This chapter addresses the morality of two types of national security electronic surveillance (SIGINT) programs: the analysis of communication “metadata” and dragnet searches for keywords in electronic communication. The chapter develops a standard for assessing coercive government action based on respect for the autonomy of inhabitants of liberal states and argues that both types of SIGINT can potentially meet this standard. That said, the collection of metadata creates opportunities for abuse of power, and so judgments about the trustworthiness (...) and competence of the government engaging in the collection must be made in order to decide whether metadata collection is justified in a particular state. Further, the moral standard proposed has a reflexive element justifying adversary states’ intelligence collection against one another. Therefore, high-tech forms of SIGINT can only be justified at the cost of justifying cruder versions of signals intelligence collection practiced by a state’s less-advanced adversaries. (shrink)

Many office workers use computers and the Internet not only to get their daily jobs done but also to deal with their personal businesses. Therefore employers nowadays monitor their employees electronically to prevent the misuse of the company resources. The use of electronic monitoring in organizations causes issues of trust and privacy. This study is dedicated to developing a conceptual model on the two issues under electronic monitoring. Control, considered as the essence of the definition of privacy as (...) well as the foundation of the control model in the theory of procedural justice, plays an important role to people’s privacy concerns and trust. People’s perceived‐self, as essential in the group‐value model in the theory of procedural justice and in the cultural studies, also plays an important role to people’s privacy concerns and trust. This study presents research hypotheses on trust and privacy under electronic surveillance based on the two models of the theory of procedural justice, social identity theory, and cultural studies. (shrink)

Debates about the moral permissibility of mass electronic surveillance often turn on whether consequentialist considerations legitimately trump relevant deontological rights and principles. In order to establish such overriding consequences, many proponents of mass surveillance employ a modern analogue of Pascal’s wager: they contend that the consequences of no surveillance are so severe that any probability of such outcomes legitimates the abrogation of the relevant rights. In this paper, I briefly review Pascal’s original wager about whether to live a pious (...) life, including two classes of objections that were almost immediately leveled against his argument. I then show that analogues of those objections apply straightforwardly to the modern versions of Pascal’s wager. Mass electronic surveillance might be ethically permissible or even obligatory in some circumstances, but the details matter in ways that are systematically ignored or assumed away in a Pascal’s wager-type argument. Careful consideration of the complexities of our modern situation is required to decide whether consequentialist considerations override deontological principles in this domain. (shrink)

Since the attack on the World Trade Center in New York, and on the Pentagon in the United States, concerns over security issues have been at an all-time high in this country. Both state and federal governments continue to discuss legislation on these issues amid much controversy. One key concern of both employers and employees is the extent that employers, espousing a "need to know" mentality, continue to expand their capability and implementation of surveillance of employees in the workplace. With (...) the technology typically growing faster than the speed of legislation, protective or permissive, the management and legal issues involved in electronic monitoring of employee communications in the workplace, are and well should be on the agenda for discussion of every management and legal team in American business today. Companies have a legitimate right to protect their trade secrets from disclosure by disgruntled employees. Similarly, companies also have a duty to protect their good names and reputations from unauthorized employee communications with outside parties, and even other employees, that may damage them. It is also a prime duty of management to ensure, in their direction of their workforces, that the employees execute their responsibilities by working full time on their stated objectives. In this regard, any management that fails to oversee its workforce to ensure that employees are not expending valuable company time, for which they are being compensated, on personal business, including unauthorized communications, is remiss in its responsibilities to its shareholders. The company may see a reduction of the price of its shares in the marketplace if it does not protect the economic interests of its shareholders. (shrink)

The extant clinical literature indicates profound problems in the assessment, monitoring, and documentation of care in long-term care facilities. The lack of adequate resources to accommodate higher staff-to-resident ratios adds additional urgency to the goal of identifying more costeffective mechanisms to provide care oversight. The ever expanding array of electronic monitoring technologies in the clinical research arena demands a conceptual and pragmatic framework for the resolution of ethical tensions inherent in the use of such innovative tools. CareMedia is a (...) project that explores the utility of video, audio and sensor technologies as a continuous real-time assessment and outcomes measurement tool. In this paper, the authors describe the seminal ethical challenges encountered during the implementation phase of this project, namely privacy and confidentiality protection, and the strategies employed to resolve the ethical tensions by applying principles of the interest theory of rights. (shrink)

A vigorous debate has developed surrounding electronic surveillance in the workplace. This controversial practice is one element of the more general issues of employee dignity and management control, revolving around the use of polygraph and drug testing, integrity exams, and the like. Managers, under pressure from competitors, are making greater use of technologically advanced employee monitoring methods because they are available, and hold the promise of productivity improvement. In this paper, the context of electronic surveillance is described and (...) analyzed from the perspectives of ethics, public policy, and managerial behavior. (shrink)

Electronic surveillance of employees in the workplace presents both opportunities and risks to contemporary managers. Some of the moral risks associated with electronic workplace surveillance are well-known and discussed in the literature. A lesser-known risk, which is explored and addressed in this article, is the threat that electronic surveillance poses, when used inappropriately, to employees’ personal autonomy. This article elaborates the concept of personal autonomy, illustrates how electronic workplace surveillance might be used to violate personal autonomy, (...) and suggests some management strategies that could be used to avoid such violations. (shrink)

Federal, state, and local laws shape the use of health information for public health purposes, such as the mandated collection of data through electronic disease reporting systems. Health professionals can leverage these data to better anticipate and plan for the needs of communities, which is seen in the use of electronic case reporting.

