The role of information systems and technology in stimulating interest in privacy is discussed, with an emphasis on the move towards regarding privacy as an economic right. Current proposals are shown to derive from pragmatic, problem-driven analyses, rather than clear philosophical foundations: they are therefore inflexible and limited in scope, and advances in technology are likely to render them obsolete. The need for a clear philosophical basis for privacy as an economic rather than a social/human right is (...) therefore identified and the Hegelian concept of privacy is shown to provide such a basis. (shrink)

The Terri Schiavo case, the latest high-profile “right-to-die” case in the United States, whose denouement saturated the US mediasphere at the end of March 2005, is a particularly complex problem in the Deleuzean sense. Its solution, which took more than 15 years, actualized lines from legal, medical, biological, political … multiplicities. The ellipses indicate the impossibility of completely delimiting the forces at work in any case (the virtual as endless differentiation) just as it indicates the necessity of cutting through (...) them in making any one solution work (actualization as differenciation). Thus that actualization, a creative resolution of the problem, brought some aspects of the virtual into distinctness, while others faded into momentary obscurity.1 The elements functioning most intensely in the Schiavo case cut across the fields of right, medical discipline and biopower, hence at the intersection of sexuality and racism, as Foucault explains.2 The turn to a liberal notion of the right to privacy as the right to die is never simple, for we remain trapped at the intersection of discipline and biopower if we ground that right in sovereign rights of personal autonomy and bodily integrity. The challenge to a Deleuzean jurisprudence is to creatively transform that right to show its basis in de-personalization. In other words, only in an extraordinary, ethical, situation, living along the fault line.. (shrink)

Within the current global political context in Western democracies, one might argue that engaging in public discourse about matters of shared concern is not an inviting opportunity for citizens. Generally speaking, participation in public discourse is not something we seek out unless, perhaps, from behind the privacy of our electronic devices. What this might indicate, following an Arendtian insight, is that we currently have no sense of a shared world together. In other words, we have become alienated from (...) that which binds us together: a common world. The primacy of a horiztonal, political relation wherein we speak to one another and not at or against each other is in urgent need of articulation and, for this, we... (shrink)

In the last chapter of The Ethics of Liberty, Rothbard discusses his theory of strategy for liberty, and recommends tools such as education that libertarians can lean on to attain the highest political goal of freedom. Building on Rothbard’s shoulders, the main thesis of this paper is that an effective theory of strategy for liberty cannot dispense with privacy, which needs to be understood as a condition for the enjoyment of liberty and not as a right per se. (...) In the first section, the discussion is framed in the context of natural rights libertarianism. Then, a metaphysical taxonomy of property is provided, which articulates the functioning of property rights and privacy in the realm of the body and of the mind, in the realm of alienable goods and services, and in the realm of information. The third section deals with the war on privacy that is raging nowadays; not coincidentally, the ultimate enemy of this war is private property. The last part of the paper contends that Rothbard is correct in reducing privacy rights to property rights, but this doesn’t mean that privacy has no place in libertarian thought; on the contrary, privacy is one of the main conditions for the defense and preservation of property rights, and, in the case of information, property cannot even exist without it. If these theses are true, libertarians need to find a proper place for privacy in their theory of strategy for liberty. (shrink)

One of the most influential views in privacy scholarship is that privacy protects individual autonomy. On the early liberal view, the exercise of autonomy requires detachment from social and political life and privacy facilitates it. This view of privacy still informs current legal and political practice. As this view of privacy presupposes a tension between privacy and society, it is responsible for the underrating of privacy in legal and political practice. (...) Over the last decades, liberal reflection on autonomy has shifted from the early liberal understanding of autonomy as calling for detachment from social life to the idea of autonomy as socially embedded. This development has brought about a corresponding adjustment in the liberal concept of privacy: privacy has come to be seen as a social rather than merely an individual interest. The social turn in thinking about privacy has gone a long way to change the problematic image of privacy in legal and political practice. It has not gone far enough, however, to draw conclusions regarding the political relevance of privacy. I argue that we should understand autonomy as politically embedded. Revised along these lines, privacy has a political value: when we claim privacy, we do not make a claim to withdraw from political life, but rather make a claim to protect certain forms of political engagement. (shrink)

The 2010s were a golden age of information privacy research, but its policy accomplishments tell a mixed story. Despite significant progress on the development of privacy theory and compelling demonstrations of the need for privacy in practice, real achievements in privacy law and policy have been, at best, uneven. In this chapter, I outline three broad shifts in the way scholars (and, to some degree, advocates and policy makers) are approaching privacy and social media. First, (...) a change in emphasis from individual to structural approaches. Second, increasing attention to the political economy of privacy—especially the business models of information companies, such as social media platforms. And third, a deeper understanding of privacy’s role in a healthy digital public sphere. (shrink)

In this paper I discuss the political value of the right to privacy. The classical accounts of privacy do not differentiate between privacy as the right of a citizen against other citizens vs. the right to privacy as the right against the state or the government. I shall argue that this distinction should be made, since the new context of the privacy debate has surpassed the historical frames in which the intelligence methods used by (...) governments were comparable to those available to individuals. I also present cases in which political privacy serves as an instrument of protecting important collective agendas exceeding the context of personal privacy. I argue that due to its function, political privacy should be considered a necessary element of democratic governance with the rule of law, imposing legal bounds on governments’ discretionary actions. (shrink)

