled the rapid globalization of business. This article explores the implications of this control of information for freedom of speech and information. Four different situations are considered: censorship of the Internet by search engines albeit at the direction of a government; restrictions on Internet content by Internet Services Providers acting on their own; decisions by retail businesses not to sell (...) various DVDs, CDs, etc. to their customers; and legal suits brought against individuals and groups by businesses seeking to prevent the further spread of information they deem injurious to their products or activities. The paper seeks to sort out the various rights and values involved in these cases, when a business may be justifiably said to be violating individuals' rights to freedom of information, and when customers and citizens do not have justified complaints against business decisions not to provide them with certain information products. (shrink)

What makes political freedom valuable to us? Two well-known arguments are that freedom contributes to our desire satisfaction and to our personal responsibility. Here, Boudewijn de Bruin argues that freedom is valuable when it is accompanied by knowledge. He offers an original and systematic account of the relationship between freedom and knowledge and defends two original normative ideals of known freedom and acknowledged freedom. -/- By combining psychological perspectives on choice and philosophical views on (...) the value of knowledge, he shows how known freedom is crucial to satisfy our desires and assume responsibility. Known freedom is compromised when salespeople deploy consumer-obfuscation, or when news outlets use contextual framing techniques to steer the way their audiences process information. Conversely, carefully developed consumer protection and information disclosure regulation can foster known freedom. Acknowledged freedom, from ethical and economic perspectives, offers protection and makes our freedoms more stable. It embodies an ideal of mutual recognition that underlies informed consent and the ethics of communication, and can also contribute to a flourishing corporate culture. -/- This book integrates and extends cutting-edge research from philosophy, economics, psychology, and law to reorient debates on privacy, neuromarketing, sustainable finance, corporate culture, consumer protection, media violence, and freedom of speech. -/- An original account of the relation between freedom and knowledge, integrating cutting-edge research from philosophy, economics, psychology, and law; defends the ideals of known and acknowledged freedom; offers new perspectives on debates surrounding privacy, corporate culture, consumer protection, freedom of speech, and more -/- Introduction: Why Freedom is Not Enough 1:From Choice Overload to Discrimination: Arguments for Freedom 2:From Brainwashing to Neuromarketing: Freedom of Belief 3:From the Value of Knowledge to Skills and Stereotypes: The Individual Ideal of Known Freedom 4:From Common Knowledge to the Ethics of Communication: The Social Ideal of Acknowledged Freedom 5:Sustainable Finance and Responsible Investors 6:Ethics Management and Informed Stakeholders 7:Freedom of Speech and Consumer Autonomy 8:Liberal Privacy and Legal Protection Conclusion: How Freedom Can Be Sufficient . (shrink)

Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the effect that efforts to protect people’s privacy will threaten press freedom, promote self-censorship and prevent the press from fulfilling its vital function of informing the public and keeping a watchful eye on the activities and antics of the powerful.[Brown, 2009, 13 (...) January]1 Effective protections for privacy, from such a perspective, inevitably pose a threat to democratic government via the constraints that they place on the press. Such concerns with privacy must be taken seriously by anyone who cares about democratic government, and the freedom, equality and wellbeing of individuals. But if it is one thing to say that privacy and freedom of expression cannot always be fully protected, it is another to suppose that protections for the one must always come at the expense of the other. After all, the economics of contemporary politics and journalism would seem to be partly responsible for our difficulties in protecting personal privacy while sustaining robust and informative forms of public discourse. [Moore, 2010, 10 -141]2 Most newspapers are loss-making businesses and the need to reduce those losses and, if possible, to turn a profit, make investigative journalism an increasingly expensive proposition as compared to both “comment” and more or less elevated forms of gossip. At the same time, politics has increasingly become the prerogative of a narrow group of people with access to the large sums of money necessary successfully to compete for high office. In those circumstances, the need for critical scrutiny is as important as it is difficult. Revising our ideas about privacy and its protection cannot alone reduce the tensions between freedom of expression and personal privacy typical of our societies, necessary though such revision may be. Moreover, this paper can only touch on some aspects of the ways in which we need to rethink our interests in privacy, in order adequately to reflect people’s diverse interests in freedom of expression, and the important role of a free press to democratic government. Nonetheless, I hope to suggest ways of thinking about people’s claims to privacy which can be generalised fairly readily, and can help us to think constructively about the nature, causes and solutions to some important social and political problems, even if, in its nature, philosophical analysis rarely tells us what to do. More specifically, this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

