Use of the concept of `areasonable person and his or her expectations'is widely found in legal reasoning. This legalconstruct is employed in the present article toexamine privacy questions associated withcontemporary information technology, especiallythe internet. In particular, reasonableexpectations of privacy while browsing theworld-wide-web and while sending and receivinge-mail are analyzed.

Throughout the longstanding debate on privacy, the concept has been framed in various ways. Most often it has been discussed as an area within which individuals rightfully may expect to be left alone and in terms of certain data that they should be entitled to control. The sphere in which individuals should be granted freedom from intrusion has typically been equated with the indisputably private domestic sphere. Privacy claims in the semi-public area of work have not been sufficiently (...) investigated. In this article, the case is made that employees have reasonable expectations on privacy at work. Firstly, in a descriptive analysis, employees’ need for workspace privacy is spelt out. Secondly, a normative analysis explicates the reasons why privacy should be protected. The main thrust is to provide a more inclusive privacy concept and hence, a more adequate basis for privacy protection legislation and codes in the area of work. Contrary to prevailing workplace privacy protection, employees’ need for local privacy should be accommodated as well as informational privacy. (shrink)

ABSTRACT:The oft-cited privacy paradox is the perceived disconnect between individuals’ stated privacy expectations, as captured in surveys, and consumer market behavior in going online: individuals purport to value privacy yet still disclose information to firms. The goal of this paper is to empirically examine the conceptualization of privacy postdisclosure assumed in the privacy paradox. Contrary to the privacy paradox, the results here suggest consumers retain strong privacy expectations even after disclosing information. Privacy (...) violations are valued akin to security violations in creating distrust in firms and in consumer willingness to engage with firms. This paper broadens the scope of corporate responsibility to suggest firms have a positive obligation to identify reasonable expectations of privacy of consumers. In addition, research perpetuating the privacy paradox, through the mistaken framing of disclosure as proof of anti-privacy behavior, gives license to firms to act contrary to the interests of consumers. (shrink)

Current technology and surveillance practices make behaviors traceable to persons in unprecedented ways. This causes a loss of anonymity and of many privacy measures relied on in the past. These de facto privacy losses are by many seen as problematic for individual psychology, intimate relations and democratic practices such as free speech and free assembly. I share most of these concerns but propose that an even more fundamental problem might be that our very ability to act as autonomous (...) and purposive agents relies on some degree of privacy, perhaps particularly as we act in public and semi-public spaces. I suggest that basic issues concerning action choices have been left largely unexplored, due to a series of problematic theoretical assumptions at the heart of privacy debates. One such assumption has to do with the influential conceptualization of privacy as pertaining to personal intimate facts belonging to a private sphere as opposed to a public sphere of public facts. As Helen Nissenbaum has pointed out, the notion of privacy in public sounds almost like an oxymoron given this traditional private-public dichotomy. I discuss her important attempt to defend privacy in public through her concept of ‘contextual integrity.’ Context is crucial, but Nissenbaum’s descriptive notion of existing norms seems to fall short of a solution. I here agree with Joel Reidenberg’s recent worries regarding any approach that relies on ‘reasonable expectations’ . The problem is that in many current contexts we have no such expectations. Our contexts have already lost their integrity, so to speak. By way of a functional and more biologically inspired account, I analyze the relational and contextual dynamics of both privacy needs and harms. Through an understanding of action choice as situated and options and capabilities as relational, a more consequence-oriented notion of privacy begins to appear. I suggest that privacy needs, harms and protections are relational. Privacy might have less to do with seclusion and absolute transactional control than hitherto thought. It might instead hinge on capacities to limit the social consequences of our actions through knowing and shaping our perceptible agency and social contexts of action. To act with intent we generally need the ability to conceal during exposure. If this analysis is correct then relational privacy is an important condition for autonomic purposive and responsible agency—particularly in public space. Overall, this chapter offers a first stab at a reconceptualization of our privacy needs as relational to contexts of action. In terms of ‘rights to privacy’ this means that we should expand our view from the regulation and protection of the information of individuals to questions of the kind of contexts we are creating. I am here particularly interested in what I call ‘unbounded contexts’, i.e. cases of context collapses, hidden audiences and even unknowable future agents. (shrink)