The Internet of Things (IoT) is, in part, an information handling system that can remove humans from the information handling process. The particular problem explored is how we are to understand privacy when considering informational systems that handle personal information in ways that impact people’s lives when there is no human operator in direct contact with that personal information. I argue that these new technologies need to take concepts like privacy into account, but also, that we ought also (...) to take these technologies into account to reconsider and perhaps reconceptualise privacy. This paper argues that while an inhuman system like the IoT does not necessarily violate the interpersonal privacy of people, if the IoT is used as part of a state surveillance program, a political notion of privacy may be violated. (shrink)

Since the outbreak of COVID-19, governments have turned their attention to digital contact tracing. In many countries, public debate has focused on the risks this technology poses to privacy, with advocates and experts sounding alarm bells about surveillance and mission creep reminiscent of the post 9/11 era. Yet, when Apple and Google launched their contact tracing API in April 2020, some of the world’s leading privacy experts applauded this initiative for its privacy-preserving technical specifications. In an interesting (...) twist, the tech giants came to be portrayed as greater champions of privacy than some democratic governments. This article proposes to view the Apple/Google API in terms of a broader phenomenon whereby tech corporations are encroaching into ever new spheres of social life. From this perspective, the advantage these actors have accrued in the sphere of the production of digital goods provides them with access to the spheres of health and medicine, and more worrisome, to the sphere of politics. These sphere transgressions raise numerous risks that are not captured by the focus on privacy harms. Namely, a crowding out of essential spherical expertise, new dependencies on corporate actors for the delivery of essential, public goods, the shaping of public policy by non-representative, private actors and ultimately, the accumulation of decision-making power across multiple spheres. While privacy is certainly an important value, its centrality in the debate on digital contact tracing may blind us to these broader societal harms and unwittingly pave the way for ever more sphere transgressions. (shrink)

Traditional arguments for privacy in public suggest that intentionally public activities, such as political speech, do not deserve privacy protection. In this article, I develop a new argument for the view that surveillance of intentionally public activities should be limited to protect the specific good that this context provides, namely democratic legitimacy. Combining insights from Helen Nissenbaum’s contextualism and Jürgen Habermas’s theory of the public sphere, I argue that strategic surveillance of the public sphere can undermine the (...) capacity of citizens to freely deliberate in public and therefore conflicts with democratic self-determination. (shrink)

Selected by the Economist as one of the best books of 2020. -/- Privacy Is Power argues that people should protect their personal data because privacy is a kind of power. If we give too much of our data to corporations, the wealthy will rule. If we give too much personal data to governments, we risk sliding into authoritarianism. For democracy to be strong, the bulk of power needs to be with the citizenry, and whoever has the data (...) will have the power. Privacy, I argue, is not a personal preference; it is a political concern. I also argue that personal data is a toxic asset, and should be regulated as if it were a toxic substance, similar to asbestos. I call for a complete ban to the trade in personal data. The book is at once philosophical and political, and extremely practical and accessible. It discusses liberal democracy, equality, justice, and autonomy. It includes a chapter for policymakers, and one that addresses what ordinary citizens can do to protect privacy. Finally, the book covers the tension between privacy and public health in the context of covid19. -/- . (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 personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people's freedom and equality provided by rights of political choice, association and expression, and can help (...) to make sure that these are, genuinely, democratic. 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, attention to 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)

The second-wave feminist critique of privacy defies the liberal opposition between the public-political and the private-personal. Feminist thinkers such as Hanisch, Young or Fraser note that, according to this liberal conception, public institutions often keep asymmetric power relations between private agents away from political discussion and action. The resulting subordination of some agents to others tends, therefore, to be naturalised and redefined as a «personal problem». Drawing on these contributions, this article reviews the social and political (...) implications of big data exploitation and questions whether personal data protection must remain a matter of «privacy self-management». It aims to show that feminist political theory can decidedly help to identify and tackle the root causes of what I call «data domination».La crítica feminista de segunda ola a la privacidad desafía la oposición liberal entre lo público-político y lo privado-personal. Pensadoras feministas como Hanisch, Young o Fraser señalan que, de acuerdo con esta concepción liberal, las instituciones públicas a menudo dejan fuera de la discusión y la acción política las relaciones de poder asimétricas entre agentes privados. La resultante subordinación de unos agentes a otros tiende, por tanto, a ser naturalizada y redefinida como un «problema personal». Basándose en estas contribuciones, este artículo revisa las implicaciones sociales y políticas de la explotación de datos masivos y cuestiona si la protección de los datos personales debe continuar siendo una cuestión de «auto-gestión de la privacidad». Su objetivo es mostrar que la teoría política feminista puede ayudar decididamente a identificar y enfrentar las causas de lo que llamo «dominación a través de los datos». (shrink)

This article offers a theological ethics of surveillance in its form as social sorting. The skill of visibility is deployed as an analytical device to critique the saliency of privacy rights-talk, given the focus of surveillance having shifted from a panoptic gaze to actionable intelligence. The claim is made that an ideology of normativity and the political categories of ‘evil’ and ‘risky’ persons can be addressed by the notions of relational knowledge, the resurrection of the non-person and the (...) power of the future. Three biblical vignettes illustrate visibility and offer imaginative responses. (shrink)

In ‘Listening to Music Together’, Nick Zangwill offers three arguments which aim to establish that listening to music can never be a joint activity. If any of these arguments were sound, then our experiences of music, qua object of aesthetic attention, would be essentially private. In this paper, I argue that Zangwill’s arguments are unsound and I develop an account of shared musical experience that defends three main conclusions. First, joint listening is not merely possible but a common feature of (...) our socially situated experiences of music. Second, when listening with others our experience of the music and our sense of community with our fellow listeners often reciprocally enhance one another. Third, how deeply and intimately we share a musical experience with others depends upon such factors as our respective backgrounds, interests, and levels of expertise. (shrink)