Ethicists, regulators and researchers have struggled with the question of whether incidental findings in genomics studies should be disclosed to participants. In the ethical debate, a general consensus is that disclosed information should benefit participants. However, there is no agreement that genetic information will benefit participants, rather it may cause problems such as anxiety. One could get past this disagreement about disclosure of incidental findings by letting participants express their preferences in the consent form. We argue that this freedom (...) of choice is problematic. In transferring the decision to participants, it is assumed that participants will understand what they decide about and that they will express what they truly want. However, psychological findings about people's reaction to probabilities and risk have been shown to involve both cognitive and emotional challenges. People change their attitude to risk depending on what is at stake. Their mood affects judgments and choices, and they over- and underestimate probabilities depending on whether they are low or high. Moreover, different framing of the options can steer people to a specific choice. Although it seems attractive to let participants express their preferences to incidental findings in the consent form, it is uncertain if this choice enables people to express what they truly prefer. In order to better understand the participants' preferences, we argue that future empirical work needs to confront the participant with the complexity of the uncertainty and the trade-offs that are connected with the uncertain predictive value of genetic risk information. (shrink)

In the philosophy of liberalism, freedom of speech is one of the fundamental rights of the individual, one that is guaranteed by the constitution of a liberal democratic state. Contemporary Western democracies are based on the political culture in which human rights, including the right to free speech, play an important role. This right, however, can be violated by demagogic propaganda both in totalitarian regimes and in democracies. The propaganda mechanism, reaching into the sphere of community values and concepts, (...) presently operates also through the Internet, in which expressions of anger and hatred are disseminated and can lead to the destruction of democracy. I will argue that, in today’s world, restrictions on the freedom of speech through legal norms are necessary, because the threat comes not only in the form of censorship, but also the manipulation techniques used by politicians in democratic regimes. Advances in modern technology can be of service to dictatorship when the media and the Internet are used for propaganda or surveillance purposes, but they also provide a support to freedom and democracy when they serve as the means of the transmission of reliable information, initiating public discussions. As such, they establish a framework for rational debates and peaceful activities that contribute to the maintenance of the democratic political culture. The basic elements of this culture, i.e. legal rules, pluralist media, and education systems are all necessary for the defence of its core value, namely the freedom of speech. (shrink)

The constitutional right to self-expression, used by societies professing democratic values (Constitution, Article 25), is a highly important feature for forming the political will of the citizenry. A broad, multi-sided public discussion on all issues of public interest is only possible with the existence of an appropriate amount of freedom of information. A strong mechanism for disseminating information that operates between citizens and the parliament is able to generate a sphere for discussion and mutual influence which are essential for (...) indirect democracy. A discussion’s depth, quality and comprehensiveness constitute important factors which determine the correctness of choices made by citizens and politicians. Mainly, it is the free press which fosters communication between political parties and citizens. The role of the “watchdog” is fundamental to revealing the circumstances under which politicians or other public persons make different political and administrative decisions. This is what permits the identification of motives for rulings and the circumstances under which they were approved. (shrink)

