ABSTRACT Popular access to increasingly sophisticated forms of electronic surveillance technologi... more ABSTRACT Popular access to increasingly sophisticated forms of electronic surveillance technologies has altered the dynamics of family relationships. Monitoring, mediated and facilitated by practices of both covert and overt electronic surveillance, has changed the nature of privacy within the family. In this paper, we explore the morality of certain forms of surveillance within the family unit.
Before providing a summary of the articles included in this volume, I have given a brief overview... more Before providing a summary of the articles included in this volume, I have given a brief overview of the subject matter or domain of intellectual property. Apart from owning cars, computers, land, or other tangible goods, intellectual property law enables individuals to obtain ownership rights to control works of literature, musical compositions, processes of manufacture, computer software, and the like. Setting aside concerns of justifying rights to intellectual property, which is the primary focus of this volume, a brief exposition of what counts as intellectual property would be helpful.
ABSTRACT Popular access to increasingly sophisticated forms of electronic surveillance technologi... more ABSTRACT Popular access to increasingly sophisticated forms of electronic surveillance technologies has altered the dynamics of family relationships. Monitoring, mediated and facilitated by practices of both covert and overt electronic surveillance, has changed the nature of privacy within the family. In this paper, we explore the morality of certain forms of surveillance within the family unit.
In the United States the ascendancy of speech protection is due to an expansive and unjustified v... more In the United States the ascendancy of speech protection is due to an expansive and unjustified view of the value or primacy of free expression and access to information. This is perhaps understandable, given that privacy has been understood as a mere interest, whereas speech rights have been seen as more fundamental. I have argued elsewhere that the ''mere interest'' view of privacy is false. Privacy, properly defined, is a necessary condition for human well-being or flourishing. The opening section of this article will provide an overview of this theory. Next, after a few remarks on speech absolutism, privacy absolutism, and balancing theories, I will sketch several of the dominant argument strands that have been offered in support of presumptively weighty speech rights. While these arguments, taken together, establish that free speech is important, they do not support the view that speech should nearly always trump privacy. In final section I will present and defend a way to balance free speech and privacy claims.
PurposeThe purpose of this paper is to provide a survey piece on the concept of privacy and the j... more PurposeThe purpose of this paper is to provide a survey piece on the concept of privacy and the justification of privacy rights.Design/methodology/approachThis article reviews each of the following areas: a brief history of privacy; philosophical definitions of privacy along with specific critiques; legal conceptions of privacy, including the history of privacy protections granted in constitutional and tort law; and general critiques of privacy protections both moral and legal.FindingsA primary goal of this article has been to provide an overview of the most important philosophical and legal issues related to privacy. While privacy is difficult to define and has been challenged on legal and moral grounds, it is a cultural universal and has played an important role in the formation of Western liberal democracies.Originality/valueThe paper provides a general overview of the issues and debates that frame this lively area of scholarly inquiry. By facilitating a wider engagement and inpu...
The author would like to thank Don Hubin for providing helpful comments on the initial draft. The... more The author would like to thank Don Hubin for providing helpful comments on the initial draft. The author would also like to thank Anne Schmiege, Kris Huether, and the editors of the Hamline Law Review for their help in preparing the manuscript.
6. Ken Himma notes that the creation of intellectual works involves using one of our most preciou... more 6. Ken Himma notes that the creation of intellectual works involves using one of our most precious commodities-bits of our lives. See Kenneth Einar Himma, Justifying Intellectual Property Protection: Why the Interests of Content Creators Usually Win Over Everyone Else's, in INFORMATION TECHNOLOGY AND SOCIAL JUSTICE 47 (Emma Rooksby & John Weckert eds., 2007). 8. 1 have in mind the Robinson Crusoe case in ROBERT NOZICK, ANARCHY, STATE, AND UTOPIA 185 (1974). 9. The distinction between worsening someone's position and failing to better it is a hotly contested moral issue.
paperback, Fall 2001 hardback). Information Ethics: Privacy, Property, and Power. Edited by A. Mo... more paperback, Fall 2001 hardback). Information Ethics: Privacy, Property, and Power. Edited by A. Moore (The University of Washington Press) forthcoming fall 2005.