This article is part of a symposium on property-owning democracy. In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled to (...) form families, as well as personal associations which reflect their tastes as well as their beliefs and interests. He seems also to have assumed that people are entitled to seclude themselves, as well as to associate with others, and to keep some of their beliefs, knowledge, feelings and ideas to themselves, rather than having to share them with others. So, thinking of privacy as an amalgam of claims to seclusion, solitude, anonymity and intimate association, we can say that Rawls appears to include at least some forms of privacy in his account of the liberties protected by the first principle of justice. -/- However, Rawls did not say very much about how he understands people’s claims to privacy, or how those claims relate to his ideas about property-ownership. This is unfortunate, because two familiar objections to privacy seem particularly pertinent to his conception of the basic liberties. The first was articulated with customary panache by Judith Thomson, in a famous article on the moral right to privacy, in which she argued that talk of a moral right to privacy is confused and confusing, because privacy rights are really just property rights in disguise. The second objection has long been a staple of leftist politics, and is that the association of privacy with private property means that privacy rights are just a mask for coercive and exploitative relationships, and therefore at odds with democratic freedom, equality and solidarity. If the first objection implies that Rawls is wrong to think that protection for privacy can be distinguished from protection of personal property, the second objection implies that Rawls cannot hope to protect privacy without thereby committing himself to the grossest forms of capitalist inequality. -/- In this paper I will not discuss Rawls’ views of property-owning democracy. However, by clarifying the relationship between claims to privacy and claims to property-ownership, I hope to illuminate some of the conceptual, moral and political issues raised by Rawls’ ideas, and by work on the concept of a property-owning democracy, which he inspired. As we will see, privacy-based justifications of private ownership are not always unappealing, and privacy is sometimes promoted, rather than threatened, by collective ownership. The conclusion draws out the significance of these claims for the idea of a property-owning democracy. (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 personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people's freedom and equality provided by rights of political choice, association and expression, and can help (...) to make sure that these are, genuinely, democratic. 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, attention to 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)

Children’s digital playgrounds have evolved from commercialized digital spaces such as websites and games to include an array of convergent digital media consisting of social media platforms, mobile apps, and the internet of toys. In these digital spaces, children’s data is shared with companies for analytics, personalization, and advertising. This article describes children’s digital playgrounds as a data assemblage involving commercial surveillance of children, ages 3–12. The privacy sweep is used as a method to follow the personal information traces (...) that can be expected to be disclosed through typical use of two children’s digital playgrounds: the YouTube Kids app and Fisher-Price Smart Toy plush animal and companion app. To trace the data flows, privacy policies and other publicly available documents were analyzed using political economy and privacy informed indicators. This article concludes by reflecting upon the dataveillance and commercialization practices that trouble the privacy rights of the child and parent when data assemblages in children’s digital playgrounds are surveillant. (shrink)

The demand for more transparency is hardly ever questioned. When it is, it is generally questioned in the name of a protection of privacy. In a traditional liberal understanding, there is a non-alienable “right to privacy” (Warren/Brandeis, 1890). Many political struggles, however, involved ignoring such boundaries, and making public things that were meant to remain private (domestic violence, gender oppression, child abuse etc.). While holding that the distinction between private and public is necessary, it must remain mobile (...) and subject to renegotiation. Civil inattention highlights the importance of disregarding: disregarding what others we share the same public space with do, as long as it is not of public relevance; and disregarding such rules of privacy if a violation of basic human rights is taking place, in order to make such behaviour public. In some cases, disregard and ignorance can thus be a moral virtue. (shrink)

Purpose – Ubiquitous computing and “big data” have been widely recognized as requiring new concepts of privacy and new mechanisms to protect it. While improved concepts of privacy have been suggested, the paper aims to argue that people acting in full conformity to those privacy norms still can infringe the privacy of others in the context of ubiquitous computing and “big data”. Design/methodology/approach – New threats to privacy are described. Helen Nissenbaum's concept of “privacy (...) as contextual integrity” is reviewed concerning its capability to grasp these problems. The argument is based on the assumption that the technologies work, persons are fully informed and capable of deciding according to advanced privacy considerations. Findings – Big data and ubiquitous computing enable privacy threats for persons whose data are only indirectly involved and even for persons about whom no data have been collected and processed. Those new problems are intrinsic to the functionality of these new technologies and need to be addressed on a social and political level. Furthermore, a concept of data minimization in terms of the quality of the data is proposed. Originality/value – The use of personal data as a threat to the privacy of others is established. This new perspective is used to reassess and recontextualize Helen Nissenbaum's concept of privacy. Data minimization in terms of quality of data is proposed as a new concept. (shrink)

WikiLeaks is among the most controversial institutions of the last decade, and this essay contributes to an understanding of WikiLeaks by revealing the philosophical paradigm at the foundation of Julian Assange’s worldview: cypherpunk ethics. The cypherpunk movement emerged in the early-1990s, advocating the widespread use of strong cryptography as the best means for defending individual privacy and resisting authoritarian governments in the digital age. For the cypherpunks, censorship and surveillance were the twin evils of the computer age, but they (...) viewed encryption as a means to circumvent both. As a cypherpunk, Assange advocates for the use of cryptography in the fight for individual privacy as well as the fight for global justice. His cosmopolitan disposition is informed by his hacker background, antiwar principles, and Enlightenment outlook. This essay places Assange’s philosophical idea in historical context, exploring his views on censorship, surveillance, and the right to communicate. It also connects his cypherpunk principles to WikiLeaks, showing that the strategy of encouraging data leaks from powerful political and economic organizations is classic cypherpunk political praxis. (shrink)

