Can anyone be damaged by a creative work? Thoughts inspired by a judgement of the Spanish Constitutional Court"

Damages caused to fundamental rights like honor, privacy and self-image by the exercise of public freedoms of expression or information are very usual. More unusual are the damages to these rights as a result of the exercise of freedom or creation. We want to research about this problem. We want to exemplify with the case resolved by the Judgement of the Spanish Costitutional Court 5172008, April 14, the first about this problem in Spain.Universidad de Málaga. Campus de Excelencia Internacional Andalucía Tech. Universidad de Málaga (solicitaré bolsa de viaje

Young people and sexting in Australia: ethics, representation and the law

The Young People and Sexting in Australia report presents the findings of a qualitative study of young people’s understandings of, and responses to, current Australian laws, media and educational resources that address sexting. The project, led by Dr Kath Albury involved a review of both international local and academic research as well as popular media addressing sexting, and a review of educational resources for young people. Three focus groups were conducted with young people aged 16 and 17 in 2012, and a working paper based on those findings was then distributed to adult stakeholders in the fields of law enforcement, youth and children’s legal support, education, criminology, media and communications, youth work, youth health care, counseling and youth health promotion

‘If a picture paints a thousand words …’:the development of human identification techniques in forensic anthropology and their implications for human rights in the criminal process

Newly developed techniques in forensic anthropology offer great potential to assist in identifying, and ultimately convicting, perpetrators of serious sexual assaults, particularly those involving young children. They can also facilitate the prosecution of those who create and disseminate child pornography. They do, however, require that photographs be taken of suspects' hands, and sometimes their genitals. This article explores the human rights implications which arise from the intrusive procedures needed to obtain the photographs necessary for comparative purposes. It assesses police powers; the rights of suspects to privacy and bodily integrity; the privilege against compelled self-incrimination; and the right to legal advice, and addresses the question: what are the permissible limits of intrusive searches

Sharing, privacy and trust issues for photo collections

Digital libraries are quickly being adopted by the masses. Technological developments now allow community groups, clubs, and even ordinary individuals to create their own, publicly accessible collections. However, users may not be fully aware of the potential privacy implications of submitting their documents to a digital library, and may hold misconceptions of the technological support for preserving their privacy. We present results from 18 autoethnographic investigations and 19 observations / interviews into privacy issues that arise when people make their personal photo collections available online. The Adams' privacy model is used to discuss the findings according to information receiver, information sensitivity, and information usage. Further issues of trust and ad hoc poorly supported protection strategies are presented. Ultimately while photographic data is potentially highly sensitive, the privacy risks are often hidden and the protection mechanisms are limited

A Copyright Right of Publicity

This Article identifies a striking asymmetry in the law’s disparate treatment of publicity-rights holders and copyright holders. State-law publicity rights generally protect individuals from unauthorized use of their name and likeness by others. Publicity-claim liability, however, is limited by the First Amendment’s protection for expressive speech embodying a “transformative use” of the publicity-rights holder’s identity. This Article examines for the first time a further limitation imposed by copyright law: when a publicity-rights holder’s identity is transformatively depicted in a copyrighted work without consent, the author’s copyright can produce the peculiar result of enjoining the publicity-rights holder from using or engaging in speech about her own depiction. This Article offers novel contributions to the literature on copyright overreach and: (1) identifies a legal asymmetry produced in the interplay of publicity rights, copyright law, and the First Amendment; (2) examines the burdens on constitutionally protected speech, autonomy, and liberty interests of publicity-rights holders when copyright law prevents or constrains use of their own depiction; and (3) outlines a framework for recognizing a “copyright right of publicity” to exempt the publicity-rights holder’s use from copyright infringement liability. Notably, this Article contributes uniquely to the literature by revealing new insights gained from an exclusive first-hand perspective of an internationally recognized celebrity whose persona was prominently depicted without prior notice or consent in a wide-release feature film

The Visual Social Distancing Problem

One of the main and most effective measures to contain the recent viral outbreak is the maintenance of the so-called Social Distancing (SD). To comply with this constraint, workplaces, public institutions, transports and schools will likely adopt restrictions over the minimum inter-personal distance between people. Given this actual scenario, it is crucial to massively measure the compliance to such physical constraint in our life, in order to figure out the reasons of the possible breaks of such distance limitations, and understand if this implies a possible threat given the scene context. All of this, complying with privacy policies and making the measurement acceptable. To this end, we introduce the Visual Social Distancing (VSD) problem, defined as the automatic estimation of the inter-personal distance from an image, and the characterization of the related people aggregations. VSD is pivotal for a non-invasive analysis to whether people comply with the SD restriction, and to provide statistics about the level of safety of specific areas whenever this constraint is violated. We then discuss how VSD relates with previous literature in Social Signal Processing and indicate which existing Computer Vision methods can be used to manage such problem. We conclude with future challenges related to the effectiveness of VSD systems, ethical implications and future application scenarios.Comment: 9 pages, 5 figures. All the authors equally contributed to this manuscript and they are listed by alphabetical order. Under submissio

Scalable Privacy-Compliant Virality Prediction on Twitter

The digital town hall of Twitter becomes a preferred medium of communication for individuals and organizations across the globe. Some of them reach audiences of millions, while others struggle to get noticed. Given the impact of social media, the question remains more relevant than ever: how to model the dynamics of attention in Twitter. Researchers around the world turn to machine learning to predict the most influential tweets and authors, navigating the volume, velocity, and variety of social big data, with many compromises. In this paper, we revisit content popularity prediction on Twitter. We argue that strict alignment of data acquisition, storage and analysis algorithms is necessary to avoid the common trade-offs between scalability, accuracy and privacy compliance. We propose a new framework for the rapid acquisition of large-scale datasets, high accuracy supervisory signal and multilanguage sentiment prediction while respecting every privacy request applicable. We then apply a novel gradient boosting framework to achieve state-of-the-art results in virality ranking, already before including tweet's visual or propagation features. Our Gradient Boosted Regression Tree is the first to offer explainable, strong ranking performance on benchmark datasets. Since the analysis focused on features available early, the model is immediately applicable to incoming tweets in 18 languages.Comment: AffCon@AAAI-19 Best Paper Award; Presented at AAAI-19 W1: Affective Content Analysi

Unlocking the Fifth Amendment: Passwords and Encrypted Devices

Each year, law enforcement seizes thousands of electronic devices—smartphones, laptops, and notebooks—that it cannot open without the suspect’s password. Without this password, the information on the device sits completely scrambled behind a wall of encryption. Sometimes agents will be able to obtain the information by hacking, discovering copies of data on the cloud, or obtaining the password voluntarily from the suspects themselves. But when they cannot, may the government compel suspects to disclose or enter their password? This Article considers the Fifth Amendment protection against compelled disclosures of passwords—a question that has split and confused courts. It measures this right against the legal right of law enforcement, armed with a warrant, to search the device that it has validly seized. Encryption cases present the unique hybrid scenario that link and entangle the Fourth and Fifth Amendments. In a sense, this Article explores whose rights should prevail. This Article proposes a novel settlement that draws upon the best aspects of Fourth and Fifth Amendment law: the government can compel a suspect to decrypt only those files it already knows she possesses. This rule follows from existing Fifth Amendment case law and, as a corollary to the fundamental nature of strong encryption, also represents the best accommodation of law enforcement needs against individual privacy