In recent years the power and reach of prominent hacker groups such as Anonymous and LulzSec has been clearly demonstrated. However, in a world where hackers are able to wield significant online power, can they do so ethically as legitimate agents? To answer this question this paper will develop an ethical framework based on the premise that hackers have exhibited instances where they have acted to protect people from harm at a time when there was no one else to do (...) so. At its core this paper will argue that political hacking can be justified when it is done to protect the vital interests of oneself or others. Moreover, it will also argue that just because hackers are outside the state does not automatically discount them as ethical actors and that when the state fails to protect people – whether it is due to a lack of ability, political will or because the state is the source of the threat – hackers can fill the void. In order to achieve this, first it is necessary to highlight the space for hackers to operate; second, guide hacker activity by creating an ethical framework detailing what actions are justified towards what end; third, to offer mechanisms that can aid in reaching these ethically justified decisions; and as a result, inform further ethical debates on how to react to these political hackers. This means that the framework can be used to both justify and condemn hacking depending on the circumstances, allowing those on the outside to distil and evaluate a political hack, both past and present, while guiding hacker collectives by providing clearer ethical tools for determining the appropriate agendas and methods. (shrink)

Morality bears on what we should forget. Some aspects of our identity are meant to be forgotten and there is a distinctive harm that accompanies the permanence of some content about us, content that prompts a duty to forget. To make the case that forgetting is an integral part of our moral duties to others, the paper proceeds as follows. In §1, I make the case that forgetting is morally evaluable and I survey three kinds of forgetting: no-trace forgetting, archival (...) forgetting, and siloing. In §2, I turn to how we practice these forms of forgetting in our everyday lives and the goods these practices facilitate by drawing on examples ranging from the expunging of juvenile arrest records to the right to privacy. In §3, I turn to how my account can help us both recognize and address a heretofore neglected source of harm caused by technology and big data. In §4, I end by addressing the concern that we lack control over forgetting and thus can't be required to forget. I argue this challenge can be answered, but there’s a harder challenge that can’t. Forgetting is under threat. To address this challenge and preserve forgetting, we must change the world. (shrink)

PurposeThis study aims to explore the ethical and social issues of tattoo recognition technology and tattoo similarity detection technology, which are expected to be increasingly used by state and local police departments and law enforcement agencies.Design/methodology/approachThe paper investigates the new ethical concerns raised by tattoo-based biometrics on a comparative basis with face-recognition biometrics.FindingsTRT raises much more ethically sensitive issues than face recognition, because tattoos are meaningful biometric traits, and tattoo identification is tantamount to the identification of many more personal features (...) that normally would have remained invisible. TSDT’s assumption that classifying people in virtue of their visible features is useful to foretell their attitudes and behaviours is dangerously similar to racist thought.Practical implicationsThe findings hope to promote an active debate on the ethical and social aspects of tattoo-based biometrics before it is intensely implemented by law enforcement agencies.Social implicationsTattooed individuals – inasmuch as they are more controlled and monitored – are negatively discriminated in comparison to un-tattooed individuals. As tattooing is not uniformly distributed among population, many demographic groups like African–Americans will be overrepresented in tattoos databases used by TRT and TSDT, thus being affected by disproportionately higher risk to be found as a match for a given suspect.Originality/valueTRT and TSDT represent one of the new frontiers of biometrics. The ethical and social issues raised by TRT and TSDT are currently unexplored. (shrink)

The proliferation of biometric identification technology raises difficult issues in the matter of security, privacy and identity. Though biometric "images" are not images per se, they are both unique representations of an individual in themsevles and a means of access to other identifying information. I compare biometric imaging with other kinds of identifying representations and find that there are issues specific to biometric ID's. Because they represent information that is written into the body they are directly related to one's sense (...) of autonomy and self-esteem. Releasing biometric ID's into the public sphere therefore involves a tangible loss of control and privacy. This does not mean that to do so is never a reasonable act, but rather that it should be carefully weighed, and should never be mandatory in order to receive any fundamental rights or benefits. (shrink)

The article undertakes to develop a theory of privacy considered as a fundamental moral right. The authors remind that the conception of the right to privacy is silent on the prospect of protecting informational privacy on consequentialist grounds. However, laws that prevent efficient marketing practices, speedy medical attention, equitable distribution of social resources, and criminal activity could all be justified by appeal to informational privacy as a fundamental right. Finally, the authors show that in the specter of terrorism, privacy can (...) be conceived as a fundamental moral right, one that is completely consistent with the willingness to submit for surveillance of private lives. (shrink)