Carol Pateman has said that the public/private distinction is what feminism is all about. I tend to be sceptical about categorical pronouncements of this sort, but this book is a work of feminist political philosophy and the public/private distinction is what it is all about. It is motivated by the belief that we lack a philosophical conception of privacy suitable for a democracy; that feminism has exposed this lack; and that by combining feminist analysis with recent developments in (...) political philosophy, we can meet the philosophical and political need for a distinctively democratic conception of privacy. This book then, is an effort to sketch and defend such a conception of privacy. It aims to show that while some conceptions of privacy are inconsistent with democracy, others are not. Indeed, the book asserts, the belief that privacy can be valuable and that it can justify basic legal rights, is implicit in a democratic conception of persons as free and equal beings, and a democratic conception of politics as the self-governing, or regulating, activity of such individuals. Just as we can and should reject undemocratic conceptions of the suffrage in favour of democratic ones, so the book maintains, we can and must reject undemocratic conceptions of privacy in favour of ones that reflect the moral equality of men and women, and a commitment to democratic forms of government. Democracy is often described as government by and for the people. On such a view, democracy is a political regime which can be contrasted with monarchies or aristocracies on the one hand, or with theocracies and despotisms on the other. By contrast with the former, it is a form of government that views individuals as citizens and as equal members of the agency which authorizes the use of political power. By contrast with the latter, it is a form of government whose purposes and aims are established by the common interests of individuals, conceived as free and equal citizens. It is my contention that there is a plausible and attractive conception of privacy implicit in this view of democracy. Hence, I show that individuals have fundamental interests in privacy because privacy enables them to participate in politics freely and as the equal of others and, beyond that, to lead lives that they can each affirm to be reasonable, valuable and right. As I think that the ideal of democratic government is properly associated with this latter and broader goal, as well as with the former one, I call my account of privacy a democratic conception of privacy to signal its connection to a particular ideal of politics, and to the conception of persons that makes this ideal a convincing and inspiring one. As this is a work of political philosophy, however, no effort is made to address the legal merits of competing accounts of the right to privacy, or to resolve legal dispute about the content and justification of particular constitutional rights in the United States. Thus, while I use Supreme Court decisions and works of legal theory to illustrate and support my arguments, my use of these materials is governed by philosophical concerns and my conclusions, therefore, are strictly of a philosophical, not a legal, nature. The book is divided into four chapters, moving from feminist criticisms of privacy to an engagement with the philosophical literature on privacy and an account of the right to privacy in a democratic society. It proceeds as follows. In Chapter 1, I examine feminist concerns about privacy, through a close reading of the work of Catherine MacKinnon. I argue that MacKinnon persuasively shows that protection for privacy has frequently licensed the coercion and subjection of women, and that her arguments are supported both by feminist scholarship, key Supreme Court decisions, and by familiar conceptions of privacy and equality. However, I argue, these criticisms do not imply that privacy, like slavery, can never be democratic, because wholly inconsistent with the equality of individuals. Rather, feminist criticisms of privacy suggest that privacy, like the suffrage, can be necessary to the equality of women and can have a legitimate and important place in a democratic society. In Chapter 2, I examine the philosophical literature on privacy in light of the need to distinguish democratic from undemocratic accounts of its nature and value. This literature, I show, can help us to provide an account of privacy that is sensitive both to its inegalitarian aspects and to its importance for a democratic commitment to the freedom and equality of women. However, I argue, we cannot embrace current philosophical accounts of privacy uncritically, because to a striking extent they are, themselves, indifferent to the ways that privacy has licensed sexual inequality. Thus, in Chapter 2, I set about interpreting privacy as a moral and political value, in light of the strengths and weaknesses of the philosophical literature on privacy. Their strength is that they show that there are many reasons for caring about privacy, or many ways in which we might define it as a democratic value. Their weakness is that they tend to assume that we must choose amongst these different conceptions of privacy, in order to provide a philosophically cogent account of privacy. This, I show, is a mistake and one that can be remedied by remembering that a commitment to the equality of individuals requires us to acknowledge the reasonable differences in value and interest that may characterize their relations in a democracy. When we do so, I show, it is possible to define privacy in terms of its protection for self-definition, intimacy and confidentiality, without having to choose between the three of them. For individuals may legitimately disagree about the differences between privacy and other values, even while holding that privacy is a distinctive and important democratic good; and they may also disagree about the importance of privacy compared to other goods, such as equality, without denying that self-definition, intimacy and confidentiality can be morally and politically desirable in a democracy. In Chapter 2, therefore, I show that we can provide a philosophically adequate account of what privacy is and why it is valuable without supposing that privacy is always sexually egalitarian, or denying that it has a distinctive place in a democratic conception of value. Chapter 3 then extends this account of privacy, by considering the justification for a legal right to privacy. Just as we cannot provide a democratic conception of privacy without attending to the different, though equally valid, concerns that individuals may have so, I show, we cannot provide a democratic account of privacy rights if we forget that individuals can, quite reasonably, differ in the importance that they attach to privacy. The result, I argue, is that we can distinguish two main reasons for protecting privacy by right in a democracy, the one personal and the other political. Whereas the former emphasizes the importance of self-definition, intimacy and confidentiality to the personal freedom and equality of individuals, the latter emphasizes their importance to their prospects for voluntary and equal participation in the processes of collective choice and deliberation that define a democratic government. These two justifications of privacy rights reflect the fact that in a democracy the personal can be political, as feminists have insisted, but need not be in order to merit protection by right. Indeed, I argue, we can distinguish democratic from undemocratic accounts of the right to privacy in this way: for whilst the former acknowledge the variety of individuals’ interests in personal and collective choice, the latter either collapse the political into the personal, or assume that the legitimate claims of individuals are merely a function of collective needs, interests and values. Neither of these is consistent with familiar assumptions about the nature and justification of democratic institutions and rights, nor can they be reconciled with a commitment to sexual equality. Thus, I conclude, though the fact that there are different justifications for privacy rights in a democracy means that individuals may legitimately disagree over the content and justification of basic rights, it is wrong to confuse democratic debate with moral or conceptual confusion and so, arbitrarily, to truncate our accounts of privacy, equality and democracy. Finally, in Chapter 4, I test and develop these claims by examining the justification for abortion rights in a democracy. I argue that women have legitimate interests in abortion, as well as in bearing children, because they have fundamental, and legitimate, interests in privacy and equality. Although safe and legal abortion is necessary to sexual equality, as feminists claim, I show that we can provide a convincing and democratic account of women’s claims to abortion only if we recognize women’s interests in self-definition, intimacy and confidentiality. This is because women have both personal and political interests in abortion and we will be unable adequately to identify these if we overlook their interests in privacy. Indeed, I show, the difference between democratic and undemocratic solutions to conflict over abortion lies precisely in this: that whereas the former acknowledge the importance of privacy to the personal and political equality of women, the latter overlook or deny this. As a result, the latter license both mandated abortions, although women have legitimate interests in bearing and raising children, and prohibitions on abortion that cannot be reconciled with the freedom and equality of women. That is not to say that abortion is not a politically significant matter, or that we can resolve moral conflict over abortion simply by giving women a legal right to abortion. Neither is the case. However, the chapter shows, in a democracy individuals are entitled to make morally and politically controversial decisions for themselves not simply because this is expedient or useful, but because this is right. To overlook this feature of democracy, I argue, is to make moral and political conflict utterly intractable by democratic means. Thus, while controversy over abortion has been held to show that privacy is an incoherent and undemocratic right, this chapter argues that it shows the reverse: for controversy over abortion makes clear that privacy is essential to democracy, and why this should be so. This overview of the book, I hope, makes clear that its concerns are methodological as well as substantive, and moral as well as political. Thus, its central methodological claim is that we cannot reconcile privacy with the equality of individuals unless we make a deliberate effort to do so. Its central moral and political claims are that privacy is compatible with the equality of individuals, and sufficiently important to the latter that, in a democracy, the privacy of individuals merits legal protection by right. However, this summary of the book also exposes its limitations. Chief amongst these, I fear, is that it provides no sustained discussion of the place of property on a democratic conception of privacy, and that the latter, itself, is rather a broad preliminary sketch than a polished and detailed portrait. I regard these limits on the scope and arguments of the book as limitations, albeit ones that I hope to be able to remedy before too long.However, limited though the book clearly is, I believe that it lays out the essential components of a democratic conception of privacy and that, by analysing and synthesizing several diverse bodies of literature, it may help those who are interested in the relations between privacy, equality and democracy. (shrink)