Drawing on themes important in moral and political philosophy, much of the scholarship on the constitutional law of privacy in the United States distinguishes between privacy understood as a person's control over information and privacy understood as a person's ability to make autonomous decisions. For example, Katz v. United States established the framework for analyzing whether police activity constituted a “search” subject to the Fourth Amendment's requirement that the police either obtain a warrant before conducting a search (...) or otherwise act reasonably. The defendant was a professional gambler who knew enough about police techniques to use a public telephone to make his business calls. Police agents attached a listening device to the outside of the phone booth, and sought to use the recordings against the defendant. The Supreme Court agreed with the defendant that the Fourth Amendment had been violated. Justice John Marshall Harlan's influential concurring opinion asserted that a person's privacy, in the sense of control over information, depended on two factors: “that a person have exhibited an actual expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable.’” Fourth Amendment cases like Katz involve informational control; they define the circumstances under which the government may acquire information from or about a person without first obtaining the person's agreement. In contrast, cases like Griswold v. Connecticut, which barred the state from making it a criminal offense to use contraceptives, and Roe v. Wade, which restricted the state's power to prohibit or regulate abortions, used the language of privacy rights to protect a much broader interest in autonomous decision-making. Seeing these cases and related ones through lenseees provided by moral and political philosophy, scholars have attempted to describe what a morally sound constitutional law of privacy would be, and the broadest sense, dworkinian. That is, they seek to provide an account of privacy with two characteristics: it is broadly consistent with the relevant constitutional decisions, and it is the most morally attractive account possible that satisfies the requirement of consistency with the decisions. (shrink)

In this chapter, Macnish and Asgarinia introduce current thinking and debate around issues of privacy as these relate to the media. Starting with controversies over the definition of privacy, they consider what the content of privacy should be and why it is we consider privacy to be valuable. This latter includes the social implications of privacy and the only recently-recognised concept of group privacy, contrasting it with individual privacy, as well as legal implications (...) arising through laws such as the European Union’s General Data Protection Regulation, concerning the collection of personal data and data subjects’ rights. Finally they turn to specific instances of privacy consideration in the media. These include: -/- The use of telephoto lenses to take pictures of celebrities at a distance without those celebrities’ permission (and the related question as to what is a reasonable expectation of privacy when in a public place); -/- Sharing information on social media (and the related question of whether those who share their data on social networking sites care about their privacy), as well as the availability of data online to research, even though that data has not always been posted for the purposes of research; -/- The challenges posed by anonymity online, including the trade-off between free expression and offensive expression; -/- Hacking and the meaning of fishing expeditions as a practice by the media and exploring what, if anything, is wrong with these; -/- The implications of invading the privacy of politicians, both as a defence of democracy and as a threat to democracy. (shrink)

This article addresses the question of whether an expectation of privacy is reasonable in the face of new technologies of surveillance, by developing a principle that best fits our intuitions. A "no sense enhancement" principle which would rule out searches using technologically sophisticated devices is rejected. The paper instead argues for the "mischance principle," which proscribes uses of technology that reveal what could not plausibly be discovered accidentally without the technology, subject to the proviso that searches that (...) serve a great public good that clearly outweighs minimal intrusions upon privacy are permissible. Justifications of the principle are discussed, including reasons why we should use the principle and not rely solely on a utilitarian balancing test. The principle is applied to uses of aerial photography and heat-detection devices. (shrink)

The starting point of this article is that employees’ chances of securing reasonable expectations of privacy at work must be better protected. A dependency asymmetry between employer and job-applicant implies that prospective employees are in a disadvantaged position vis à vis the employer regarding the chances of defending their reasonable interests. Since an increased usage of work related surveillance will, to a larger extent, require of job-applicants that they negotiate their privacy interests in employment contracting, it (...) is important to consider means of strengthening employees’ negotiating power. This article emphasizes the importance of contextualizing consent for contractual agreements to be ethically acceptable. (shrink)

We consider the privacy of personal information on the World Wide Web, emphasizing a concept of privacy as an aspect of social relationships between individuals. We make three contributions to understanding the right to privacy on the Web: we highlight the role of informed consent as an important consideration for privacy, we identify conditions under which the collection and centralization of personal information can be ethically justified, and we offer an interpretation of a "reasonable (...) class='Hi'>expectation of privacy" for Internet cookies, a mechanism used by Web sites to remember information about visits to that site.The views, opinions, and conclusions of this paper are not necessarily those of the University of Illinois. Preliminary versions of this paper were presented at the Seventh Annual Meeting of the Association for Practical and Professional Ethics, Dallas, TX, February 26[28, 1998, and the ACM Policy 98 Conference, Washington D.C., May 10-12, 1998.Address for correspondence: Michael C. Loui, Graduate College, 801 S. Wright Street, Champaign, IL 61820-6210, e-mail: [email protected], telephone: 333-6715, fax: 333-8019. (shrink)

