117,078 research outputs found

    PRIMA — Privacy research through the perspective of a multidisciplinary mash up

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    Based on a summary description of privacy protection research within three fields of inquiry, viz. social sciences, legal science, and computer and systems sciences, we discuss multidisciplinary approaches with regard to the difficulties and the risks that they entail as well as their possible advantages. The latter include the identification of relevant perspectives of privacy, increased expressiveness in the formulation of research goals, opportunities for improved research methods, and a boost in the utility of invested research efforts

    Discrimination by Customers

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    Customers discriminate by race and gender, with considerable negative consequences for female and minority workers and business owners. Yet anti-discrimination laws apply only to discrimination by firms, not by customers. We examine efficacy and privacy reasons for why this may be so, as well as changing features of the market that, by blurring the line between firms and customers, make current law increasingly irrelevant. We conclude that, while there are reasons to be cautious about regulating customer behavior, those reasons do not justify acceding to customer discrimination altogether. To open a discussion of the regulatory options that take account of the most significant concerns, we offer a modest proposal. This proposal does not create a legal obligation on the part of customers themselves, but rather requires firms that already have nondiscrimination obligations to do more to reduce the occurrence, and consequences, of discrimination by customers

    Children, family and the state : revisiting public and private realms

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    The state is often viewed as part of the impersonal public sphere in opposition to the private family as a locus of warmth and intimacy. In recent years this modernist dichotomy has been challenged by theoretical and institutional trends which have altered the relationship between state and family. This paper explores changes to both elements of the dichotomy that challenge this relationship: a more fragmented family structure and more individualised and networked support for children. It will also examine two new elements that further disrupt any clear mapping between state/family and public/private dichotomies: the third party role of the child in family/state affairs and children's application of virtual technology that locates the private within new cultural and social spaces. The paper concludes by examining the rise of the 'individual child' hitherto hidden within the family/state dichotomy and the implications this has for intergenerational relations at personal and institutional levels

    Personal Privacy and Common Goods: A Framework for Balancing Under the National Health Information Privacy Rule

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    In this Article, we discuss how these principles for balancing apply in a number of important contexts where individually identifiable health data are shared. In Part I, we analyze the modern view favoring autonomy and privacy. In the last several decades, individual autonomy has been used as a justification for preventing sharing of information irrespective of the good to be achieved. Although respect for privacy can sometimes be important for achieving public purposes (e.g., fostering the physician/patient relationship), it can also impair the achievement of goals that are necessary for any healthy and prosperous society. A framework for balancing that strictly favors privacy can lead to reduced efficiencies in clinical care, research, and public health. We reason that society would be better served, and individuals would be only marginally less protected, if privacy rules permitted exchange of data for important public benefits. In Part II, we explain the national health information privacy regulations: (1) what do they cover?; (2) to whom do they apply?; and (3) how do they safeguard personal privacy? Parts III and IV focus on whether the standards adhere, or fail to adhere, to the privacy principles discussed in Part I. In Part III, we examine two autonomy rules established in the national privacy regulations: informed consent (for uses or disclosures of identifiable health data for health-care related purposes) and written authorization (for uses or disclosures of health data for non-health care related purposes). We observe that the informed consent rule is neither informed nor consensual. The rule is likely to thwart the effective management of health organizations without benefiting the individual. Requiring written authorization, on the other hand, protects individual privacy to prevent disclosures to entities that do not perform health-related functions, such as employers and life insurers. In Part IV, we examine various contexts in which data can be shared for public purposes under the national privacy rule: public health, research, law enforcement, familial notification, and commercial marketing. We apply our framework for balancing in each context and observe the relative strengths and weaknesses of the privacy regulations in achieving a fair balance of private and public interests

    Algorithmic Jim Crow

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    This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the back end. In contrast, an Algorithmic Jim Crow regime allows for “equal but separate” discrimination. Under Algorithmic Jim Crow, equal vetting and database screening of all citizens and noncitizens will make it appear that fairness and equality principles are preserved on the front end. Algorithmic Jim Crow, however, will enable discrimination on the back end in the form of designing, interpreting, and acting upon vetting and screening systems in ways that result in a disparate impact

    Accountability And Ethics: Reconsidering the Relationships

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    ABSTRACT While a relationship between accountability and ethics has long been assumed and debated in Public Administration, the nature of that relationship has not been examined or clearly articulated. This article makes such an effort by positing four major forms of accountability (answerability, blameworthiness, liability and attributability) and focusing on the ethical strategies developed in response to each of these forms

    Privacy as personal resistance: exploring legal narratology and the need for a legal architecture for personal privacy rights

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    Different cultures produce different privacies – both architecturally and legally speaking – as well as in their different legal architectures. The ‘Simms principle’ can be harnessed to produce semi-constitutional privacy protection through statute; building on the work already done in ‘bringing rights home’ through the Human Rights Act 1998. This article attempts to set out a notion of semi-entrenched legal rights, which will help to better portray the case for architectural, constitutional privacy, following an examination of the problems with a legal narrative for privacy rights as they currently exist. I will use parallel ideas from the works of W.B. Yeats and Costas Douzinas to explore and critique these assumptions and arguments. The ultimate object of this piece is an argument for the creation of a legal instrument, namely an Act of Parliament, in the United Kingdom; the purpose of which is to protect certain notions of personal privacy from politically-motivated erosion and intrusion

    Surveillant assemblages of governance in massively multiplayer online games:a comparative analysis

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    This paper explores governance in Massively Multiplayer Online Games (MMOGs), one sub-sector of the digital games industry. Informed by media governance studies, Surveillance Studies, and game studies, this paper identifies five elements which form part of the system of governance in MMOGs. These elements are: game code and rules; game policies; company community management practices; player participatory practices; and paratexts. Together these governance elements function as a surveillant assemblage, which relies to varying degrees on lateral and hierarchical forms of surveillance, and the assembly of human and nonhuman elements.Using qualitative mixed methods we examine and compare how these elements operate in three commercial MMOGs: Eve Online, World of Warcraft and Tibia. While peer and participatory surveillance elements are important, we identified two major trends in the governance of disruptive behaviours by the game companies in our case studies. Firstly, an increasing reliance on automated forms of dataveillance to control and punish game players, and secondly, increasing recourse to contract law and diminishing user privacy rights. Game players found it difficult to appeal the changing terms and conditions and they turned to creating paratexts outside of the game in an attempt to negotiate the boundaries of the surveillant assemblage. In the wider context of self-regulated governance systems these trends highlight the relevance of consumer rights, privacy, and data protection legislation to online games and the usefulness of bringing game studies and Surveillance Studies into dialogue

    Feminist Legal Scholarship: A History Through the Lens of the California Law Review

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    This Essay describes the evolution of feminist legal scholarship, using six articles published by the California Law Review as exemplars. This short history provides a window on the most important contributions of feminist scholarship to understandings about gender and law. It explores alternative formulations of equality, and the competing assumptions, ideals, and implications of these formulations. It describes frameworks of thought intended to compensate for the limitations of equality doctrine, including critical legal feminism, different voice theory, and nonsubordination theory, and the relationships between these frameworks. Finally, it identifies feminist legal scholarship that has crossed the disciplinary bound-aries of law. Among its conclusions, the Essay points out that as feminist scholarship has become more mainstream, its assumptions and methods are less distinct. It observes that even as feminist legal scholarship has generated important, insightful critiques of equality doctrine, it remains committed to the concept of equality, as continually revised and refined. The Essay also highlights the importance of feminist activism and practice in sharpening and refining feminist legal scholarship
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