Am Beginn des 21. Jahrhunderts sind die gesellschaftlichen Konsequenzen neuer Formen der Sammlung, Verwendung und Vernetzung von Daten zur Überwachung und Beeinflussung von Menschen und Gruppen noch nicht vollends absehbar. Mit den Surveillance Studies können die Bedingungen und Diskurse von Sicherheit, Überwachung und Kontrolle im Rahmen einer interdisziplinären Forschungsinitiative analysiert werden. Verschiedene Pespektiven werden hier einführend dargestellt. Beiträge aus der Rechtswissenschaft, der Kriminologie, der Geographie, Soziologie und Kunstgeschichte zeigen, welche unterschiedlichen Perspektiven es gibt, um die komplexen und folgenreichen Zusammenhänge der (...) Surveillance zu verstehen oder zukünftige Entwicklungen einzuschätzen. Die verschiedenen Perspektiven ergänzen sich zu einem Gesamtbild, welches die Strukturen und Feinheiten dieser Entwicklungen deutlich macht. Die Beiträge gehen dabei auf grundsätzliche Probleme bei der Analyse von Überwachung aus ihrer jeweiligen Sicht ein und bieten so eine kompakte Übersicht über ein spezifisches, in dieser Hinsicht neues Forschungsfeld. Weiterhin zeigen sie, wie vielschichtig der Einfluss der von Überwachungtechnologien und Kontrolldiskursen auf unser tägliches Leben tatsächlich ist. Als einführende Texte bieten die versammelten Beiträge einen Ausgangspunkt für weitere Analysen und Diskussionen – vor allem jenseits aller akademischen Debatten. (shrink)

Foucault’s disciplinary society and his notion of panopticism are often invoked in discussions regarding electronic surveillance. Against this use of Foucault, I argue that contemporary trends in surveillance technology abstract human bodies from their territorial settings, separating them into a series of discrete flows through what Deleuze will term, the surveillant assemblage. The surveillant assemblage and its product, the socially sorted body, aim less at molding, punishing and controlling the body and more at triggering events of in- and ex-clusion (...) from life opportunities. The meaning of the body as monitored by latest generation vision technologies formed from machine only surveillance has been transformed. Such a body is no longer disciplinary in the Foucauldian sense. It is a virtual/flesh interface broken into discrete data flows whose comparison and breakage generate bodies as both legible and eligible (or illegible). (shrink)

The rise of digital and interconnected technology within the workplace, including programs that facilitate monitoring and surveillance of employees is unstoppable. The COVID-19-induced lockdowns and the resulting increase in home office adoption even increased this trend. Apart from major benefits that may come along with such information and communication technologies (e.g., productivity increases, better resource planning, and increased worker safety), they also enable comprehensive Electronic Performance Monitoring (EPM) which may also have negative effects (e.g., increased stress and a reduction (...) in job satisfaction). This conceptual article investigates EPM to better understand the development, adoption, and impact of EPM systems in organizations. The EPM literature published since the 1980s constitutes the basis for this conceptual article. We present a framework which is intended to serve as foundation for future studies. Moreover, we reviewed more than three decades of empirical EPM research and identified six major outcomes that are influenced by the use of an EPM system, as well as a large number of moderator variables. Based on our conceptual analyses and the resulting insights, which also include privacy, ethical, and cultural considerations, we discuss future research opportunities where we also refer to design implications for EPM systems. (shrink)

In Europe, telecare is the use of remote monitoring technology to enable vulnerable people to live independently in their own homes. The technology includes electronic tags and sensors that transmit information about the user's location and patterns of behavior in the user's home to an external hub, where it can trigger an intervention in an emergency. Telecare users in the United Kingdom sometimes report their unease about being monitored by a ?Big Brother,? and the same kind of electronic (...) tags that alert telecare hubs to the movements of someone with dementia who is ?wandering? are worn by terrorist suspects who have been placed under house arrest. For these and other reasons, such as ordinary privacy concerns, telecare is sometimes regarded as an objectionable extension of a ?surveillance state.? In this article, we defend the use of telecare against the charge that it is Orwellian. In the United States, the conception of telecare primarily as telemedicine, and the fact that it is not typically a government responsibility, make a supposed connection with a surveillance state even more doubtful than in Europe. The main objection, we argue, to telecare is not its intrusiveness, but the danger of its deepening the isolation of those who use it. There are ways of organizing telecare so that the independence and privacy of users are enhanced, but personal isolation may be harder to address. As telecare is a means of reducing the cost of publicly provided social and health care, and the need to reduce public spending is growing, the correlative problem of isolation must be addressed alongside the goal of promoting independence. (shrink)