In this paper, I present the beginnings of a resemblance theory of representation. I start by surveying the contemporary philosophical debate surrounding musical representation and reveal that its main interlocutors share a conception of artistic representation as a mode of meaningful communication. I then show how conceiving of artistic representation in this way severely limits music’s possibilities as a medium for representation. Next, I propose an alternative conception of representation that, despite its widespread acceptance outside of the philosophy of art, (...) has been largely denigrated within it: namely, that representation fundamentally depends on structural resemblance. Finally, I demonstrate how conceiving of artistic representation as grounded upon structural resemblances, rather than as a mode of meaningful communication, provides us with a more accurate picture of both (a) how music represents and (b) how we perceive and appreciate musical representations. (shrink)

Many philosophers of music, especially within the analytic tradition, are essentialists with respect to musical experience. That is, they view their goal as that of isolating the essential set of features constitutive of the experience of music, qua music. Toward this end, they eliminate every element that would appear to be unnecessary for one to experience music as such. In doing so, they limit their analysis to the experience of a silent, motionless individual who listens with rapt attention to the (...) sounds produced by either musicians a on stage, a stereo, or a portable device. This approach is illustrated in recent work by Nick Zangwill. Drawing on essentialist assumptions, Zangwill concludes that properly musical experience is effectively disembodied and radically private. While this seems plausible when we consider the essentialists’ paradigm case, Zangwill’s conclusion seems odd once we consider the wide variety of ways that people experience music. One’s body and social situation seem ineluctably enmeshed within the experience of, e.g., hot jazz played in a nightclub, where listeners bob their heads and dance to the music, cheer on the musicians, and socialize with their fellow concertgoers. The question this paper aims to answer is: should we consider this and similar experiences of music properly “musical”? I maintain that we should. Far from the world of pure music that Zangwill and others relegate properly musical experience, I conclude that our musical experiences are fully enmeshed within the somatic, affective, and interpersonal dimensions of human life. (shrink)

This book explores the Janus-faced features of privacy, and looks at their implications for the control of personal information, for sexual and reproductive freedom, and for democratic politics. It asks what, if anything, is wrong with asking women to get licenses in order to have children, given that pregnancy and childbirth can seriously damage your health. It considers whether employers should be able to monitor the friendships and financial affairs of employees, and whether we are entitled to know whenever (...) someone rich, famous or powerful has cancer, or an adulterous affair. It considers whether we are entitled to privacy in public and, if so, what this might mean for the use of CCTV cameras, the treatment of the homeless and the provision of public facilities such as parks, libraries and lavatories. Above all, the book seeks to understand whether and, if so, why privacy is valuable in a democratic society, and what implications privacy has for the ways we see and treat each other. The ideas about privacy we have inherited from the past are marked by beliefs about what is desirable, realistic and possible which predate democratic government and, in some cases, predate constitutional government as well. Hence, this book argues, although privacy is an important democratic value, we can only realise that value if we use democratic ideas about the freedom, equality, security and rights of individuals to guide our understanding of privacy. (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)