The article presents the results of the analysis of international legal regulation of the protection of freedom of speech, the right to freedom of expression within the UN and the Council of Europe. A comparative analysis of the definition of the right to express views and beliefs in various international legal acts was made. The case law of the European Court of Human Rights in cases related to the exercise of the right to express one's views and beliefs (...) on the Internet was considered. The analysis of the legislation of foreign countries regulating the right to express views and beliefs online was carried out. The materials of the article are of practical value for scientists and practitioners dealing with the issues of legal regulation of freedom of speech, the right to express views and beliefs, for forecasting and planning scientific research, improving legislation, for higher education teachers in educational activities, as well as for all interested persons. (shrink)

This article turns to early modern and Enlightenment advocates of tolerance in order to discover and lay bare the line of argument that informed their commitment to free speech. This line of argument will subsequently be used to assess the shift from free speech to the contemporary ideal of free self-expression. In order to take this assessment one step further, this article will finally turn to Immanuel Kant’s famous defense of the public use of reason. In the wake of Katerina (...) Deligiorgi’s readings of Kant, it will show that the idea of free speech requires a specific disposition on behalf of speakers and writers that is in danger of being neglected in the contemporary prevailing conception of free speech as freedom of self-expression. (shrink)

Ethical concerns have been raised about routine practice in paediatric gender clinics. We discuss informed consent and the risk of iatrogenesis in the prescribing of gonadotropin-releasing hormone...

Freedom of speech has been essential in building democracy in Lithuania after regaining its independence. Exercise of the constitutional freedom of expression within the societies following constitutional values is the major factor shaping the political will of citizens. Wide-ranging, all round public discussion about all public interest issues is possible only when it is subject to due freedom of information. In indirect democracy, strong disseminator of information acting between citizens and the Parliament able to create the field (...) for discussion and mutual impact is a necessity. Significance, quality, all-roundedness of discussion on all public interest issues is the major factor determining correct choices of citizens and politicians. Restriction of freedom of expression and information or prohibition of free search, receipt and dissemination thereof shall be considered as subjugation of a human being as a free and autonomous creature. Freedom of speech is a highly important feature in building democracy. The media in Lithuania during two decades of democracy building has actively made the use of freedom of self-expression. The courts have solved a lot of case-laws, where freedom of speech, honour, dignity and private life were at stake. The Parliament, the Constitutional Court, the European Court of Human Rights in Strasburg, the Government, the Inspector of Journalist Ethics and the Commission on Journalists and Publishers Ethics, the courts of Lithuania – all institutions took part in the process of defining freedom of speech and its limits in Lithuania during two decades of its independence. The purpose of this publication is to identify if the case-law of Lithuania’s courts in balancing the contradictions between the freedom of self-expression and personal dignity, honour and private life is in line with the Convention for the Protection of Human Rights and Fundamental Freedoms, jurisprudence of the Human Rights Court in Strasbourg. Defining if the case-law of Lithuania’s courts are in line with the jurisprudence of the Human Rights Court in Strasbourg, the research is concentrated on legal tests applied in the case-law of freedom of speech – distinguishing between public and private figures, estimating disseminated information as facts or value-judgments, freedom of speech decriminalization problems, compensation in respect of pecuniary damage. (shrink)

The “free” in “free software” refers to a cluster of four specific freedoms identified by the Free Software Definition. The first freedom, termed “Freedom Zero,” intends to protect the right of the user to deploy software in whatever fashion, towards whatever end, he or she sees fit. But software may be used to achieve ethically questionable ends. This highlights a tension in the provision of software freedoms: while the definition explicitly forbids direct restrictions on users’ freedoms, it does (...) not address other means by which software may indirectly restrict freedoms. In particular, ethically-inflected debate has featured prominently in the discussion of restrictions on digital rights management and privacy-violating code in version 3 of the GPL (GPLv3). The discussion of this proposed language revealed the spectrum of ethical positions and valuations held by members of the free software community. In our analysis, we will provide arguments for upholding Freedom Zero; we embed the problem of possible uses of software in the broader context of the uses of scientific knowledge, and go on to argue that the provision of Freedom Zero mitigates against too great a moral burden—of anticipating possible uses of software—being placed on the programmer and that, most importantly, it facilitates deliberative discourse in the free software community. (shrink)