Surveillance is essential for communicable disease prevention and control. Traditional notification of demographic and clinical information, about individuals with selected infectious diseases, allows appropriate public health action and is protected by public health and privacy legislation, but is slow and insensitive. Big data–based electronic surveillance, by commercial bodies and government agencies, which draws on a plethora of internet- and mobile device–based sources, has been widely accepted, if not universally welcomed. Similar anonymous digital sources also contain syndromic information, which can (...) be analysed, using customised algorithms, to rapidly predict infectious disease outbreaks, but the data are nonspecific and predictions sometimes misleading. However, public health authorities could use these online sources, in combination with de-identified personal health data, to provide more accurate and earlier warning of infectious disease events—including exotic or emerging infections—even before the cause is confirmed, and allow more timely public health intervention. Achieving optimal benefits would require access to selected data from personal electronic health and laboratory records and the potential to re-identify individuals found to be involved in outbreaks, to ensure appropriate care and infection control. Despite existing widespread digital surveillance and major potential community benefits of extending its use to communicable disease control, there is considerable public disquiet about allowing public health authorities access to personal health data. Informed public discussion, greater transparency and an ethical framework will be essential to build public trust in the use of new technology for communicable disease control. (shrink)

This article details the rapid extension of the video surveillance of downtown `public' spaces. Its main argument is that this surveillance is racially differentiated, and that it zones the city differently for Blacks and whites, eroding the Black freedoms of movement and association, while leaving those of whites intact. It also considers isses of privacy as a political zone of potential social change, and raises concern about its video-electronic erosion. The argument is set within the overall argument that underneath (...) the structures of democracy totalitarian tendencies are rapidly extending their reach. (shrink)

At the most mundane level, CCTV observes bodies, and as such attaches great importance to the specific features of the human body. At the same time, however, bodies tend to disappear, as they are represented electronically by the camera monitors and, in the case of image recording, by the computer systems processing data. The roles of bodies(either as targets of surveillance or as translations into flows of disembodied information), however, are not unimportant or inconsequential, but may in fact give rise (...) to a number of tangible ethical dilemmas. Firstly, the virtual representation of the embodied actor is not a neutral, unproblematic process. Body representation techniques such as CCTV produce constructions of the subject that involve judgmental, discriminatory processes of categorisation and are based on asymmetrical relations between observers and observed. Secondly, the `data doubles' are not inconsequential: the representations of the body produced by CCTV can have palpable consequences for the embodied self and its life chances. The widespread use of CCTV could therefore give rise to individual as well as social issues, and possibly in a different manner than previous surveillance technologies. This fact signals the need for(re-)conceptualisations of moral values (such as privacy) applicable to the case of CCTV which take into account the importance of bodily protections. (shrink)

This paper looks at various ways teleworking can be linked to surveillance in employment, making recommendations about how telework can be made more acceptable. Technological methods can allow managers to monitor the actions of teleworkers as closely as they could monitor "on site" workers, and in more detail than the same managers could traditionally. Such technological methods of surveillance or monitoring have been associated with low employee morale. For an employer to ensure health and safety may require inspections of the (...) teleworkplace. When the teleworkplace is in the home, there may be an invasion of privacy associated with such inspections, that could be perceived and resented as surveillance. A problem of telework is that teleworkers may feel isolated. Methods to counter this could be associated with further forms of surveillance, and fear of such surveillance may inhibit them from reaching their potential as methods to counter isolation. The idea that teleworking may also allow communications to be intercepted by third parties is also looked at. Some, but not all, of the issues considered are applicable, to some extent, in non-teleworked employment situations. The overall conclusion of the paper is that the potential exists for surveillance to be associated with telework. Fears of such surveillance may turn actors against telework. However, much can be done to reduce such fears. (shrink)

Public video surveillance tends to be discussed in either utopian or dystopian terms: proponents maintain that camera surveillance is the perfect tool in the fight against crime, while critics argue that the use of security cameras is central to the development of a panoptic, Orwellian surveillance society. This paper provides an alternative, more nuanced view. On the basis of an empirical case study, the paper explores how camera surveillance applications do not simply augment surveillance capacities, but rather have to deal (...) with considerable uncertainties in the process of producing a continuous, effective, all‐seeing gaze. The case study shows that the actions of human operators and the operation of camera technologies each place limits on the execution of electronic visual surveillance, instead of efficiently enhancing the powers of the surveilling gaze. The analysis suggests that the effects of video surveillance are rather ambivalent and uncertain, thus showing that public camera systems are not simply beneficial or malign. (shrink)