All societies have to balance privacy claims with other moral concerns. However, while some concern for privacy appears to be a common feature of social life, the definition, extent and moral justifications for privacy differ widely. Are there better and worse ways of conceptualising, justifying, and managing privacy? These are the questions that lie in the background of this thesis. -/- My particular concern is with the ethical issues around privacy that are tied to the rise of new information and (...) communication technologies (henceforth “ICT”). The focus here is on technologies involved in processing personal data in its broadest sense, including “any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.” The issue of moral concern is commonly designated as that of 'data privacy'. -/- The first step is to consider why privacy matters, or ought to matter, in the first place. And here we run into our first difficulty, since both the conceptualisation of privacy and the justification for the right to privacy are matters for contention. On the one hand, we are animated by a moral concern for privacy in some sense; on the other, we lack the conceptual and moral resources for making sense of this concern or for promoting particular social policies and criticising others. This often-cited dichotomy and its ensuing confusion have been the central motivation for most of the philosophical literature on privacy – including this thesis. -/- In what follows, I will suggest a way out of the confusion that pervades the current debate on data privacy. I will essentially argue two claims: one, that the concept of (data) privacy is uniquely characterised by a particular context within which we exchange information; two, that because (data) privacy constitutes an intrinsic value, its moral concerns and justifications ought to be deliberated as such. -/- The first chapter sketches the current data privacy landscape by introducing a number of concepts and arguing the unique nature of the landscape. I argue that the traditional distinction between four kinds of privacy (physical, mental, decisional and informational) is no longer accurate, given the technological context that reduces, unifies and processes all aspects of people’s lives by means of digital data. In fact, to hold on to the distinction leads to a fundamental misconception of data privacy. I further argue that today’s distinction between data protection and data privacy runs the risk of ignoring the fact that the former is an inherent aspect of the latter. These arguments allow me to settle on a (provisional) definition of data privacy: controlling how data about identifiable people is processed by ICT. -/- Next, I draw a line between descriptive and normative accounts of data privacy, and explain why this book belongs to the latter category. After a brief discussion of the coherence and distinctiveness theses, and of the difference between instrumental and intrinsic theories of privacy, I introduce the problem of data privacy as a distinct, coherent, and intrinsic moral concern. Three arguments support this position: one, data privacy is a coherent moral concern because it is motivated by a singular moral concept; two, data privacy is a distinct moral concern because the privacy challenges we face today are of a fundamentally new nature – distinct from any moral concerns we’ve faced in the past; and three, data privacy is an intrinsic moral concern that is predominantly justified, not by what it instrumentally protects us from, but by what it intrinsically constitutes. -/- Chapter Two makes the case against a harm-based, consequentialist approach to data privacy. After a brief introduction to the basic tenets of consequentialism I discuss harm-based arguments in favour as well as against privacy. I explain how privacy may protect us against psychological distress, but at the same time constitute the source of that distress; how privacy may be necessary for the proper functioning of democratic societies, but at the same time provide a cloak for anti-social and immoral behaviour; and how privacy protects us against the improper use of our personal data by others, but at the same enables us to conceal information or spread false information about ourselves in ways that are harmful to others. Next, I argue that consequentialism essentially relies on two flawed presumptions – that we know what harm is, and that we know how to predict it – and discuss the controversies surrounding definitions and predictions of harm. This argument becomes especially pertinent in today’s rapidly changing technological context: we may guess, and make assumptions, perhaps even find correlations, but don’t really know or understand (yet) with any degree of certainty the harmful consequences today’s data privacy violations are causing or will eventually cause – if any. -/- I illustrate this with examples of recent data privacy violations, and with a brief overview of consequentialist arguments for and against data privacy. Those who invoke consequentialist arguments against data privacy claim that personal data is nothing more than a raw material that can be turned into something useful and valuable without harming anyone. Choosing to move fast and break things – a popular mantra that promotes the benefits of technological “permissionless innovation” over and above its risks and costs – they draw our attention to the many benefits free data flows generate. Those who rely on consequentialist arguments in favour of data privacy, on the other hand, insist on actual and potential misuse of personal data. Rather careful than sorry, they draw our attention to the urgent need to take back control and protect ourselves against data privacy violations – precisely because we don’t know which harm they may cause in the future. Others go one step further and argue that these violations are part of a broader ideology of power. -/- What Chapter Two demonstrates is that vague definitions, unreliable predictions and inconclusive allegations of harm from both sides of the debate perpetuate a stalemate that fails to produce morally defensible answers to our growing data privacy concerns. Deliberating about data privacy from a consequentialist perspective is a dead end. -/- Chapter Three proposes an alternative to the harm-based approach, namely that privacy is an intrinsic value that deserves moral protection for its own sake. After a brief account of what I take values to be, and why we have a need to protect them, I introduce the foundational value of respect for persons, and lay out my main argument in two steps. The conceptual component of my argument returns to the definition of data privacy I had temporarily settled on in Chapter One, but now with the added consideration of the particular context, and particular circumstances and attitudes, within which information is exchanged. This addition is crucial, as it reveals the fundamental value that is at stake in our data privacy concerns, namely the inherent value of each and every person, which we protect by upholding an ethical principle commonly known as the principle of respect for persons. It is for this reason that the violation of privacy cannot (only) be expressed in terms of harm. I further argue that the principle of respect for persons is consistent with, and in fact unthinkable without, some degree of privacy. -/- I reply to potential challenges to a value-based approach to data privacy by showing that (i) values and value trade-offs are fundamentally different from consequential benefits and cost-benefit analyses; (ii) the suspension of one value in favour of another is not inherently contradictory; what matters is morally defensible deliberation about values and valid individual consent; (iii) data privacy concerns cannot be reduced to other moral concerns and therefore deserve a specific, distinct protection. -/- Finally, because this is a thesis in applied ethics, I attempt an answer to the question as to how we ought to apply a value-based approach to practical data privacy concerns. I argue that a revised, three-pronged version of John Rawls’ reflective equilibrium, founded on the non-negotiable principle of respect for persons, is the best possible procedure to deliberate data privacy concerns in relation to other moral values. (shrink)