We analyse the contention that privacy is an alien concept within Japanese society, put forward in various presentations of Japanese cultural norms at least as far back as Benedict in The chrysanthemum and the sword: patterns of Japanese culture. Houghton Mifflin, Boston, 1946. In this paper we distinguish between information privacy and physical privacy. As we show, there is good evidence for social norms of limits on the sharing and use of personal information (i.e. information privacy) (...) from traditional interactions in Japanese society, as well as constitutional evidence from the late 19th century (in the Meiji Constitution of 1889). In this context the growing awareness of the Japanese public about problems with networked information processing by public sector and commercial organisations from the 1980s (when a law governing public sector use of personal information was first passed) to recent years (when that law was updated and a first law governing commercial use of personal information was adopted) are not the imposition or adoption of foreign practices nor solely an attempt to lead Japanese society into coherence with the rest of the OECD. Instead they are drawing on the experience of the rest of the developed world in developing legal responses to the breakdown of social norms governing interchange and use of personal information, stressed by the architectural changes wrought by networked information processing capabilities. This claim is supported by consideration of standard models of Japanese social interactions as well as of Supreme Court judgements declaring reasonable expectations of protection of privacy to hold in Japan. (shrink)

New technologies of surveillance such as Global Positioning Systems (GPS) are increasingly used as convenient substitutes for conventional means of observation. Recent court decisions hold that the government may, without a warrant, use a GPS to track a vehicle’s movements in public places without violating the 4th Amendment, as the vehicle is in plain view and no reasonable expectation of privacy is violated. This emerging consensus of opinions fails to distinguish the unreasonable expectation that we not (...) be seen in public, from the reasonable expectation that we not be followed. Drawing on a critical discussion of the plain view doctrine, analysis of privacy interests in public places, and distinguishing privacy from property interests, the article contends that government use of GPS to track our movements should require a warrant. (shrink)

This paper explores the degree of privacy athletes can expect and demand in the era of genetic technology in sport. Detecting genetic enhancements in sport, and consequently doping violations, using genetic tests is problematic because testing requires access to athletes' genetic information, and accessing genetic information creates many potential privacy issues and concerns throughout the world. Whether it is morally acceptable to subject athletes to the tests used to detect genetic modifications in sport is taken up in this (...) paper, and I argue that the elite sport movement faces an ethical dilemma since rules prohibit athletes from utilising certain substances, methods and procedures, but the testing methods needed to ensure compliance with the rules are controversial and at odds with a reasonable expectation of privacy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Role of Glass in Interior Architecture:Aesthetics, Community, and PrivacyMatthew Ziff (bio)Design education seeks to infuse students with knowledge, skills, and attitudes, regarding the design of the built environment. In the areas of knowledge and attitude, sophistication and competence are developed through both practice (largely carried out in the design studio environment), and engagement with critical analysis (largely carried out in seminar classes and traditional lecture format class environments). (...) For design students the world of design is both to be known and understood, and to be created, at their own studio desk. In order to both know and create design, students often behave like nocturnal predators, seeking what is necessary in a mode that is often unobserved, and then returning to digest their catch, to produce responsive and synthetic work. One arena in which design students find rich fields of information is that of material characteristics. Materials used in the design and construction of the built environment form a significant portion of the skeleton of a designer's body of knowledge, skills, and attitudes toward design. A current hotbed of material character and application is that of the world of glass. This essay is an exploration of some of the issues that the architectural uses of glass raise from the point of view of design student exploration.Materials evoke physical and psychological responses. Human beings are complex creatures and an individual's response to specific material applications can be unpredictable. Even so, it is reasonable to expect that there are shared attitudes that form the basis for responses to the physical character of the built environment. From delight, to confusion, materials used in the architecture of things large and small, from buildings to fountain pens, contain literal meaning, or expression of method, as well as possible symbolic and cultural meaning. The contemporary use of glass, particularly in interior architecture, presents a vivid arena for emotional and intellectual stimulation and response. [End Page 10]Glass planes that are sheer, opaque, translucent, colorful, brittle, imposing in mass, irregular in surface texture, flawlessly smooth, deformed through casting or by application of pressure and heat, are being used to create spaces that convey ambiguous relationships between private experience and public display. What is an ambiguous relationship? It is one to which a reasonable response is a high degree of uncertainty regarding the course of action one might take, or in the degree of understanding of the context one can develop. To know that the stair in the train station leads to track 4 is a condition that can be created by the use of unambiguous design; a visual connection from where one has to make a choice of paths to follow to the destination, track 4, creates a clear understanding of where track 4 is to be found. If track 4 can be seen from the position at which a choice is required, then certainty, clarity, is possible, if not probable. Visual connection is exactly what clear glass allows, and provides, yet ambiguity results because of the physical, hard barrier, transparency aside. "I can see track 4, but I cannot get there". The clarity provided by being able to see through glass, or even by being able to see light coming through translucent glass, is not sufficient to offset the uncertainty, or the mixed message, of not being able to get there, to touch what we can see.Glass in interiors offers a tactile and sensory titillation; the excitement of knowing that with a single swing of a hammer, or an umbrella handle, the beautiful sheet of curved frosted lemon ice colored tempered glass can be shattered into fragments.Windows have long been the predominant interior and exterior architectural element in which glass has played a major role. The glass used in Windows on the World, the famous restaurant atop the World Trade Center, destroyed during its collapse, and the glass used in a simple double hung window in a one story ranch house each share architectural duties of providing view from inside to outside, light transmission from outside to inside, heat gain, and acoustical isolation. Human eyes are sometimes described as "windows to the soul," which suggests the ability to... (shrink)