Cohen endorses the coercive taxation of the talented at a progressive rate for the sake of realizing equality. By contrast, he denies that it is legitimate for the state to engage in the 'Stalinist forcing' of people into one or another line of work in order to bring about a more egalitarian society. He rejects such occupational conscription on grounds of the invasiveness of the gathering and acting upon information regarding people's preferences for different types of work that would be (...) required to implement such a policy. More precisely, Cohen maintains that the presence versus the absence of such intrusion explains why such Stalinist forcing of the talented is unacceptable whereas the progressive taxation of their income is legitimate. I argue that Cohen's appeal to invasiveness does not adequately capture the moral repugnance of the state's conscripting people into work at a given occupation. I propose that a right to self-ownership, and that which explains such a right, provides a better explanation than Cohen's of why Stalinist forcing is objectionable, whereas progressive taxation is not. 1. (shrink)

The aim of this chapter is to examine how diversity benefits deliberation, information exchange and other socio‐epistemic practices associated with free speech. We separate five distinct dimensions of diversity, and discuss a variety of distinct mechanisms by which various forms of diversity may be thought to have epistemically valuable outcomes. We relate these results to the moral justification of free speech. Finally, we characterise a collective action problem concerning the compliance with truth‐conducive norms of deliberation, and suggest what may solve (...) this problem. (shrink)

This book presents the latest research on the challenges and solutions affecting the equilibrium between freedom of speech, freedom of information, information security, and the right to informational privacy. Given the complexity of the topics addressed, the book shows how old legal and ethical frameworks may need to be not only updated, but also supplemented and complemented by new conceptual solutions. Neither a conservative attitude (“more of the same”) nor a revolutionary zeal (“never seen before”) is likely to (...) lead to satisfactory solutions. Instead, more reflection and better conceptual design are needed, not least to harmonise different perspectives and legal frameworks internationally. The focus of the book is on how we may reconcile high levels of information security with robust degrees of informational privacy, also in connection with recent challenges presented by phenomena such as “big data” and security scandals, as well as new legislation initiatives, such as those concerning “the right to be forgotten” and the use of personal data in biomedical research. The book seeks to offer analyses and solutions of the new tensions, in order to build a fair, shareable, and sustainable balance in this vital area of human interactions. (shrink)

this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem (...) to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

Vilém Flusser was one of the most fascinating and original European thinkers of the late twentieth century. In this collection of his essays on emigration, nationalism, and information theory, he raises questions about the viability of ideas of national identity in a world whose borders are becoming increasingly arbitrary and permeable. Flusser argues that modern societies are in flux, with traditional linear and textual epistemologies being challenged by global circulatory networks and a growth in visual stimulation. Beyond globalization, Flusser's ideas (...) about communication and identity are rooted in the Judeo-Christian concept of self-determination and self-realization through recognition of the other. (shrink)

The consequences of restricting or not restricting the right to freedom of assembly are potentially magnified in transitional societies. Yet determining whether such consequences are indeed ‘harmful’, and whether their cost should be borne despite the harms caused, requires the elaboration of criteria which define what are valid and relevant harms. While a human rights framework can perform this task, open-textured rights standards prescribe neither the threshold of legal intervention nor the goals of transition. By extension, the rule of (...) law—underpinned by this rights discourse—is silent about whether liberal or communitarian ideals should inform the reconstruction of public space in conflicted or nascent democracies. Illustrated by analysis of legal interventions in parade disputes in Northern Ireland, this article argues that the rule of law is necessarily orientated by ethical consensus about its scope. Furthermore, this consensus operates as a restraint upon the degree of normative discontinuity permitted during transitional compromises. The article frames the ethical options in terms of three liberty-limiting principles—the argument from democracy, the argument for toleration, and the argument for recognition. Each suggests different parameters for the transitional project and for the role of law within it. (shrink)