Investigating the theoretical and empirical relationships between transparency and trust in the context of surveillance, this volume argues that neither transparency nor trust provides a simple and self-evident path for mitigating the negative political and social consequences of state surveillance practices. Dominant in both the scholarly literature and public debate is the conviction that transparency can promote better-informed decisions, greater oversight, and restore trust damaged by the secrecy of surveillance. The contributions to this volume challenge this conventional wisdom by considering (...) how relations of trust and policies of transparency are modulated by underlying power asymmetries, socio-historical legacies, economic structures, and institutional constraints. They study trust and transparency as embedded in specific socio-political contexts to show how, under certain conditions, transparency can become a tool of social control that erodes trust, while mistrust-rather than trust-can sometimes offer the most promising approach to safeguarding rights and freedom in an age of surveillance. The first book addressing the inter-relationship of trust, transparency, and surveillance practices, this volume will be of interest to scholars and students of surveillance studies as well as appeal to an interdisciplinary audience given the contributions come from political science, sociology, philosophy, law, and civil society. (shrink)

This paper presents some results of a case study of the usage of the social networking platform studiVZ by students in Salzburg, Austria. The topic is framed by the context of electronic surveillance. An online survey that was based on questionnaire that consisted of 35 (single and multiple) choice questions, 3 open-ended questions, and 5 interval-scaled questions, was carried out (N = 674). The knowledge that students have in general was assessed with by calculating a surveillance knowledge index, the (...) critical awareness towards surveillance by calculating a surveillance critique index. Knowledge about studiVZ as well as information behaviour on the platform were analyzed and related to the surveillance parameters. The results show that public information and discussion about surveillance and social networking platforms is important for activating critical information behaviour. In the case of studiVZ, a change of the terms of use in 2008 that brought about the possibility of targeted personalized advertising, was the subject of public discussions that influenced students’ knowledge and information behaviour. (shrink)

The Principles of Fair Information Practice are almost three decades old and need to be broadened to take account of new technologies for collecting personal information such as drug testing, video cameras, electronic location monitoring and the internet. I argue that the ethics of surveillance activity must be judged according to the means, the context and conditions of data collection and the uses/goals and suggest 29 questions related to this. The more one can answer these questions in a way (...) that affirms the underlying principle the more ethical the use of a tactic is likely to be. Four conditions are identified which, when breached, are likely to violate an individual's reasonable expectation of privacy. Respect for the dignity of the person is a central factor and emphasis is put on the avoidance of harm, validity, trust, notice and permission when crossing personal borders. (shrink)

The rapid spread of electronic fingerprinting not only creates new regimes of surveillance but compels users to adopt novel ways of performing their bodies to suit the new technology. This ethnography uses two Indian case studies – of a welfare office and a workplace – to unpack the processes by which biometric devices become effective tools for determining identity. While in the popular imaginary biometric technology is often associated with providing disinterested and thus objective evaluation of identity, in practice (...) ‘failures to enrol’ and ‘false rejects’ frequently cause crises of representation. People address these by tinkering with their bodies and changing the rules, and in the process craft biometric bodies. These are assembled bodies that link people and objects in ways considered advantageous for specific identity regimes. By using assemblage theory, the article proposes an alternative interpretation of new surveillance regimes as fluid practices that solidify through the agency of multiple actors who naturalize particular power/knowledge arrangements. (shrink)

Several authoritative sources have raised the possibility that computer counting and monitoring of work in automated workplaces will transform offices into electronic sweatshops. This paper examines this idea from the vantage point of industrial sociology and managerial theory. Five theoretical models are developed, each of which generates hypotheses about the contexts in which work monitoring becomes important. A brief history of clerical work is given which shows the antecedents of surveillance and work-measurement in this sphere, and a case study (...) of control in an automated office is presented in order to illustrate certain practical limitations on the use of computer surveillance. These insights are combined into a synthetic model which describes those contexts in which surveillance would be likely to result in speed-ups, and those where it would not. (shrink)

Patient online record access (ORA) is spreading worldwide, and in some countries, including Sweden, and the USA, access is advanced with patients obtaining rapid access to their full records. In the UK context, from 31 October 2023 as part of the new NHS England general practitioner (GP) contract it will be mandatory for GPs to offer ORA to patients aged 16 and older. Patients report many benefits from reading their clinical records including feeling more empowered, better understanding and remembering their (...) treatment plan, and greater awareness about medications including possible adverse effects. However, a variety of indirect evidence suggests these benefits are unlikely to accrue without supplementation from internet-based resources. Using such routes to augment interpretation of the data and notes housed in electronic health records, however, comes with trade-offs in terms of exposing sensitive patient information to internet corporations. Furthermore, increased work burdens on clinicians, including the unique demands of ORA, combined with the easy availability and capability of a new generation of large language model (LLM)-powered chatbots, create a perfect collision course for exposing sensitive patient information to private tech companies. This paper surveys how ORA intersects with internet associated privacy risks and offers a variety of multilevel suggestions for how these risks might be better mitigated. (shrink)

The Centers for Disease Control and Prevention’s goal is to develop a surveillance system of public health laws that would both support research and analysis among policymakers and legislators, and support the scientific basis for public health law. This session was convened, in part, to discuss the value of creating an electronic system to track public health legal information. Public health surveillance is the “ongoing, systematic collection, analysis, interpretation, and dissemination of data regarding a health-related event for use in (...) public health action to reduce morbidity and mortality and to improve health. Data disseminated by a public health surveillance system can be used for immediate public health action, program planning and evaluation, and formulating research hypotheses.” There is currently no system available that meets the goals of this definition of “surveillance” for public health laws. (shrink)

