The Emergence of Camera Phones - Exploratory Study on Ethical and Legal Issues

One of Louis Daguerre’s1 earliest pictures of a Paris street scene was taken in 1839. Due to long exposure time required to capture the image, moving objects did not register, so the street appears empty. However, during the exposure, a man stopped on the street corner to have his shoes shined. As a result, both he and the person shining the shoes appear in the picture. It can be argued that these men are the first people to ever have been photographed. If this is one of the earliest photos, then they are certainly the first to be unknowingly photographed. Late in 2002, in the run up to Christmas, outlets acting as agents for the three mobile phone licence holders in Ireland started selling a new generation of mobile phone handsets. These handsets incorporated a digital picture messaging facility, which enables the phone user to take a digital photograph, which can be sent to others with similar handsets, and in some cases, via the Internet and email. This is an exploratory study of the usage issues surrounding camera phones. The study highlights a number of issues concerning privacy. This study identifies camera phone stakeholders and includes analyses of their attitudes regarding camera phone use. The study uncovers stakeholders’ reluctance to accept and address possible negative effects. It also highlights the lack of both formal and informal methods of regulation. The legal examination highlights the possibility of existing (Irish) legislation curtailing the use of camera phones for specific purposes. The ethical literature, while contradictory in places, mirrors in some cases, general principles of privacy outlined in Irish case la

A Prolegomenon to Information Technology Ethics

Information Systems Working Papers Serie

Comparative Cybersecurity Law in Socialist Asia

This Article is a comparative study of the cybersecurity laws adopted in China and Vietnam in 2017 and 2018, respectively. The two laws both converge and diverge. Their convergences include the stringent regulation of banned acts, network operators, critical infrastructure, data localization, and personal data. These are all shaped by the immediate diffusion of China\u27s Cybersecurity Law in Vietnam and broader structural factors: namely, the common features of the socialist state, socialist legality, and the statist approach to human rights. The foundational divergence is between the Chinese notion of cybersecurity sovereignty and the Vietnamese notion of national cyberspace, which is due to the global diffusion of cybersecurity law in Vietnam and the differences in technological infrastructure and developmental approaches-Chinese exceptionalism and Vietnamese universalism. This Article has implications for comparative law generally and comparative cybersecurity law particularly

Privacy and Private Law: The Dilemma of Justification

In recent years there has been a remarkable convergence across several common law jurisdictions regarding the need to recognize some form of a tort of invasion of privacy, particularly with respect to the publication of private facts. Despite this convergence, the author argues that there remains a palpable “containment anxiety” at play in the jurisprudence that is responsible for a number of recurring tensions regarding the scope of protection.Instead of focusing on the question of how to define privacy, this paper frames the containment anxiety at issue in the cases in terms of a justificatory dilemma rather than a definitional one. Using the work of Mill and Kant, the author argues that if we understand privacy rights as protecting either the value of autonomy or freedom from harm then we can justify a narrow legal right to privacy. Although this can explain the containment anxiety in the jurisprudence, it severely undermines the growing recognition of the importance of privacy. Therefore this paper proposes an alternative justification for privacy rights that is rooted in the value of protecting identity interests, where identity is understood in terms of one's capacity for self-presentation.On assiste depuis quelques années à une convergence remarquable à travers plusieurs juridictions de common law quant au besoin de reconnaître une forme de délit d’atteinte à la vie privée, plus particulièrement en ce qui a trait à la publication de faits privés. Malgré cette convergence, l’auteur maintient qu’il existe toujours un certain « malaise » quant aux limites à imposer aux mesures de protection. Ce malaise, qui se fait sentir dans la jurisprudence, est responsable de certaines tensions récurrentes quant à l’étendue de la protection à accorder à la vie privée. Plutôt que de se concentrer sur une définition de la vie privée, cet article présente le malaise dont il est question dans les arrêts en termes d’un dilemme de justification plutôt que de définition. En se basant sur les travaux de Mill et de Kant, l’auteur fait valoir que si nous entendons le droit à la vie privée comme protégeant soit l’autonomie, soit l’exemption du mal, il est alors possible de justifier un droit étroit à la vie privée. Si cette approche peut expliquer le malaise ressenti dans la jurisprudence, elle mine sévèrement l’importance croissante qui est accordée à la vie privée. Cet essai propose donc une justification alternative du droit à la vie privée qui se fonde sur l’importance de protéger les intérêts identitaires, où l’identité est conçue en termes de la capacité d’autoreprésentation d’une personne