This article concerns the nature and limits of individuals’ rights to privacy over information that they have made public. For some, even suggesting that an individual can have a right to privacy over such information may seem paradoxical. First, one has no right to privacy over information that was never private to begin with. Second, insofar as one makes once-private information public – whether intentionally or unintentionally – one waives one’s right to privacy to that information. (...) In this article, however, we suggest the moral situation is more complicated than this. Rather, we argue that there is a class of public information – namely, once-private information that individuals have made public unintentionally – which remains within the scope of an individuals’ right to privacy, even when it has passed into the public domain. Significantly, this class includes any information rights-holders were unaware could be inferred from information they have made public and which they would not otherwise have wanted to be in the public domain. As we show, as well as clarifying several everyday dilemmas with regards to individuals’ privacy rights, this finding has elucidates a number of problems in the ethics of Big Data. (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)

This dissertation defends the place of representation in music. Music’s status as a representational art has been hotly debated since the War of the Romantics, which pitted the Weimar progressives (Liszt, Wagner, &co.) against the Leipzig conservatives (the Schumanns, Brahms, &co.) in an intellectual struggle for what each side took to be the very future of music as an art. I side with the progressives, and argue that music can be and often is a representational medium. Correspondence (or resemblance) theories (...) of representation, such as the one I offer, have been much maligned in philosophy since the 1960s. Most theories assimilate representation under “meaning,” which has usually been thought to belong primarily to language. As a result, representational content has been taken to be purely conventional in the way that sentential meaning is. People want to know what music “means,” and these theories interpret this as “what does it refer to?” or “what propositions does it express?” I argue that propositional communication is only one (small) part of the issue. Once we overcome the bias of conceiving of musical works as essentially linguistic items, speech acts (performed) or sentence tokens (written), we can begin to take music on its own terms to discover how it represents—one way in which it “means.” The first step is to “naturalize” music’s representational content. Influenced by recent discussions in the philosophies of mind and science, I argue in Chapter 1 that composers represent extra-musical objects, events, and states of affairs through their works by exploiting antecedent relations (such as similarities in pitch, timbre, and structure) in order to secure reference to them. In Chapter 2, I survey and respond to the main challenges that those skeptical of music’s representational possibilities would raise against my theory of musical representation. In Chapter 3, I explore a number of ways through which music has been claimed to represent in order to show how my theory accounts for these diverse phenomena better than its conventionalist rivals, both in terms of the metaphysics and the epistemology. Chapter 4 extends this discussion by offering an account of how we perceive, understand, appreciate, and interpret sophisticated musical representations. I conclude by teasing out some of my theory’s implications and suggesting areas for further research. (shrink)

The concept of privacy as a basic human right which has to be protected by law is a recently adopted concept in Thailand, as the protection of human rights was only legally recognized by the National Human Rights Act in 1999. Moreover, along with other drafted legislation on computer crime, the law on privacy protection has not yet been enacted. The political reform and the influences of globalization have speeded up the process of westernization of the urban, (...) educated middle-class professionals. However, the strength of traditional Thai culture means that a mass awareness of the concept of privacy rights remains scarce. This paper explicates the Thai cultural perspective on privacy and discusses the influence of Buddhism on privacy rights, including the impacts of globalization and the influence of Western values on the country’s political and legal developments. The paper also discusses the legal provisions regarding privacy protection, and the debates on the smart ID cards policy and SIM cards registration for national security. (shrink)

José Ortega y Gasset not only expressed his views on subjects such as art or mass culture but he was also one of the promoters and founders of a United Europe which he considered a cultural unity. However, his view on the proper functioning of multicultural societies was as skeptical as his attitude towards the possibility of constructing an unified world that could be based on cultural coexistence of the Western World societies.

In this paper, I explore the ways in which human bodies, payback, and comestibility become inescapably entangled in cultures in which honor is the prevailing virtue. Shakespeare was deeply sensitive to the social and psychological processes through which these concepts become entwined when honor is at stake—to the ways in which, as a means of corrective response, men who transgress a code of honor can be rightly reduced to their bodies, similar to how those who are not allowed to be (...) full participants in an honor culture (most particularly women) always already are. I begin by examining Shakespeare’s earliest depictions of honor cultures in Titus Andronicus and The Rape of Lucrece, and then briefly discusses how the ideas they trade in are further developed and complicated later in his career, focusing specifically on Othello. -/- . (shrink)

This paper explores, through empirical research, how values, engineering practices, and technological design decisions shape one another in the development of privacy technologies. We propose the concept of “privacy worlds” to explore the values and design practices of the engineers of one of the world’s most notable privacy technologies: the Tor network. By following Tor’s design and development we show a privacy world emerging—one centered on a construction of privacy understood through the topology of structural (...) power in the Internet backbone. This central “cipher” discourse renders privacy as a problem that can be “solved” through engineering, allowing the translation and representation of different groups of imagined users, adversaries, and technical aspects of the Internet in the language of the system. It also stabilizes a “flattened,” neutralized conception of privacy, risking stripping it of its political and cultural depth. We argue for an enriched empirical focus on design practices in privacy technologies, both as sites where values and material power are shaped, and as a place where the various worlds that will go on to cluster around them—of users, maintainers, and others—are imagined and reconciled. (shrink)