This article first describes some of the chief contrasts between Judaism and American secularism in their underlying convictions about the business environment and the expectations which all involved in business can have of each other—namely, duties vs. rights,communitarianism vs. individualism, and ties to God and to the environment based on our inherent status as God’s creatures rather than on our pragmatic choice. Conservative Judaism’s methodology for plumbing the Jewish tradition for guidance is described and contrasted to those of Orthodox and (...) Reform Judaism.One example of how Conservative Judaism can inform us on a current matter is developed at some length—namely, privacy in the workplace. That section discusses (1) the reasons for protecting privacy; (2) protection from intrusion, including employer spying; (3) protection from disclosure of that intended to remain private; (4) individualistic vs. communitarian approaches to grounding the concern for privacy; and (5) contemporary implications for insuring privacy in business. (shrink)

Many philosophers think that a necessary condition on moral blameworthiness is that the wrongdoer can reasonably be expected to avoid the action for which she is blamed. Those who think so assume as a matter of course that the expectations at issue here are normative expectations that contrast with the non-normative or predictive expectations we form concerning the probable conduct of others, and they believe, or at least assume, that there is a clear-cut distinction between the two. In this paper (...) I put this widespread assumption under scrutiny and argue that it’s mistaken: although predictive and normative expectations are indeed distinct, there is no sharp separation between them. On the contrary, predictive expectations can have a substantial bearing on normative expectations in two related ways: they can recalibrate what is reasonable to expect of agents when responsibility attributions are at stake and they can help to uncover previously undetected excusing conditions. I illustrate my claims with the famous bystander effect from social psychology and show that it yields predictive expectations that affect normative expectations in these two ways. (shrink)

This chapter distinguishes between several senses of “normativity”. For example, that we ought to abstain from causing unnecessary suffering is a normative, not descriptive, claim. And so is the claim that we have good reason, and ought to drive on the right, or left, side of the road because the law requires us to do that. Reasons and oughts are normative, by definition. Indeed, it may be that “[t]he normativity of all that is normative consists in the way it is, (...) or provides, or is otherwise related to reasons” (Raz 1999, 67) . That is what the “reasons-first” view holds, but there are also other views, and what is by definition a normative statement, or a normative fact if you like, depends on how we define normativity. -/- It may seem that requirements are also by definition normative. But it seems that there can also be requirements that one has no reason to meet: it is less clear whether such requirements are normative in the same sense that reasons and oughts are normative. This paper will go through various further phenomena, which are candidates for being normative in some other sense than normative reasons and oughts, defending however the view that not all of them are. But arguably four or so different senses of normativity can be distinguished. -/- The paper will accept the view that the normativity of reasons and oughts, which is here called normativity1, is central. It is an open question whether all requirements or expectations or socially constructed norms are normative in that sense. Arguably it depends on the contents and content-independent authority of the legislators, whether we have good reasons, or ought, to meet the requirements, obey the law, or to follow the etiquette, or to conform to others’ interpersonal expectations, requests, demands or prescriptions. Whether and when we do have such reasons is a difficult and important substantive question, which concerns the normativity1 of requirements of law. -/- In another sense, norms (intended to guide behavior) are trivially or by definition normative, and constitute normativity: some forms of behavior are ruled as acceptable (e.g. driving on the right) and others as unacceptable (e.g. driving on the left) in light of the norm. Even in the case of a bad norm (that we have no reason to follow, and which ought to be changed, and ought not prevail) classifies behaviours as acceptable or unacceptable in light of the norm. Surely norms are by definition normative? Call this conformity to social norms and actual expectations normativity2. It is not an open question whether social norms are normative in that sense – they are by definition normative2. But importantly, it is an open question whether one has good reasons, or sufficient reason, or ought, to follow any social norm – that is, whether the norm in question is normative1. -/- The first section of the article characterizes further the difference between these two senses of normativity, and additionally introduces various other candidate senses of “normativity”. These possible senses of “normativity” may be at stake in the debates about normative requirements of rationality , about so called ought-to-be -rules , about normativity of linguistic meaning , about “directions of fit” of beliefs and desires , about subjective authority of intentions and decisions and interpersonal authority or co-authority of concrete others. -/- In later sections these cases are discussed. Do they constitute separate senses of normativity? And are the later phenomena such that they give agents good reasons: do they include normativity1 – the core sense? A “normative power -model” is suggested as a framework for examining whether actual social norms, laws, expectations provide good reasons and oughts or not. Once we understand the relation between the first two senses of normativity, do the later phenomena follow the same pattern – is the “normative powers – model” relevant for them as well? (shrink)