“I WONDER WHAT YOU THINK OF ME”: A QUALITATIVE APPROACH TO EXAMINING STEREOTYPE AWARENESS IN APPALACHIAN STUDENTS

Historically, Appalachia has been stereotyped as being a culture bred in poverty and ignorance. Much research has shown that stereotyping reveals a pattern of behavioral change and an impact on psychological well-being for the stereotyped (e.g., Pinel, 1999; Woodcock, Jernandez, Estrada, & Schultz, 2012), and has largely been centered on race and gender (e.g., Byrnes, 2008; Tuckman & Monetti, 2011). Less is known about the development of culture-specific stereotypes such as those related to Appalachians – a highly stigmatized group (Daniels, 2014; Otto, 2002). The purpose of this study was to gain an understanding of how adolescents in rural Appalachia develop awareness of stereotypes about Appalachia. Stratified random sampling was used to select twelve students (Grades 6-12) belonging to a small school district located in the Appalachian region of eastern Kentucky who were invited to participate in individual interviews. Eight of the participants self-identified as Appalachian, but for distinct reasons. Students characterized Appalachia for its strong sense of community, accessibility to nature, and lack of opportunities. All students readily identified negative Appalachian stereotypes, but most, particularly older students, were quick to defend the integrity of their culture and community. When discussing cultural stereotypes, the richness of student responses varied by grade-level

MAPPING THE INFORMATION ENVIRONMENT: LEGAL ASPECTS OF MODULARIZATION AND DIGITALIZATION

The Article highlights the language of the digital and the principle of modularization as the basic concepts which the further development of the information environment will have to pivot around, regardless of how conflicts between freedom and control are temporarily solved. Perceiving both the computer and the Internet as complex systems, the authors look at how modular design of these systems freed the functionality of applications from the physicality of infrastructures, describe the evolutionary gains adhering to modularity, and how to preserve them - elaborating on the issues of access to the cable platform for broadband Internet and to virtual networks for computer technology. Their second focus shows how digitalization of information makes possible the merger of content and its protection. Especially through the use of DRM systems, private actors can create right enforcement mechanisms independent of the State. The legal system therefore faces new and more complex relations between private will and public sovereignty. In such a merged system it is harder to maintain freedom - much like in the fusion of function and infrastructure

Regulating Cyberspace in Vietnam: Entry, Struggle, and Gain

This study explores the evolution of cyber regulation in Vietnam since its inception, that is from the events of January 1997, when cyberspace first arrived in Vietnam, to the momentous protests instigated by the Cybersecurity Draft Law in June 2018. A Vietnamese cyber regulatory regime is imagined as an analytically constructed regulatory space where different actors enter, struggle, and gain in their pursuit of regulatory interests. The study argues that cyberspace in contemporary Vietnam has aided non-state actors to participate in the law-making and regulatory processes by inducing state actors to respond with cyber laws, regulatory approaches, and measures. Moving beyond the dichotomy of cyberspace as an inevitable tool for liberation or oppression, Vietnamese cyberspace has been both an instrument for non-state actors to participate in lawmaking, and a regulatory measure for state actors to regain control. A sociological landscape in contemporary Vietnam is depicted through the evolution of a Vietnamese cyber regulatory regime, shaped by dynamic interactions between domestic actors. In sharp contrast to the previous image of an authoritarian Vietnam, cyberspace has aided contemporary Vietnam to metamorphose into a more pluralistic society where organically formed social actors co-regulate cyberspace