This paper seeks to identify the distinctive moral wrong of stalking and argues that this wrong is serious enough to criminalize. We draw on psychological literature about stalking, distinguishing types of stalkers, their pathologies, and victims. The victimology is the basis for claims about what is wrong with stalking. Close attention to the experiences of victims often reveals an obsessive preoccupation with the stalker and what he will do next. The kind of harm this does is best understood in relation (...) to the value of privacy and conventionally protected zones of privacy. We compare anti-stalking laws in different jurisdictions, claiming that they all fail in some way to capture the distinctive privacy violation that stalking involves. Further reflection on the seriousness of the invasion of privacy it represents suggests that it is a deeply personal wrong. Indeed, it is usually more serious than obtrusive surveillance by states, precisely because it is more personal. Where state surveillance genuinely is as intrusive as stalking, it tends to adopt the tactics of the stalker, imposing its presence on the activist victim at every turn. Power dynamics —whether rooted in the power of the state or the violence of a stalker —may exacerbate violations of privacy, but the wrong is distinct from violence, threats of violence and other aggression. Nor is stalking a simple expression of a difference in power between stalker and victim, such as a difference due to gender. (shrink)

Many attempts to define privacy have been made since the publication of the seminal paper by Warren and Brandeis (Warren & Brandeis, 1890). Early definitions and theories of privacy had little to do with the concept of information and, when they did, only in an informal sense. With the advent of information technology, the question of a precise and universally acceptable definition of privacy became an urgent issue as legal and business problems regarding privacy started to accrue. In this paper, (...) we propose a definition of privacy that is simple, yet strongly tied with the concepts of information and property. We show that privacy thus defined is not only useful in the context of the infosphere, but can also be successfully applied in its more traditional role as the ‘right to be let alone’. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of solitude, intimacy and confidentiality and shows that, so described, people have legitimate interests in privacy. These interests are both personal and political, and provide the grounds for two different justifications of privacy rights. Though both are based on democratic concerns for the freedom and equality of individuals, these two justifications for privacy (...) can be distinguished because the one is principally concerned with protecting the personal freedom and equality of individuals, while the other is principally concerned with their political equivalents. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, interpreting the content and justification of privacy rights in light of the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