Will the proliferation of devices that provide the continuous archival and retrieval of personal experiences (CARPE) improve control over, access to and the record of collective knowledge as Vannevar Bush once predicted with his futuristic memex? Or is it possible that their increasing ubiquity might pose fundamental risks to humanity, as Donald Norman contemplated in his investigation of an imaginary CARPE device he called the “Teddy”? Through an examination of the webcam experiment of Jenni Ringley and the EyeTap experiments of (...) Steve Mann, this article explores some of the social implications of CARPE. The authors’ central claim is that focussing on notions of individual consent and control in assessing the privacy implications of CARPE while reflective of the individualistic conception of privacy that predominates western thinking, is nevertheless inadequate in terms of recognizing the effect of individual uptake of these kinds of technologies on the level of privacy we are all collectively entitled to expect. The authors urge that future analysis ought to take a broader approach that considers contextual factors affecting user groups and the possible limitations on our collective ability to control the social meanings associated with the subsequent distribution and use of personal images and experiences after they are captured and archived. The authors ultimately recommend an approach that takes into account the collective impact that CARPE technologies will have on privacy and identity formation and highlight aspects of that approach. (shrink)

Intelligent Transportation Systems are expected to automate how parking slots are booked by trucks. The intrinsic dynamic nature of this problem, the need of explanations and the inclusion of private data justify an agent-based solution. Agents solving this problem act with a Believe Desire Intentions reasoning, and are implemented with JASON. Privacy of trucks becomes protected sharing a list of parkings ordered by preference. Furthermore, the process of assigning parking slots takes into account legal requirements on breaks and driving (...) time limits. Finally, the agent simulations use the distances, the number of trucks and parkings corresponding to the proportions of the current European Union data. The performance of the proposed solution is tested in these simulations with three different distances against an alternative with complete knowledge. The difference in efficiency, the number of illegal breaks and the traveled distances are measured in them. Comparing the results, we can conclude that the nonprivate alternative is slightly better in performance while both alternatives do not produce illegal breaks. In this way the simulations show that the proposed privacy protection does not impose a relevant handicap in efficiency. (shrink)

A plausible view about the epistemic condition of blameworthiness holds the following. Reasonable Expectation (RE): S's state of ignorance excuses iff S could not have been reasonably expected to have corrected or avoided the ignorance. An important, yet underexplored issue for RE concerns cases where an agent had the capacities and opportunities to have corrected or avoided the state of ignorance yet failed to do because of the difficulty involved. When does the fact that it was difficult for (...) the agent to have corrected or avoided the ignorance make an expectation to have done so an unreasonable expectation? Addressing this question is important for understanding what RE implies for a broad range of interesting cases where non-ideal agents out in the real world are ignorant because of commonplace difficulties (e.g., cognitive biases, complexity of large bodies of evidence, and misinformation). Whether commonplace difficulties excuse is an interesting and important topic that a satisfactory account of the epistemic condition needs to address. This paper proposes and defends an irreducibly normative account of when difficulty precludes a reasonable expectation to know better. The paper then shows how this account can be used alongside empirical research to reveal what RE implies for important cases of ignorance had by real non-ideal agents. (shrink)