Privacy is one of our most essential values, but popular understanding of it lags far behind the heat the concept generates. It's easy to understand why. The concept itself has shifted in U.S. law from autonomy, to property, to confidentiality. Further, with a host of cultural differences as to how privacy is understood globally and in different religions, and with nonstop technological advancements, its significance is continually evolving. Leslie P. and John G. Francis draw upon their extensive expertise (...) in law, philosophy, political science, regulatory policy, and bioethics to parse privacy's meaning in the modern age. This book will inform, appease, and alert readers to what is at stake when privacy is breached. (shrink)

Some rights are so important for human autonomy and well-being that many scholars insist they should not be waived, traded, or abandoned. Privacy is a recent addition to this list. At the other end of the spectrum is the belief that privacy is a mere unimportant interest or preference. This paper defends a middle path between viewing privacy as an inalienable, non-waivable, non-transferrable right and the view of privacy as a mere subjective interest. First, an account (...) of privacy is offered that clarifies the concept and demonstrates how privacy is directly related to human health and well-being. Second, along with considering and rejecting several accounts for why privacy might be considered an inalienable right, an argument is offered for why it is morally permissible to waive, transfer, abandon, or alienate privacy. (shrink)

Civil liberty and privacy advocates have criticized the USA PATRIOT Act (Act) on numerous grounds since it was passed in the wake of the World Trade Center attacks in 2001. Two of the primary targets of those criticisms are the Act’s sneak-and-peek search provision, which allows law enforcement agents to conduct searches without informing the search’s subjects, and the business records provision, which allows agents to secretly subpoena a variety of information – most notoriously, library borrowing records. Without attending (...) to all of the ways that critics claim the Act burdens privacy, I examine whether those two controversial parts of the Act, the section 213 sneak-and-peak search and the section 215 business records gag-rule provisions, burden privacy as critics charge. I begin by describing the two provisions. Next, I explain why those provisions don’t burden privacy on standard philosophical accounts. Moreover, I argue that they need not conflict with the justifications for people’s claims to privacy, nor do they undermine the value of privacy on the standard accounts. However, rather than simply concluding that the sections don’t burden privacy, I argue that those provisions are problematic on the grounds that they undermine the value of whatever rights to privacy people have. Specifically, I argue that it is important to distinguish rights themselves from the value that those rights have to the rights-holders, and that an essential element of privacy rights having value is that privacy right-holders be able to tell the extent to which they actually have privacy. This element, which is justified by the right-holders’ autonomy interests, is harmed by the two provisions. (shrink)

This book attacks the assumption found in moral philosophy that social control as such is an intellectually and morally destructive force. It replaces this view with a richer and deeper perspective on the nature of social character aimed at showing how social freedom cannot mean immunity from social pressure. The author demonstrates how our competence as rational and social agents depends on a constructive adaptation of social control mechanisms. Our facility at achieving our goals is enhanced, rather than undermined, by (...) social control. The author then articulates sources, contracts, and degrees of legitimate social control in different social and historical settings. Drawing on a wide range of material in moral and political philosophy, law, cognitive and social psychology, anthropology and literature, Professor Schoeman shows how the aim of moral philosophy ought to be to understand our social character, not to establish fortifications against it in the name of rationality and autonomy. (shrink)

Disputes at the intersection of national security, surveillance, civil liberties, and transparency are nothing new, but they have become a particularly prominent part of public discourse in the years since the attacks on the World Trade Center in September 2001. This is in part due to the dramatic nature of those attacks, in part based on significant legal developments after the attacks (classifying persons as “enemy combatants” outside the scope of traditional Geneva protections, legal memos by White House counsel providing (...) rationale for torture, the USA Patriot Act), and in part because of the rapid development of communications and computing technologies that enable both greater connectivity among people and the greater ability to collect information about those connections. -/- One important way in which these questions intersect is in the controversy surrounding bulk collection of telephone metadata by the U.S. National Security Agency. The bulk metadata program (the “metadata program” or “program”) involved court orders under section 215 of the USA Patriot Act requiring telecommunications companies to provide records about all calls the companies handled and the creation of database that the NSA could search. The program was revealed to the general public in June 2013 as part of the large document leak by Edward Snowden, a former contractor for the NSA. -/- A fair amount has been written about section 215 and the bulk metadata program. Much of the commentary has focused on three discrete issues. First is whether the program is legal; that is, does the program comport with the language of the statute and is it consistent with Fourth Amendment protections against unreasonable searches and seizures? Second is whether the program infringes privacy rights; that is, does bulk metadata collection diminish individual privacy in a way that rises to the level that it infringes persons’ rights to privacy? Third is whether the secrecy of the program is inconsistent with democratic accountability. After all, people in the general public only became aware of the metadata program via the Snowden leaks; absent those leaks, there would have not likely been the sort of political backlash and investigation necessary to provide some kind of accountability. -/- In this chapter I argue that we need to look at these not as discrete questions, but as intersecting ones. The metadata program is not simply a legal problem (though it is one); it is not simply a privacy problem (though it is one); and it is not simply a secrecy problem (though it is one). Instead, the importance of the metadata program is the way in which these problems intersect and reinforce one another. Specifically, I will argue that the intersection of the questions undermines the value of rights, and that this is a deeper and more far-reaching moral problem than each of the component questions. (shrink)

Elections are generally considered the only way to create a democratic legislature where direct democracy is not an option. However, in recent years that assumption has been challenged by individuals who claim that lotteries are a democratic way of selecting people for office, elections are aristocratic or oligarchic, not democratic, and that elections as we know them are inadequate if true democracy is prioritized. In opposition to this wave, my paper argues that the assertions made to support the democratic merits (...) of lotteries are unpersuasive. Current evidence that sortition is either more egalitarian or produces epistemically better results than elections is poor. Instead, these assertions illuminate the importance of elections in enabling the constituents of a democracy to reconcile the personal and political dimensions of their lives and, therefore, better reflect citizens’ claims to privacy and equality. The paper begins by recapping the main arguments for treating sortition as a democratic way to select a legislature, outlines their deficiencies, and then turns to what these perceived failings actually suggest about the democratic value of elections. (shrink)