The Centers for Disease Control and Prevention’s goal is to develop a surveillance system of public health laws that would both support research and analysis among policymakers and legislators, and support the scientific basis for public health law. This session was convened, in part, to discuss the value of creating an electronic system to track public health legal information. Public health surveillance is the “ongoing, systematic collection, analysis, interpretation, and dissemination of data regarding a health-related event for use in (...) public health action to reduce morbidity and mortality and to improve health. Data disseminated by a public health surveillance system can be used for immediate public health action, program planning and evaluation, and formulating research hypotheses.” There is currently no system available that meets the goals of this definition of “surveillance” for public health laws. (shrink)

The goal of this paper is to offer, in straight forward terms, some practical insight into distributed data surveillance. I will use the software project Carnivore as a case study. Carnivore is a public domain riff on the U.S. Federal Bureau of Investigation’s software “Carnivore,” which was developed to perform electronic wiretaps of email. As founder of the Radical Software Group (RSG), and lead developer on the Carnivore project, I will describe the technological, philosophical, and political reasons for launching (...) the project. I will also offer an account of the development cycle of the core engine, identify trends in “client” interface designs, and present a series of design challenges that still remain. (shrink)

For decades, health information has been collected and shared for health care delivery and public health purposes. While the “primary use” of patient data for providing direct health care services is the cornerstone of health care practice, health departments rely on data sharing for research and analysis to support disease prevention and health promotion in the population. As the U.S. health system undergoes a digital revolution, health information that was previously captured in paper form now can be captured electronically. (...) class='Hi'>Electronic health information has transformed the efficiency, capacity, and functions of the U.S. health system. For this reason, there is increased attention to the “secondary use” of electronic patient data for public health uses, including disease reporting and investigation, syndromic surveillance, and patient-specific or population-level communications about health conditions and their associated risk factors. Secondary uses may also encompass clinical research, licensure, and payment for services. (shrink)

A 1998 Cincinnati Enquirer investigation into the Central American labor practices of Chiquita Brands International was substantiated by the taped words of company officials themselves. Yet, soon after publication, the Enquirer ran a stunning front-page retraction and disavowed the report without challenging its claims. The Gannett Corporation, the paper's owner, paid Chiquita $14 million to avoid a suit. The resultant outcry by journalists was directed not at Gannett, but at lead reporter Michael Gallagher, who had surreptitiously accessed Chiquita voice mail (...) to support his allegations. Rather than being lauded as a tough investigative reporter serving a greater good, Gallagher was fired, convicted, sued by Chiquita, and vilified in the media. Was the backlash driven simply by higher ethical standards or also by anxieties about intrusive technology? A reexamination of the case suggests the latter explanation and helps frame an evolving debate about electronic eavesdropping by the media. (shrink)

– Pharmacy sales of over‐the‐counter medicines in the UK represent an economically significant and important mechanism by which customers self‐medicate. Sales are supervised in pharmacies, but this paper seeks to question whether patients' electronic health records – due to be introduced nationally – could be used, ethically, by pharmacists to ensure safe medicines sales., – Using theoretical arguments, three areas of ethical concern are identified and explored in relation to pharmacists' access to EHRs‐consequentialsim, analogies and confidentiality/privacy., – Consequentialist arguments (...) include positive benefits to customer's welfare and control of medicine of abuse, but negative economic healthcare burdens and consequences due to potentially increased or paradoxically, decreased presentation of patients to doctors. Socially accepted analogous practices – credit checks, existing pharmacy access to information and hospital treatment – are then argued to be ethically relevant and supportive of access. Privacy and confidentiality are then considered as reasons not to allow EHR access. A contrasting view is that pharmacy access to EHRs is another form of surveillance and hence the question of pharmacists' assess to EHRs may be answered negatively by empirical research that locates pharmacy customers as expert users and identifies confidentiality and privacy concerns about information technology in healthcare more generally., – This paper offers a unique and valuable contribution to the debate about healthcare professionals' role‐based access to patients' medical records and offers a reflection on the ethical concerns surrounding patient information and the rival concerns of patient qua customer autonomy and safety. (shrink)

While the balance between individual privacy and government monitoring or corporate surveillance has been a frequent topic across numerous disciplines, the issue of privacy within the family has been largely ignored in recent privacy debates. Yet privacy intrusions between parents and children or between adult partners or spouses can be just as profound as those found in the more “public spheres” of life. 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. Parents are tracking children via GPS-enabled cell phone tracking software and are monitoring the Internet use of family members. Parents, siblings, and children are also posting information about their family members online, often without consent, and are creating social media profiles for others online. Prior scholarly work in philosophy and law has primarily addressed the privacy of children from third parties, usually commercial entities, and in the context of making medical decisions. Less attention has been directed at exploring a more general right of privacy of one family member against parents, siblings, children, or spouses. In this article, we do just that. We consider several moral rules that determine appropriate privacy boundaries within the family. More specifically, we will consider when overt or covert surveillance of a child, spouse, or partner by an adult family member is morally permitted. (shrink)