Recent scholarship in business ethics has revealed the importance of privacy expectations as they relate to implicit privacy norms and the business practices that may violate these expectations. Yet, it is unclear how and when businesses may violate these expectations, factors that form or influence privacy expectations, or whether or not expectations have in fact been violated by company actions. This article reports the findings of three studies exploring how and when the corporate dissemination of consumer data (...) violates privacy expectations. The results indicate that consumer sentiment is more negative following intentional releases of sensitive consumer data, but the effect of data dissemination is more complex than that of company intentionality and data sensitivity alone. Companies can effectively set, and re-affirm, privacy expectations via consent procedures preceding and succeeding data dissemination notifications. Although implied consent has become more widely used in practice, we show how explicit consent outperforms implied consent in these regards. Importantly, this research provides process evidence that identifies perceived violation of privacy expectations as the underlying mechanism to explain the deleterious effects, on consumer sentiment, when company actions are misaligned with consumers’ privacy expectations. Ethical implications for companies collecting and disseminating consumer information are offered. (shrink)

In Gärdenfors and Makinson :197–245, 1994) and Gärdenfors it was shown that it is possible to model nonmonotonic inference using a classical consequence relation plus an expectation-based ordering of formulas. In this article, we argue that this framework can be significantly enriched by adopting a conceptual spaces-based analysis of the role of expectations in reasoning. In particular, we show that this can solve various epistemological issues that surround nonmonotonic and default logics. We propose some formal criteria for constructing and (...) updating expectation orderings based on conceptual spaces, and we explain how to apply them to nonmonotonic reasoning about objects and properties. (shrink)

Privacy issues surrounding the use of social media sites have been apparent over the past ten years. Use of such sites, particularly Facebook, has been increasing and recently business organizations have begun using Facebook as a means of connecting with potential customers or clients. This paper presents an empirical study of perceived privacy violations to examine factors that influence the expectations of privacy on Facebook. Results of the study suggest that the more important Facebook is to users, (...) the more likely they are to perceive privacy violations and the more likely those violations are to be considered serious. Furthermore, how information is used is more important than the way this information is accessed. (shrink)

In Rites of Privacy and the Privacy Trade Neill constructs an original theory of natural rights and human dignity to ground our right to privacy, arguing that privacy and autonomy are innate natural properties metaphorically represented on the moral level and socially bestowed. She develops her position by drawing on works in history, sociology, metaphor, law, and the moral psychology of Lawrence Kohlberg. The resulting theory provides surprising answers to controversial and pressing questions regarding, for instance, (...) our right to privacy for medical records in various contexts and in relation to various authority structures, including government. Neill demonstrates that, while we have some entitlement to protection of privacy, entitlement does not have the moral scope suggested by currently entrenched legal and social norms. She cautions against some of the privacy privileges we currently enjoy - referring specifically to claims such as those against insurance companies to prevent access to medical records - and suggests that if they are to be continued, respect for privacy is not the reason. (shrink)

This book explains the different approaches to interpreting the Fourth Amendment that the Supreme Court has used throughout American history, concentrating on the changes in interpretation since the Court applied the exclusionary rule to the states in 1961. It examines the evolution of the warrant rule and the exceptions to it, the reasonableness approach, the special needs approach, individual and society expectations of privacy, and the role of the exclusionary rule.

This book explains the different approaches to interpreting the Fourth Amendment that the Supreme Court has used throughout American history, concentrating on the changes in interpretation since the Court applied the exclusionary rule to the states in 1961. It examines the evolution of the warrant rule and the exceptions to it, the reasonableness approach, the special needs approach, individual and society expectations of privacy, and the role of the exclusionary rule.

People give surprising weight to others’ expectations about their behaviour. I argue the practice of conforming to others’ expectations is ethically well-grounded. A special class of ‘reasonable expectations’ can create prima facie obligations even in cases where the expectations arise from contingent pre-existing practices, and the duty-bearer has not created them, or directly benefited from them. The obligation arises because of the substantial goods that follow from such conformity—goods capable of being endorsed from many different ethical perspectives and implicating (...) key moral factors such as consent, fairness, respect, autonomy, and reciprocity. Given the innumerable situations where such expectations can arise, their ethical significance is critical both practically and philosophically. (shrink)

The notion of the ‘reasonable expectations of the parties’ plays an important justificatory role in contract law, yet the notion has not been subjected to any sustained analysis in the contract law literature. This article examines the various roles that reasonable expectation plays in contract law and explores the different understandings of the notion that are revealed. It identifies three possible bases for reasonable expectations—an institutional basis, an empirical basis and a normative basis—and examines how (...) class='Hi'>reasonable expectations arguments in contract reflect each of these differing justificatory bases. This makes appeals to reasonable expectation in contract law problematic since the differently grounded expectations of the contracting parties are usually the precise site of conflict between them. It is therefore doubtful that conflicts between contracting parties can be resolved solely by identifying and protecting their ‘reasonable expectations’. In the conclusion some speculative comments are offered as to why, given its limited explanatory power, the notion has proved attractive in attempts to explain contract law. (shrink)