The beliefs, feelings, and thoughts that make up our streams of consciousness would seem to be in... more The beliefs, feelings, and thoughts that make up our streams of consciousness would seem to be inherently private. Nevertheless, modern neuroscience is offering to open up the sanctity of this domain to outside viewing. A common retort often voiced to this worry is something like, ‘Privacy is difficult to define and has no inherent moral value. What’s so great about privacy?’ In this article I will argue against these sentiments. A definition of privacy is offered along with an account of why privacy is morally valuable. In the remaining sections, several privacy protecting principles are defended that would limit various sorts of neurosurveillance promised by advancements in neuroscience.
ABSTRACT Popular access to increasingly sophisticated forms of electronic surveillance technologi... more ABSTRACT Popular access to increasingly sophisticated forms of electronic surveillance technologies has altered the dynamics of family relationships. Monitoring, mediated and facilitated by practices of both covert and overt electronic surveillance, has changed the nature of privacy within the family. In this paper, we explore the morality of certain forms of surveillance within the family unit.
Arguments for intellectual property rights have generally taken one of three forms. Personality t... more Arguments for intellectual property rights have generally taken one of three forms. Personality theorists maintain that intellectual property is an extension of individual personality. Rule-utilitarians ground intellectual property rights in social progress and incentives to innovate. Lockeans argue that rights are justified in relation to labor and merit. While each of these strands of justification has weaknesses there are also strengths. In this article, I will present and examine personality-based, rule-utilitarian, and Lockean justifications for intellectual property. Care is needed so that we do not confuse moral claims with legal ones. The brief sketch of Anglo-American and Continental systems of intellectual property below, focuses on legal conceptions and rights while the arguments that follow-personality based, utilitarian, and Lockeanare essentially moral. I will argue that there are justified moral claims to intellectual works-claims that are strong enough to warrant legal protection. 5.1.1 What Is Intellectual Property? 1 Intellectual property is generally characterized as nonphysical property that is the product of cognitive processes and whose value is based upon some idea or collection
In this article I address the tension between evaluative surveillance and privacy against the bac... more In this article I address the tension between evaluative surveillance and privacy against the backdrop ofthe current explosion of information technology. More specifically, and after a brief analysis of privacy rights, I argue that knowledge of the different kinds of surveillance used at any given company should be made explicit to the employees. Moreover, there will be certain kinds of evaluativ monitoring that violate privacy rights and should not be used in most cases. Too many employers practice a credo of "In God we tr Marlene Piturro, "Electronic Mon Introduction Few would deny the profound impact, both positive and negative, tha computers and digital technology are having in the modern workplace. Some ofthe benefits include safer working conditions, increased productivity, and better communication between employees, clients, and companies. The downside of this revolution can be tedious working conditions and the loss of privacy and autonomy. In the workplace there is a basic tension between surveillance technology and privacy. Companies want to monitor employees and reward effort, intelligence, productivity, and success while eliminating laziness, stupidity, theft, and failure. The market demands no less of most businesses. But against this pressure stands the individual within the walls of privacy?walls that protect against invasions into private domains. Jeremy Bentham once envisioned a prison workhouse that placed overseers in a central tower with glass-walled cells and mirrors placed so that inmates could never know if they were being watched.2 The idea was that "universal transparency" would keep the prisoners on their best behavior. Recent develop? ments in surveillance technology are promising to turn the workplace into the modern equivalent of Bentham's workhouse. There are now computer programs that allow employers to monitor and record the number of keystrokes per minute an employee completes. Employee badges may allow the recording of move? ments and time spent at different locations while working. There is now the possibility of monitoring voice mail, e-mail, and phone logs?all without the
Section I of this article will focus on the nature and definition of economic pragmatism. It will... more Section I of this article will focus on the nature and definition of economic pragmatism. It will be argued that while economic pragmatism comes in many flavors each is either unstable or self-defeating. Section II will advance the view that Anglo- American systems of intellectual property have both theoretical and pragmatic features. In the third section a sketch of a theory will be offered: a theory that may limit applications of economic pragmatism and provide the foundation for copyright, patent, and trade secret institutions. To be justified-to warrant coercion on a worldwide scale-systems of intellectual property should be grounded in theory. Pragmatic considerations will only be appropriate for "hard cases", at the margin, or when theory gives no guidance.