New technologies and practices, such as drug testing, genetic testing, and electronic surveillance infringe upon the privacy of workers on workplaces. We argue that employees have a prima facie right to privacy, but this right can be overridden by competing moral principles that follow, explicitly or implicitly, from the contract of employment. We propose a set of criteria for when intrusions into an employee''s privacy are justified. Three types of justification are specified, namely those that refer to the employer''s (...) interests, to the interests of the employee her- or himself, and to the interests of third parties such as customers and fellow workers. For each of these three types, sub-criteria are proposed that can be used to determine whether a particular infringement into an employee''s privacy is morally justified or not. (shrink)

There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in (...) which the rule of law seems expendable—began many years after 9/11 and continues to this day. One way to describe this book is an examination of the moral limits on modern police practices that flow from the basic legal and political tenets of the liberal tradition. The central argument is that policing in liberal states is constrained by a liberal conception of persons coupled with particular rule of law principles. Part I consists of three chapters that constitute the book’s theoretical foundation, including an overview of the police’s law enforcement role in the liberal polity and a methodology for evaluating that role. Part II consists of three chapters that address applications of the theory, including the police’s use of informants, deceptive operations, and surveillance. The upshot is that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets. [This is an uncorrected draft of the book's preface and introduction, forthcoming from Oxford University Press.]. (shrink)

This book starts from the proposition that the field of intelligence lacks any systematic ethical review, and then develops a framework based on the notion of harm and the establishment of Just Intelligence Principles. As the professional practice of intelligence collection adapts to the changing environment of the twenty-first century, many academic experts and intelligence professionals have called for a coherent ethical framework that outlines exactly when, by what means and to what ends intelligence is justified. Recent controversies, including reports (...) of abuse at Guantanamo Bay and Abu Ghraib, allegations of extraordinary rendition programmes and the ever-increasing pervasiveness of the ‘surveillance state’, have all raised concerns regarding the role of intelligence in society. As a result, there is increased debate regarding the question of whether or not intelligence collection can be carried out ethically. _The Ethics of Intelligence_ tackles this question by creating an ethical framework specifically designed for intelligence that is capable of outlining under what circumstances, if any, different intelligence collection activities are ethically permissible. The book examines three of the main collection disciplines in the field of intelligence studies: imagery intelligence, signals intelligence and human intelligence. By applying the ethical framework established at the beginning of the book to these three important intelligence collection disciplines, it is possible to better understand the ethical framework while also demonstrating its real-life applicability. This book will be of much interest to students of intelligence studies, ethics, war and conflict studies, security studies and IR. (shrink)

The essential premise of the human-centered technology paradigm was clearly formulated by Howard Rosenbrock in the 1970s: technology should enrich rather than impoverish people’s work and life conditions. The increasing influence of technology in modern societies has been seen by some as offering great promise for the future, but by others as creating the electronic surveillance and/or manipulation of human genes, minds and beliefs. This paper approaches technological worlds as cultural visions in order to discuss and reflect the paradoxical (...) process of viewing technology as part of a hope for a more sustainable and human-centered future as well as part of an apocalypse of surveillance, violence and catastrophes. (shrink)

The concept of privacy is intimately related to epistemological concepts such as information and knowledge, yet for the longest time had received only scant attention from epistemologists. This has begun to change in recent years, and different philosophical accounts have been proposed. On the liberal model of privacy, what privacy aims at is the protection of individuals from interference in personal matters. On the (more narrowly epistemological) informational model, privacy is a matter of limiting access to (or maintaining control over) (...) certain types of information. Furthermore, it is sometimes claimed that privacy aims at preventing the formation of (potentially negative) judgments by others. This paper compares and contrasts the various approaches and identifies a number of shortcomings. It then outlines an alternative account, the disattendability/civil inattention model of privacy, according to which what constitutes a breach of privacy is neither the acquisition of new information per se, nor the formation of judgments by others, but the fact that undue attention is being paid to routinized (or otherwise unobtrusive) aspects of the target’s everyday life. This account, it is argued, is explanatorily superior to its competitors, in that it accounts both for the cultural contingency of privacy conventions and for the emergence of new threats to privacy (e.g. from electronic surveillance). The paper concludes by reflecting on remaining tensions within the proposed account of privacy and by commenting on its social ramifications. (shrink)

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred (...) congressional "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

The Internet has a dark side that disproportionately affects women. In this chapter I will look at three forms of online abuse: Posting non-consensual nude photographs or videos, Cyberstalking, and Doxing—publishing private information that could lead to identity theft. The result can be loss of jobs, electronic surveillance, threatened rape or murder, scare tactics and being targeted for unwanted attention. I discuss the sorts of problems—and harms—of each of these and note some of the steps that have been taken (...) to address online violence. (shrink)