In this paper, I argue that morality might bear on belief in at least two conceptually distinct ways. The first is that morality might bear on belief by bearing on questions of justification. The claim that it does is the doctrine of moral encroachment. The second, is that morality might bear on belief given the central role belief plays in mediating and thereby constituting our relationships with one another. The claim that it does is the doctrine of doxastic wronging. Though (...) conceptually distinct, the two doctrines overlap in important ways. This paper provides clarification on the relationship between the two, providing reasons throughout that we should accept both. (shrink)

Experimental design is one aspect of a scientific method. A well-designed, properly conducted experiment aims to control variables in order to isolate and manipulate causal effects and thereby maximize internal validity, support causal inferences, and guarantee reliable results. Traditionally employed in the natural sciences, experimental design has become an important part of research in the social and behavioral sciences. Experimental methods are also endorsed as the most reliable guides to policy effectiveness. Through a discussion of some of the central concepts (...) associated with experimental design, including controlled variation and randomization, this chapter will provide a summary of key ethical issues that tend to arise in experimental contexts. In addition, by exploring assumptions about the nature of causation and by analyzing features of causal relationships, systems, and inferences in social contexts, this chapter will summarize the ways in which experimental design can undermine the integrity of not only social and behavioral research but policies implemented on the basis of such research. (shrink)

In this dissertation, I investigate the implications of libertarian morality in relation to the problem of climate change. This problem is explicated in the first chapter, where preliminary clarifications are also made. In the second chapter, I briefly explain the characteristics of libertarianism relevant to the subsequent study, including the central non-aggression principle. In chapter three, I examine whether our individual emissions of greenhouse gases, which together give rise to climate change, meet this principle. I do this based on the (...) assumption that we are the legitimate owners of the resources we use in those activities. In the fourth chapter, I question this assumption and scrutinize libertarianism’s restrictions on appropriations of climate-relevant resources, which leads me to distinguish between some different versions of the libertarian view. Toward the end of the chapter, I also examine libertarianism’s answer to the political question regarding how emission rights should be distributed. The fifth chapter investigates libertarianism’s verdicts for mere risks of infringement, as stemming from people’s emissions and acts of appropriations. In chapter six, I investigate the libertarian right to self-defense against both the effects of climate change and other people’s climate-relevant activities. In chapter seven, I discuss two intergenerational issues related to climate change: what libertarianism says concerning future generations and how libertarianism might deal with the problem of historical emissions. The eighth chapter explores the implications of libertarianism regarding collective moral wrongdoing in connection to climate change. In chapter nine, I take a look at the libertarian room for governmental responses for tackling climate change. The tenth and final chapter is a summary. The overall conclusion of the dissertation is that libertarianism recommends that we reduce our emissions and decrease our extraction of natural resources such as forests and fossil fuels. Furthermore, governments are permitted to undertake some quite substantial actions in order to fight the causes of climate change. I end with some bottom-up reflections on what these conclusions might say about the plausibility of libertarianism. I claim that although libertarianism after all manages to explain some of our moral intuitions regarding climate change, it is questionable whether libertarianism’s explanation is better than those offered by alternative moral theories. (shrink)

In the wake of high profile and recent events of blatant privacy violations, which also raise issues of democratic accountability as well as, at least potentially, undermining the legitimacy of current local and international governance arrangements, a rethinking of the justification of the right to privacy is proposed. In this paper, the case of the violation of the privacy of a bullied autistic youngster and the consequent prosecution of 3 Google executives will be discussed first. We will then analyse the (...) arguments made by both academic experts and pundits who agree with Google’s claim that if the first sentence had been left unchallenged, it would have opened the floodgates to several other jurisdictions that would as a consequence have used it as a pretext to increase control on the internet, jeopardising in such a way free speech, which has been seen so far as an inalienable right which should not be censored. Finally, by going beyond the sentences and their immediate contexts, we will propose a theoretical justification of our analysis. Our main claim is that the value of the right to privacy is based on the argument that its violation would undermine citizens’ capacity to participate effectively in democratic politics. (shrink)

Many attempts to define privacy have been made over the last century. Early definitions and theories of privacy had little to do with the concept of information and, when they did, only in an informal sense. With the advent of information technology, the question of a precise and universally acceptable definition of privacy in this new domain became an urgent issue as legal and business problems regarding privacy started to accrue. In this paper, I propose a definition of informational privacy (...) that is simple, yet strongly tied with the concepts of information and property. Privacy thus defined is similar to intellectual property and should receive commensurate legal protection. (shrink)