A very common argument against restrictions on hate speech says that since such restrictions curtail freedom of speech, they cause more harm than they prevent. A no less common reply has it that the harms caused by hate speech are sufficiently great to justify legal restrictions on free speech. In ‘Freedom of Expression and Derogatory Words’, West questions a common assumption of both arguments concerning the use of slurs, i.e. that restricting the use of slurs necessarily curtails (...) class='Hi'>freedom of speech. According to West, everything that can be said with a slur can be said with its neutral counterpart. Given the psychological and social harms of slurs, this would give us a compelling reason to put legal restrictions on their use. However, in this article, I will argue that, according to the main theories of slurs, slurs can be used to express derogatory information which cannot be expressed by their neutral counterparts. This will leave us with two options when it comes to avoiding the negative effects of slurs: (i) to restrict freedom of speech or (ii) to argue that the derogatory information expressed by slurs is not covered by free speech. Both options will depart significantly from West's argument. (shrink)

Vilém Flusser was one of the most fascinating and original European thinkers of the late twentieth century. In this collection of his essays on emigration, nationalism, and information theory, he raises questions about the viability of ideas of national identity in a world whose borders are becoming increasingly arbitrary and permeable. Flusser argues that modern societies are in flux, with traditional linear and textual epistemologies being challenged by global circulatory networks and a growth in visual stimulation. Beyond globalization, Flusser's ideas (...) about communication and identity are rooted in the Judeo-Christian concept of self-determination and self-realization through recognition of the other. (shrink)

There is a long-standing interest in business ethics around the concept of free will, but study of its possible influence on consumer behavior is only in the nascent stage. This lack of research is particularly acute in certain consumption contexts, especially ones based on highly restricted access that appear to suggest abrogation of the will. In this paper, we offer a novel approach that involves reexamination of qualitative/ethnographic research that has chronicled consumption restrictions without consideration of potential implications for free (...) will. Using a new reanalysis method, we show that some of what is described as “vulnerability” using other theoretical paradigms is subsumed within this domain. Findings demonstrate that a complex relationship between free will and various consumption processes and outcomes exists that is acted out within and outside licit and illicit/formal and informal markets. These restrictions allow for a different vantage point to address free will and consumption, with implications for business ethicists and researchers interested in human quality treatment or human dignity-centered business frameworks. (shrink)

Information and Communication Technologies have profoundly changed many aspects of life, including the nature of entertainment, work, communication, education, healthcare, industrial production and business, social relations and conflicts. They have had a radical and widespread impact on our moral lives and hence on contemporary ethical debates. The Cambridge Handbook of Information and Computer Ethics, first published in 2010, provides an ambitious and authoritative introduction to the field, with discussions of a range of topics including privacy, ownership, freedom of speech, (...) responsibility, technological determinism, the digital divide, cyber warfare, and online pornography. It offers an accessible and thoughtful survey of the transformations brought about by ICTs and their implications for the future of human life and society, for the evaluation of behaviour, and for the evolution of moral values and rights. It will be a valuable book for all who are interested in the ethical aspects of the information society in which we live. (shrink)

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Given the rise of religious movements during the past decade, some have argued that the basic principles of liberal democracy such as separation of church and state and principle of the public use of reason are too restrictive and ought to be rethought. I would like to argue along a Habermasian line that the principle of secular justification ought not to result in a private/public split in religious citizens’ identity if they recognize and adopt an “institutional translation proviso”. This proviso (...) requires an epistemic ability on the part of religious citizens that enables them to translate their religious beliefs and insight into secular reasons when they pass beyond the informal public sphere into governmental institutions like courts and parliaments. Citizens can express and defend their claims in the public sphere in religious terms if they cannot find secular translation for them. However, this proposal requires a complementary change in the mentality of the secular citizens that recognizes the continued existence of religious communities in diverse liberal democracies. (shrink)