Peu de notions semblent a priori aussi vertueuses, donc aussi inoffensives, que celle de " transparence ", synonyme de clarté, de sincérité voire de rectitude morale. Mais en philosophie, c'est bien connu, aucun concept n'est bon ou mauvais en soi. Et, à y bien regarder, rien n'est si clair qu'il n'y paraît lorsqu'il s'agit de transparence. Chaque citoyen a par exemple le droit d'être informé de la façon la plus objective. Faut-il pour autant tout montrer dans les médias, y compris (...) les images les plus choquantes? Si ce même citoyen se plaît à mettre en scène son intimité sur les réseaux sociaux, doit-il pour autant ne pas s'inquiéter de l'utilisation marchande ou sécuritaire de ses données personnelles? Si un homme politique a pour obligation d'être irréprochable, peut-il tolérer d'être constamment épié, y compris jusque dans sa vie privée? Cette recherche sans limite de " transparence " est en train de gommer une frontière qu'on croyait jusqu'ici sacrée : celle qui sépare l'espace publique de l'espace privé. Qu'il s'agisse de la presse à scandale ou de la téléréalité, de la vie de nos dirigeants, du traitement de l'information par les médias ou des nouvelles technologies, l'exigence de transparence s'est imposée dans tous les domaines de la société, glissant subrepticement de l'injonction morale au fantasme de contrôle absolu, au risque de nous conduire à la lisière du totalitarisme. C'est sur ce danger que Mazarine Pingeot a souhaité attirer l'attention. (shrink)

A growing literature addresses the ethical implications of electronic surveillance at work, frequently assigning ethical priority to values such as the right to privacy. This paper suggests that, in practice, the issues are sociologically more complex than some accounts suggest. This is because many workplace electronic technologies not designed or deployed for surveillance purposes nevertheless embody surveillance capacity. This capacity may not be immediately obvious to participants or lend itself to simple deployment. Moreover, because of their primary functions, (...) such systems embody a range of other features which are potentially beneficial for those utilising them. As a result, more complex ethical dilemmas emerge as different desired goods compete for priority in the decision-making of individuals and groups. From a sociological point of view this raises interesting questions about the way ethical dilemmas arise in the context of the ongoing social relationships of work. The paper explores these issues using data from a study of the development and implementation of a computerised instructional package in a maternity setting. This medical setting illustrates clearly how seeking to assign ethical priority to a particular concern, such as the right to privacy, cannot but oversimplify the real day to day dilemmas encountered by participants. At the same time,the example of the instructional package demonstrates that it is difficult to predict in advance what ethical issues will be raised by technologies that almost always turn out to have a range of capabilities beyond those envisaged in their original design specification. (shrink)

Informed by evidence from past studies and experiences with epidemics, an intervention combining quarantine, lockdowns, curfews, social distancing, and washing of hands has been adopted as “international best practice” in COVID-19 response. With massive total lockdowns complemented by electronic surveillance, China successfully controlled the pandemic in country within a few months. But would this work for Africa and other communalistic resource-poor settings where social togetherness translates to effective sharing of basic needs? What ethical and practical challenges would this pose? (...) How would communalism be translated in special contexts to be useful in contributing to the ultimate common good? This paper uses examples from the current situation of COVID-19 in Kenya to address these questions. (shrink)

“One day the day will come when the day will not come.” Bleak, but passionately political in its analysis of the social destruction wrought by modern technologies of communication and surveillance, Open Sky is Paul Virilio's most far-reaching and radical book. Deepening and extending his earlier work, he explores the growing danger of what he calls a “generalized accident,” provoked by the breakdown of our collective and individual relation to time, space and movement in the context of global electronic (...) media. But this is not merely a lucid and disturbing lament for the loss of real geographical spaces, distance, intimacy or democracy. Open Sky is also a call for revolt—against the insidious and accelerating manipulation of perception by the electronic media and repressive political power, against the tyranny of “real time,” and against the infantilism of cyberhype. Virilio makes a powerful case for a new ethics of perception, and a new ecology, one which will not only strive to protect the natural world from pollution and destruction, but will also combat the devastation of urban communities by proliferating technologies of control and virtuality. (shrink)

The accelerating adoption of electronic health record systems will have profound impacts on clinical care. It will also have far-reaching implications for public health research and surveillance, which in turn could lead to changes in public policy, statutes, and regulations. The public health benefits of EHR use can be significant. However, researchers and analysts who rely on EHR data must proceed with caution and understand the potential limitations of EHRs.Much has been written about the risk of EHR privacy breaches. (...) This paper focuses on a different set of concerns, those relating to data quality. Unlike clinical trial data, EHR data is not recorded primarily to meet the needs of researchers. Because of clinicians’ workloads, poor user-interface design, and other factors, EHR data is surprisingly likely to be erroneous, miscoded, fragmented, and incomplete. Although EHRs eliminate the problem of cryptic handwriting, other kinds of errors are more common with EHRs than with paper records. (shrink)