Questions of privacy have become particularly salient in recent years due, in part, to information-gathering initiatives precipitated by the 2001 World Trade Center attacks, increasing power of surveillance and computing technologies, and massive data collection about individuals for commercial purposes. While privacy is not new to the philosophical and legal literature, there is much to say about the nature and value of privacy. My focus here is on the nature of informational privacy. I argue that the (...) predominant accounts of privacy are unsatisfactory and offer an alternative: for a person to have informational privacy is for there to be limits on the particularized judgments that others are able to reasonably make about that person. (shrink)

The purpose of this study was to determine the opinions and expectations of patients and nurses about privacy during a hospital admission for surgery. The study explored what enables and maintains privacy from the perspective of Turkish surgical patients and nurses. The study included 102 adult patients having surgery and 47 nurses caring for them. Data were collected via semistructured questionnaire by face-to-face interviews. The results showed that patients were mostly satisfied by the respect shown to their (...) class='Hi'>privacy by the nurses but were less confident of the confidentiality of their personal data. It was found that patients have expectations regarding nursing approaches and attitudes about acknowledging and respecting patient autonomy and confidentiality. It is remarkable that while nurses focused on the physical dimension of privacy, patients focused on informational and psychosocial dimensions of privacy, as well as its physical dimension. (shrink)

This new book by Beate Rossler is a work of real quality and originality on an extremely topical issue: the issue of privacy and the relations between the private and the public. Rossler investigates the reasons why we value privacy and why we ought to value it. In the context of modern, liberal societies, Rossler develops a theory of the private which links privacy and autonomy in a constitutive way: privacy is a necessary condition to lead (...) an autonomous life. The book develops a theory of freedom and autonomy which sees the ability to pose the "practical question" of how one wants to live, of what a person strives to be, at the centre of the modern idea of autonomy. The question of privacy is emerging as an increasingly important topic in social and political theory and is central to many current debates in law, the media and politics. The Value of Privacy will be widely recognised to be a classic contribution to the subject. (shrink)

