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- Dan L. Burk (forthcoming). Information Ethics and the Law of Data Representations. Ethics and Information Technology.The theories of information ethics articulated by Luciano Floridi and his collaborators have clear implications for law. Information law, including the law of privacy and of intellectual property, is especially likely to benefit from a coherent and comprehensive theory of information ethics. This article illustrates how information ethics might apply to legal doctrine, by examining legal questions related to the ownership and control of the personal data representations, including photographs, game avatars, and consumer profiles, that have become ubiquitous with the proliferation of information and communication technologies. Recent controversy over the control of player performance statistics in “fantasy” sports leagues provides a limiting case for the analysis. Such data representations will in many instances constitute the kind of personal data that information ethics asserts constitutes an information entity. Legal doctrine in some instances proves sympathetic to such an assertion, but remains largely inchoate as to which data might constitute a given information entity in a given instance. Neither is information ethics, in its current state of development, entirely helpful in answering this critical question. While information ethics holds some promise to bring coherence to this area of the law, further work articulating a richer theory of information ethics will be necessary before it can do so.
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Discusses the public interest in the free flow of information.
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Computers and new information technologies have greatly increased the power of surveillance by government and large corporate entities. The state is a repository of a growing array of data bases that provide it with information on its citizens. Corporations also now possess increasing power to accumulate information on potential consumers. This power to collect information is significant and can be instrumental in securing loans, insurance, and credit; increases the power of law enforcement agencies; makes possible surveillance of workers and the workplace by managers; and provides information on consumer habits and preferences that can be useful to the marketing and promotion of consumer goods. The intensifying computerization of information raises important questions concerning privacy and individual rights in the current information revolution, such as: who collects what kind of information, what is done with this information, and what rights do individuals have concerning privacy and the circulation of information about them?
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