Legal protections for intellectual property have a rich history that stretches back to ancient Gr... more Legal protections for intellectual property have a rich history that stretches back to ancient Greece and before. As different legal systems matured in protecting intellectual works, there was a growing refinement of understanding as to what was being protected. From the ancients through the Enlightenment, several strands of moral justification for intellectual property have been offered: namely, personality-based, utilitarian, and Lockean. This essay will discuss all of these topics, focusing on Anglo-American and European legal and moral conceptions of intellectual property.
In this article I address the tension between evaluative
surveillance and privacy against the bac... more In this article I address the tension between evaluative surveillance and privacy against the backdrop ofthe current explosion of information technology. More specifically, and after a brief analysis of privacy rights, I argue that knowledge of the different kinds of surveillance used at any given company should be made explicit to the employees. Moreover, there will be certain kinds of evaluative monitoring that violate privacy rights and should not be used in most cases.
ABSTRACT Popular access to increasingly sophisticated forms of electronic surveillance technologi... more ABSTRACT Popular access to increasingly sophisticated forms of electronic surveillance technologies has altered the dynamics of family relationships. Monitoring, mediated and facilitated by practices of both covert and overt electronic surveillance, has changed the nature of privacy within the family. In this paper, we explore the morality of certain forms of surveillance within the family unit.
Before providing a summary of the articles included in this volume, I have given a brief overview... more Before providing a summary of the articles included in this volume, I have given a brief overview of the subject matter or domain of intellectual property. Apart from owning cars, computers, land, or other tangible goods, intellectual property law enables individuals to obtain ownership rights to control works of literature, musical compositions, processes of manufacture, computer software, and the like. Setting aside concerns of justifying rights to intellectual property, which is the primary focus of this volume, a brief exposition of what counts as intellectual property would be helpful.
ABSTRACT Popular access to increasingly sophisticated forms of electronic surveillance technologi... more ABSTRACT Popular access to increasingly sophisticated forms of electronic surveillance technologies has altered the dynamics of family relationships. Monitoring, mediated and facilitated by practices of both covert and overt electronic surveillance, has changed the nature of privacy within the family. In this paper, we explore the morality of certain forms of surveillance within the family unit.
In the United States the ascendancy of speech protection is due to an expansive and unjustified v... more In the United States the ascendancy of speech protection is due to an expansive and unjustified view of the value or primacy of free expression and access to information. This is perhaps understandable, given that privacy has been understood as a mere interest, whereas speech rights have been seen as more fundamental. I have argued elsewhere that the ''mere interest'' view of privacy is false. Privacy, properly defined, is a necessary condition for human well-being or flourishing. The opening section of this article will provide an overview of this theory. Next, after a few remarks on speech absolutism, privacy absolutism, and balancing theories, I will sketch several of the dominant argument strands that have been offered in support of presumptively weighty speech rights. While these arguments, taken together, establish that free speech is important, they do not support the view that speech should nearly always trump privacy. In final section I will present and defend a way to balance free speech and privacy claims.
PurposeThe purpose of this paper is to provide a survey piece on the concept of privacy and the j... more PurposeThe purpose of this paper is to provide a survey piece on the concept of privacy and the justification of privacy rights.Design/methodology/approachThis article reviews each of the following areas: a brief history of privacy; philosophical definitions of privacy along with specific critiques; legal conceptions of privacy, including the history of privacy protections granted in constitutional and tort law; and general critiques of privacy protections both moral and legal.FindingsA primary goal of this article has been to provide an overview of the most important philosophical and legal issues related to privacy. While privacy is difficult to define and has been challenged on legal and moral grounds, it is a cultural universal and has played an important role in the formation of Western liberal democracies.Originality/valueThe paper provides a general overview of the issues and debates that frame this lively area of scholarly inquiry. By facilitating a wider engagement and inpu...