The paper presents, firstly, a brief review of the long history\nof information ethics beginning with the Greek concept of parrhesia\nor freedom of speech as analyzed by Michel Foucault. The recent concept\nof information ethics is related particularly to problems which arose\nin the last century with the development of computer technology and\nthe internet. A broader concept of information ethics as dealing\nwith the digital reconstruction of all possible phenomena leads to\nquestions relating to digital ontology. Following Heidegger{\textquoteright}s\nconception of the relation between ontology and (...) metaphysics, the\nauthor argues that ontology has to do with Being itself and not just\nwith the Being of beings which is the matter of metaphysics. The\nprimary aim of an ontological foundation of information ethics is\nto question the metaphysical ambitions of digital ontology understood\nas today{\textquoteright}s pervading understanding of Being. The\nauthor analyzes some challenges of digital technology, particularly\nwith regard to the moral status of digital agents. The author argues\nthat information ethics does not only deal with ethical questions\nrelating to the infosphere. This view is contrasted with arguments\npresented by Luciano Floridi on the foundation of information ethics\nas well as on the moral status of digital agents. It is argued that\na reductionist view of the human body as digital data overlooks the\nlimits of digital ontology and gives up one basis for ethical orientation.\nFinally issues related to the digital divide as well as to intercultural\naspects of information ethics are explored {\textendash} and long\nand short-term agendas for appropriate responses are presented. (shrink)

Despite being ‘one of the most notable leaders of the German Communist movement’, Ernst Meyer remains relatively unknown. Prior to the online publication of the author’s PhD dissertation – an extensive 666-page biography of Meyer – there existed beyond two short biographies – an informative political autobiography from Meyer’s wife Rosa Meyer-Leviné and an essay by Hermann Weber published in 1968 – and some recent texts from the author, no other publications dealing closely with his life and work. Of these, (...) only Meyer-Leviné’s biography has been published in English. Meyer played a major role in the left wing of the German labour movement, beginning in 1908 when he joined the German Social-Democratic Party until his death over twenty years later. A friend and collaborator of Rosa Luxemburg, he was also one of the founding and leading members of the International Group and its successor, the Spartacus League, in which the radical, anti-war wing of Social Democracy organised itself after the outbreak of World War i. He represented both of these groups as a delegate to the international conferences of anti-war socialists at Zimmerwald and Kienthal. Elected to the kpd’s Zentrale at the party’s founding conference, Meyer remained a member of the leadership almost continuously in the years to come, occupying various leading positions. He also represented the party at the Second and Fourth World-Congresses of the Communist International. (shrink)

Is there such a thing as information justice? In this paper, I argue that the current state of the information economy, particularly as it regards information and computing technology (ICT), is unjust, conferring power disproportionately on the information-wealthy at great expense to the information-poor. As ICT becomes the primary method for accessing and manipulating information, it ought to be treated as a foundational layer of the information economy. I argue that by maximizing the liberties (freedom to use, freedom (...) to distribute, freedom to modify, and so on) associated with certain computer software, an incentives-rich and stable environment can be established in ICT that will foster development of the information economy among the information poor. I suggest that the now-mature Free and Open Source Software paradigm, which has already produced widely-used enterprise-class applications, can be harnessed in support of these ends. (shrink)

This book addresses issues on the nexus of freedom of and property in information, while acknowledging that both hiding and exposing information may affect our privacy. It inquires into the physics, the technologies, the business models, the governmental strategies and last but not least the legal frameworks concerning access, organisation and control of information. It debates whether it is in the very nature of information to be either free or monopolized, or both. Analysing upcoming power structures, new types of (...) colonization and attempts to replace legal norms with techno-nudging, this book also presents the idea of an infra-ethics capable of pre-empting our pre-emption. It discusses the interrelations between open access, the hacker ethos, the personal data economy, and freedom of information, highlighting the ephemeral but pivotal role played by information in a data-driven society. This book is a must-read for those working on the contemporary dimensions of freedom of information, data protection, and intellectual property rights. (shrink)