In contrast to China’s efforts to upgrade its system of governance around a stupefying amount of data collection and electronic scoring, countries committed to democracy and human rights did not upgrade their systems. Instead, those countries ended up with surveillance capitalism. It is vital for the survival of those ideas about governance to perform such an upgrade. This paper aims to contribute to that goal. I propose a framework of epistemic actorhood in terms of four roles and characterize digital (...) lifeworlds and what matters about them both in terms of how they fit in with Max Tegmark’s distinctions among stages of life and in terms of how they generate their own episteme, the data episteme, with its immense possibilities of infopower. Epistemic rights that strengthen existing human rights – as part of a fourth generation of rights – are needed to protect epistemic actorhood in those roles. In the long run, we might well need a new kind of right, the right to the exercise of genuinely human intelligence. (shrink)

The privacy concerns discussed in the 1990s in relation to the New Genetics failed to anticipate the relevant issues for individuals, families, geneticists and society. Consumers, for example, can now buy their personal genetic information and share it online. The challenges facing genetic privacy have evolved as new biotechnologies have developed, and personal privacy is increasingly challenged by the irrepressible flow of electronic data between the personal and public spheres and by surveillance for terrorism and security risks. This book (...) considers the right to know and the right not to know about your own and others’ genomes. It discusses new privacy concerns and developments in ethical thinking, with the greater emphasis on solidarity and equity. The multidisciplinary approach covers current topics such as biobanks and forensic databases, DIY testing, group rights and accountability, the food we eat and the role of the press and the new digital media. (shrink)

Supermax prisons are often described as "high_tech." Observers seem to mean two things by this. The first is that these "prisons within prisons" are a technology in themselves: hard_edged and brightly lit, the fortress_like supermax clearly signals its specialized purpose of isolation and control. The second is that supermax prisons rely heavily on specialized, relatively new technologies: computerized systems produce new forms of intensive surveillance while special teams armed with electronic shields maintain control over prisoners.But as Leo Marx observed (...) several years ago in this journal, "technology is a hazardous concept" . We need to see the technology of the supermax prison in these terms if we are to understand its effects. My aim here is to consider three aspects of the technology of supermax. The first is the sense in which the supermax prison is itself a "machine" _ a specific invention with a purpose and meaning closely linked to its features as a technology. This aspect is important for understanding what makes the construction of these prisons so attractive to correctional professionals and so seemingly acceptable to the general public. The second aspect is the use of specialized tools of control inside the supermax prison. These internal solutions to problems of order _ I will discuss computerized surveillance, special response teams, and stun technology _ offer clues to how specific technologies intersect with intensive confinement to frame punishment as decisive "action" produced by prisoners' "choices" and analogous to "war." Finally, supermax technology imposes specific practices and ways of being on both prisoners and prison staff. These need to be understood not only for how they augment and intensify other negative aspects of these environments, but also for their potential to affect prisoners in quite different ways depending on individual vulnerabilities.A common theme running through my discussion of each of these aspects of supermax is that the appearance of specialized technology constitutes what Garland describes, for penal practices in general, as a "signifying practice" . Beyond its immediate effects during use, supermax technology offers the cultural gloss of a "high_tech solution" that helps to frame problems _ some of them caused by supermax confinement in the first place _ largely in terms of their susceptibility to technical intervention. In other contexts "technology" signifies a "clean," profitable, scientific, and masculine approach: direct action on manageable problems. The spillover of this imagery into prisons _ in association with other meanings of crime and punishment _ is one element serving to obscure the larger issues posed by mass incarceration. As Marx points out, the reification of technology has the effect of producing an aura of inevitability. I will return to this point at the end to consider briefly how a framing of supermax primarily in terms of technology can itself be seen as hazardous. (shrink)

Increasingly widespread adoption of health information technology tools in clinical care increases interest in ethical and legal issues related to the use of these tools for public health and the effects of these uses on the clinician-patient relationship. It is argued that patients, clinicians, and society have generally uncontroversial duties to support civil society's public health mission, information technology supports this mission, and the effects of automated and computerized public health surveillance are likely to have little if any effect on (...) the clinician-patient relationship. It is also suggested, nevertheless, that electronic public health surveillance raises interesting and important ethical issues, some of which can be addressed if not resolved by empirical research, especially regarding patient preferences about secondary use of health data and their moral obligation to contribute to population- based health. (shrink)

One of the largest, oldest, and most interesting challenges in health care is the balancing act in which clinicians have generally uncontroversial duties both to individual patients and to communities. Physicians and nurses must — so we teach them — put patients first, and at the same time recognize that individuals are members of communities. Individuals affect the health of communities, and communities affect the health of individuals. Thus, the moral and professional duties that result are sometimes in conflict.Moreover, the (...) traditional, prosaic clinical encounter is evolving in an environment increasingly shaped by electronic health records, personal health records, pharmacogenomics and vast networks of data collection and storage for public health surveillance, human subjects research, health services evaluation, and comparative effectiveness research. Health information technology is changing everything. It would be perverse otherwise: imagine large amounts of data and information either ignored, missed, or collected and then ignored. (shrink)