The author would like to thank Don Hubin for providing helpful comments on the initial draft. The... more The author would like to thank Don Hubin for providing helpful comments on the initial draft. The author would also like to thank Anne Schmiege, Kris Huether, and the editors of the Hamline Law Review for their help in preparing the manuscript.
6. Ken Himma notes that the creation of intellectual works involves using one of our most preciou... more 6. Ken Himma notes that the creation of intellectual works involves using one of our most precious commodities-bits of our lives. See Kenneth Einar Himma, Justifying Intellectual Property Protection: Why the Interests of Content Creators Usually Win Over Everyone Else's, in INFORMATION TECHNOLOGY AND SOCIAL JUSTICE 47 (Emma Rooksby & John Weckert eds., 2007). 8. 1 have in mind the Robinson Crusoe case in ROBERT NOZICK, ANARCHY, STATE, AND UTOPIA 185 (1974). 9. The distinction between worsening someone's position and failing to better it is a hotly contested moral issue.
paperback, Fall 2001 hardback). Information Ethics: Privacy, Property, and Power. Edited by A. Mo... more paperback, Fall 2001 hardback). Information Ethics: Privacy, Property, and Power. Edited by A. Moore (The University of Washington Press) forthcoming fall 2005.
The beliefs, feelings, and thoughts that make up our streams of consciousness would seem to be in... more The beliefs, feelings, and thoughts that make up our streams of consciousness would seem to be inherently private. Nevertheless, modern neuroscience is offering to open up the sanctity of this domain to outside viewing. A common retort often voiced to this worry is something like, ‘Privacy is difficult to define and has no inherent moral value. What’s so great about privacy?’ In this article I will argue against these sentiments. A definition of privacy is offered along with an account of why privacy is morally valuable. In the remaining sections, several privacy protecting principles are defended that would limit various sorts of neurosurveillance promised by advancements in neuroscience.
ABSTRACT Popular access to increasingly sophisticated forms of electronic surveillance technologi... more ABSTRACT Popular access to increasingly sophisticated forms of electronic surveillance technologies has altered the dynamics of family relationships. Monitoring, mediated and facilitated by practices of both covert and overt electronic surveillance, has changed the nature of privacy within the family. In this paper, we explore the morality of certain forms of surveillance within the family unit.
Arguments for intellectual property rights have generally taken one of three forms. Personality t... more Arguments for intellectual property rights have generally taken one of three forms. Personality theorists maintain that intellectual property is an extension of individual personality. Rule-utilitarians ground intellectual property rights in social progress and incentives to innovate. Lockeans argue that rights are justified in relation to labor and merit. While each of these strands of justification has weaknesses there are also strengths. In this article, I will present and examine personality-based, rule-utilitarian, and Lockean justifications for intellectual property. Care is needed so that we do not confuse moral claims with legal ones. The brief sketch of Anglo-American and Continental systems of intellectual property below, focuses on legal conceptions and rights while the arguments that follow-personality based, utilitarian, and Lockeanare essentially moral. I will argue that there are justified moral claims to intellectual works-claims that are strong enough to warrant legal protection. 5.1.1 What Is Intellectual Property? 1 Intellectual property is generally characterized as nonphysical property that is the product of cognitive processes and whose value is based upon some idea or collection
In this article I address the tension between evaluative surveillance and privacy against the bac... more In this article I address the tension between evaluative surveillance and privacy against the backdrop ofthe current explosion of information technology. More specifically, and after a brief analysis of privacy rights, I argue that knowledge of the different kinds of surveillance used at any given company should be made explicit to the employees. Moreover, there will be certain kinds of evaluativ monitoring that violate privacy rights and should not be used in most cases. Too many employers practice a credo of "In God we tr Marlene Piturro, "Electronic Mon Introduction Few would deny the profound impact, both positive and negative, tha computers and digital technology are having in the modern workplace. Some ofthe benefits include safer working conditions, increased productivity, and better communication between employees, clients, and companies. The downside of this revolution can be tedious working conditions and the loss of privacy and autonomy. In the workplace there is a basic tension between surveillance technology and privacy. Companies want to monitor employees and reward effort, intelligence, productivity, and success while eliminating laziness, stupidity, theft, and failure. The market demands no less of most businesses. But against this pressure stands the individual within the walls of privacy?walls that protect against invasions into private domains. Jeremy Bentham once envisioned a prison workhouse that placed overseers in a central tower with glass-walled cells and mirrors placed so that inmates could never know if they were being watched.2 The idea was that "universal transparency" would keep the prisoners on their best behavior. Recent develop? ments in surveillance technology are promising to turn the workplace into the modern equivalent of Bentham's workhouse. There are now computer programs that allow employers to monitor and record the number of keystrokes per minute an employee completes. Employee badges may allow the recording of move? ments and time spent at different locations while working. There is now the possibility of monitoring voice mail, e-mail, and phone logs?all without the
