P2p networks and the verizon V. RIAA case: Implications for personal privacy and intellectual property [Book Review]
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Ethics and Information Technology 7 (4):243-250 (2005)
In this paper, we examine some ethical implications of a controversial court decision in the United States involving Verizon (an Internet Service Provider or ISP) and the Recording Industry Association of America (RIAA). In particular, we analyze the impacts this decision has for personal privacy and intellectual property. We begin with a brief description of the controversies and rulings in this case. This is followed by a look at some of the challenges that peer-to-peer (P2P) systems, used to share digital information, pose for our legal and moral systems. We then examine the concept of privacy to better understand how the privacy of Internet users participating in P2P file-sharing practices is threatened under certain interpretations of the Digital Millennium Copyright Act (DMCA) in the United States. In particular, we examine the implications of this act for a new form of “panoptic surveillance” that can be carried out by organizations such as the RIAA. We next consider the tension between privacy and property-right interests that emerges in the Verizon case, and we examine a model proposed by Jessica Litman for distributing information over the Internet in a way that respects both privacy and property rights. We conclude by arguing that in the Verizon case, we should presume in favor of privacy as the default position, and we defend the view that a presumption should be made in favor of sharing (rather than hoarding) digital information. We also conclude that in the Verizon case, a presumption in favor of property would have undesirable effects and would further legitimize the commodification of digital information – a recent trend that is reinforced by certain interpretations of the DMCA on the part of lawmakers and by aggressive tactics used by the RIAA.
|Keywords||DMCA intellectual property Panopticon privacy RIAA surveillance Verizon|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
U. Pagallo (2010). Ethics Among Peers: File Sharing on the Internet Between Openness and Precaution. Journal of Information, Communication and Ethics in Society 8 (2):136-149.
Similar books and articles
Herman T. Tavani (1999). Informational Privacy, Data Mining, and the Internet. Ethics and Information Technology 1 (2):137-145.
Susan J. Winter, Antonis C. Stylianou & Robert A. Giacalone (2004). Individual Differences in the Acceptability of Unethical Information Technology Practices: The Case of Machiavellianism and Ethical Ideology. [REVIEW] Journal of Business Ethics 54 (3):279 - 301.
Herman T. Tavani & Frances S. Grodzinsky (2002). Cyberstalking, Personal Privacy, and Moral Responsibility. Ethics and Information Technology 4 (2):123-132.
Lars Oystein Ursin (2010). Privacy and Property in the Biobank Context. HEC Forum 22 (3):211-224.
Jennifer Hendry & Kay Goodall, Facebook and the Commercialisation of Personal Information: Some Questions of Provider-to-User Privacy.
Luciano Floridi (2005). The Ontological Interpretation of Informational Privacy. Ethics and Information Technology 7 (4):185-200.
David Matheson (2008). A Distributive Reductionism About the Right to Privacy. The Monist 91 (1):108-129.
Julie David & Marilyn Prosch (2010). Extending the Value Chain to Incorporate Privacy by Design Principles. Identity in the Information Society 3 (2):295-318.
Rong-An Shang, Yu-Chen Chen & Pin-Cheng Chen (2008). Ethical Decisions About Sharing Music Files in the P2p Environment. Journal of Business Ethics 80 (2):349 - 365.
Added to index2009-01-28
Total downloads21 ( #95,808 of 1,692,469 )
Recent downloads (6 months)2 ( #111,548 of 1,692,469 )
How can I increase my downloads?