In this article I consider how our experiences of bodily privacy are changing in the contemporary surveillance society. I use biometric technologies as a lens for tracking the changing relationships between the body and privacy. Adopting a broader genealogical perspective, I retrace the role of the body in the constitution of the modern liberal political subject. I consider two different understandings of the subject, the Foucauldian political subject, and the Lacanian psychoanalytic subject. The psychoanalytic perspective serves (...) to appraise the importance of hiding for the subject effects of excessive exposure to the Other’s gaze. I conclude to the importance of the subject’s being able to hide, even when it has nothing to hide. By considering these two facets of subjectivity, political and psychic, I hope to make sense of our enduring and deeply political passionate attachment to privacy. (shrink)

Throughout the 20th century, market capitalism was defended on parallel grounds. First, it promotes freedom by enabling individuals to exploit their own property and labor-power; second, it facilitates an efficient allocation and use of resources. Recently, however, both defenses have begun to unravel—as capitalism has moved into its “platform” phase. Today, the pursuit of allocative efficiency, bolstered by pervasive data surveillance, often undermines individual freedom rather than promoting it. And more fundamentally, the very idea that markets are necessary to achieve (...) allocative efficiency has come under strain. Even supposing, for argument’s sake, that the claim was true in the early 20th century when von Mises and Hayek pioneered it, advances in computing have rekindled the old “socialist calculation” debate. And this time around, markets—as information technology—are unlikely to have the upper hand. -/- All of this, we argue, raises an important set of governance questions regarding the political economy of the future. We focus on two: How much should our economic system prioritize freedom, and to what extent should it rely on markets? The arc of platform capitalism bends, increasingly, toward a system that neither prioritizes freedom nor relies on markets. And the dominant critical response, exemplified by Shoshana Zuboff’s work, has been to call for a restoration of market capitalism. Longer term, however, we believe it would be more productive to think about how “postmarket” economic arrangements might promote freedom—or better yet, autonomy—even more effectively than markets, and to determine the practical steps necessary to realize that possibility. (shrink)

This chapter contains sections titled: Focus: The United States Theorizing about Privacy Meaning and Definition Questions of Value Conclusion References.

PurposeThere are a lot of discussions about privacy in relation to contemporary communication systems (such as Facebook and other “social media” platforms), but discussions about privacy on the internet in most cases misses a profound understanding of the notion of privacy and where this notion is coming from. The purpose of this paper is to challenge the liberal notion of privacy and explore foundations of an alternative privacy conception.Design/methodology/approachA typology of privacy definitions is elaborated (...) based on Giddens' theory of structuration. The concept of privacy fetishism that is based on critical political economy is introduced. Limits of the liberal concept of privacy are discussed. This discussion is connected to the theories of Marx, Arendt and Habermas. Some foundations of an alternative privacy concept are outlined.FindingsThe notion of privacy fetishism is introduced for criticizing naturalistic accounts of privacy. Marx and Engels have advanced four elements of the critique of the liberal privacy concept that were partly taken up by Arendt and Habermas: privacy as atomism that advances; possessive individualism that harms the public good; legitimizes and reproduces the capitalist class structure; and capitalist patriarchy.Research limitations/implicationsGiven the criticisms advanced in this paper, the need for an alternative, socialist privacy concept is ascertained and it is argued that privacy rights should be differentiated according to the position individuals occupy in the power structure, so that surveillance makes transparent wealth and income gaps and company's profits and privacy protects workers and consumers from capitalist domination.Originality/valueThe paper contributes to the establishment of a concept of privacy that is grounded in critical political economy. Owing to the liberal bias of the privacy concept, the theorization of privacy has thus far been largely ignored in critical political economy. The paper contributes to illuminating this blind spot. (shrink)

Throughout the longstanding debate on privacy, the concept has been framed in various ways. Most often it has been discussed as an area within which individuals rightfully may expect to be left alone and in terms of certain data that they should be entitled to control. The sphere in which individuals should be granted freedom from intrusion has typically been equated with the indisputably private domestic sphere. Privacy claims in the semi-public area of work have not been sufficiently (...) investigated. In this article, the case is made that employees have reasonable expectations on privacy at work. Firstly, in a descriptive analysis, employees’ need for workspace privacy is spelt out. Secondly, a normative analysis explicates the reasons why privacy should be protected. The main thrust is to provide a more inclusive privacy concept and hence, a more adequate basis for privacy protection legislation and codes in the area of work. Contrary to prevailing workplace privacy protection, employees’ need for local privacy should be accommodated as well as informational privacy. (shrink)

Comparative political theory is at best an embryonic and marginalized endeavor. As practiced in most Western universities, the study of political theory generally involves a rehearsal of the canon of Western political thought from Plato to Marx. Only rarely are practitioners of political thought willing (and professionally encouraged) to transgress the canon and thereby the cultural boundaries of North America and Europe in the direction of genuine comparative investigation. Border Crossings presents an effort to remedy this (...) situation, fully launching a new era in political theory. Thirteen scholars from around the world examine the various political traditions of West, South, and East Asia and engage in a reflective cross-cultural discussion that belies the assumptions of an Asian "essence" and of an unbridgeable gulf between West and non-West. The denial of essential differences does not, however, amount to an endorsement of essential sameness. As viewed and as practiced by contributors to this ground-breaking volume, comparative political theorizing must steer a course between uniformity and radical separation--this is the path of "border crossings.". (shrink)