Section I of this article will focus on the nature and definition of economic pragmatism. It will... more Section I of this article will focus on the nature and definition of economic pragmatism. It will be argued that while economic pragmatism comes in many flavors each is either unstable or self-defeating. Section II will advance the view that Anglo- American systems of intellectual property have both theoretical and pragmatic features. In the third section a sketch of a theory will be offered: a theory that may limit applications of economic pragmatism and provide the foundation for copyright, patent, and trade secret institutions. To be justified-to warrant coercion on a worldwide scale-systems of intellectual property should be grounded in theory. Pragmatic considerations will only be appropriate for "hard cases", at the margin, or when theory gives no guidance.
Legal protections for intellectual property have a rich history that stretches back to ancient Gr... more Legal protections for intellectual property have a rich history that stretches back to ancient Greece and before. As different legal systems matured in protecting intellectual works, there was a growing refinement of understanding as to what was being protected. From the ancients through the Enlightenment, several strands of moral justification for intellectual property have been offered: namely, personality-based, utilitarian, and Lockean. This essay will discuss all of these topics, focusing on Anglo-American and European legal and moral conceptions of intellectual property.
In this article I address the tension between evaluative
surveillance and privacy against the bac... more In this article I address the tension between evaluative surveillance and privacy against the backdrop ofthe current explosion of information technology. More specifically, and after a brief analysis of privacy rights, I argue that knowledge of the different kinds of surveillance used at any given company should be made explicit to the employees. Moreover, there will be certain kinds of evaluative monitoring that violate privacy rights and should not be used in most cases.
Justifying intellectual property rights typically falls within one of three dominant traditions. ... more Justifying intellectual property rights typically falls within one of three dominant traditions. Incentives-based utilitarian arguments justify intellectual property rights as tools to bring about good consequences. By promising and protecting various rights, institutions of intellectual property-copyright, patent, trade secret-incentivize authors and inventors to create new and useful intellectual works. This innovation, in turn, leads to higher levels of health and wellbeing for everyone.2 A second kind of justification offered for intellectual property is the natural rights tradition championed by John Locke. In general, the intuition is that laboring, producing, thinking, and persevering are voluntary, and individuals who engage in these activities are
Setting aside various foundational moral entanglements, I will offer an argument for the protecti... more Setting aside various foundational moral entanglements, I will offer an argument for the protection of intellectual property based on individual self-interest and prudence. In large part, this argument will parallel considerations that arise in a prisoner’s dilemma game. After sketching the salient features of a prisoner’s dilemma, I will briefly examine the nature of intellectual property and how one can view content creation, exclusion, and access as a prisoner’s dilemma. In brief, allowing content to be unprotected in terms of free access leads to a sub-optimal outcome where creation and innovation are suppressed. Finally, I will argue that adopting the institutions of copyright, patent, and trade secret is one way we can avoid these sub-optimal results.
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surveillance and privacy against the backdrop ofthe current explosion of information technology. More specifically, and after a brief analysis of privacy rights, I argue that knowledge of the different kinds of surveillance used at any given company should be made explicit to the employees. Moreover, there will be certain kinds of evaluative monitoring that violate privacy rights and should not be used in most cases.
surveillance and privacy against the backdrop ofthe current explosion of information technology. More specifically, and after a brief analysis of privacy rights, I argue that knowledge of the different kinds of surveillance used at any given company should be made explicit to the employees. Moreover, there will be certain kinds of evaluative monitoring that violate privacy rights and should not be used in most cases.