Carol Pateman has said that the public/private distinction is what feminism is all about. I tend to be sceptical about categorical pronouncements of this sort, but this book is a work of feminist political philosophy and the public/private distinction is what it is all about. It is motivated by the belief that we lack a philosophical conception of privacy suitable for a democracy; that feminism has exposed this lack; and that by combining feminist analysis with recent developments in political (...) philosophy, we can meet the philosophical and political need for a distinctively democratic conception of privacy. This book then, is an effort to sketch and defend such a conception of privacy. It aims to show that while some conceptions of privacy are inconsistent with democracy, others are not. Indeed, the book asserts, the belief that privacy can be valuable and that it can justify basic legal rights, is implicit in a democratic conception of persons as free and equal beings, and a democratic conception of politics as the self-governing, or regulating, activity of such individuals. Just as we can and should reject undemocratic conceptions of the suffrage in favour of democratic ones, so the book maintains, we can and must reject undemocratic conceptions of privacy in favour of ones that reflect the moral equality of men and women, and a commitment to democratic forms of government. Democracy is often described as government by and for the people. On such a view, democracy is a political regime which can be contrasted with monarchies or aristocracies on the one hand, or with theocracies and despotisms on the other. By contrast with the former, it is a form of government that views individuals as citizens and as equal members of the agency which authorizes the use of political power. By contrast with the latter, it is a form of government whose purposes and aims are established by the common interests of individuals, conceived as free and equal citizens. It is my contention that there is a plausible and attractive conception of privacy implicit in this view of democracy. Hence, I show that individuals have fundamental interests in privacy because privacy enables them to participate in politics freely and as the equal of others and, beyond that, to lead lives that they can each affirm to be reasonable, valuable and right. As I think that the ideal of democratic government is properly associated with this latter and broader goal, as well as with the former one, I call my account of privacy a democratic conception of privacy to signal its connection to a particular ideal of politics, and to the conception of persons that makes this ideal a convincing and inspiring one. As this is a work of political philosophy, however, no effort is made to address the legal merits of competing accounts of the right to privacy, or to resolve legal dispute about the content and justification of particular constitutional rights in the United States. Thus, while I use Supreme Court decisions and works of legal theory to illustrate and support my arguments, my use of these materials is governed by philosophical concerns and my conclusions, therefore, are strictly of a philosophical, not a legal, nature. The book is divided into four chapters, moving from feminist criticisms of privacy to an engagement with the philosophical literature on privacy and an account of the right to privacy in a democratic society. It proceeds as follows. In Chapter 1, I examine feminist concerns about privacy, through a close reading of the work of Catherine MacKinnon. I argue that MacKinnon persuasively shows that protection for privacy has frequently licensed the coercion and subjection of women, and that her arguments are supported both by feminist scholarship, key Supreme Court decisions, and by familiar conceptions of privacy and equality. However, I argue, these criticisms do not imply that privacy, like slavery, can never be democratic, because wholly inconsistent with the equality of individuals. Rather, feminist criticisms of privacy suggest that privacy, like the suffrage, can be necessary to the equality of women and can have a legitimate and important place in a democratic society. In Chapter 2, I examine the philosophical literature on privacy in light of the need to distinguish democratic from undemocratic accounts of its nature and value. This literature, I show, can help us to provide an account of privacy that is sensitive both to its inegalitarian aspects and to its importance for a democratic commitment to the freedom and equality of women. However, I argue, we cannot embrace current philosophical accounts of privacy uncritically, because to a striking extent they are, themselves, indifferent to the ways that privacy has licensed sexual inequality. Thus, in Chapter 2, I set about interpreting privacy as a moral and political value, in light of the strengths and weaknesses of the philosophical literature on privacy. Their strength is that they show that there are many reasons for caring about privacy, or many ways in which we might define it as a democratic value. Their weakness is that they tend to assume that we must choose amongst these different conceptions of privacy, in order to provide a philosophically cogent account of privacy. This, I show, is a mistake and one that can be remedied by remembering that a commitment to the equality of individuals requires us to acknowledge the reasonable differences in value and interest that may characterize their relations in a democracy. When we do so, I show, it is possible to define privacy in terms of its protection for self-definition, intimacy and confidentiality, without having to choose between the three of them. For individuals may legitimately disagree about the differences between privacy and other values, even while holding that privacy is a distinctive and important democratic good; and they may also disagree about the importance of privacy compared to other goods, such as equality, without denying that self-definition, intimacy and confidentiality can be morally and politically desirable in a democracy. In Chapter 2, therefore, I show that we can provide a philosophically adequate account of what privacy is and why it is valuable without supposing that privacy is always sexually egalitarian, or denying that it has a distinctive place in a democratic conception of value. Chapter 3 then extends this account of privacy, by considering the justification for a legal right to privacy. Just as we cannot provide a democratic conception of privacy without attending to the different, though equally valid, concerns that individuals may have so, I show, we cannot provide a democratic account of privacy rights if we forget that individuals can, quite reasonably, differ in the importance that they attach to privacy. The result, I argue, is that we can distinguish two main reasons for protecting privacy by right in a democracy, the one personal and the other political. Whereas the former emphasizes the importance of self-definition, intimacy and confidentiality to the personal freedom and equality of individuals, the latter emphasizes their importance to their prospects for voluntary and equal participation in the processes of collective choice and deliberation that define a democratic government. These two justifications of privacy rights reflect the fact that in a democracy the personal can be political, as feminists have insisted, but need not be in order to merit protection by right. Indeed, I argue, we can distinguish democratic from undemocratic accounts of the right to privacy in this way: for whilst the former acknowledge the variety of individuals’ interests in personal and collective choice, the latter either collapse the political into the personal, or assume that the legitimate claims of individuals are merely a function of collective needs, interests and values. Neither of these is consistent with familiar assumptions about the nature and justification of democratic institutions and rights, nor can they be reconciled with a commitment to sexual equality. Thus, I conclude, though the fact that there are different justifications for privacy rights in a democracy means that individuals may legitimately disagree over the content and justification of basic rights, it is wrong to confuse democratic debate with moral or conceptual confusion and so, arbitrarily, to truncate our accounts of privacy, equality and democracy. Finally, in Chapter 4, I test and develop these claims by examining the justification for abortion rights in a democracy. I argue that women have legitimate interests in abortion, as well as in bearing children, because they have fundamental, and legitimate, interests in privacy and equality. Although safe and legal abortion is necessary to sexual equality, as feminists claim, I show that we can provide a convincing and democratic account of women’s claims to abortion only if we recognize women’s interests in self-definition, intimacy and confidentiality. This is because women have both personal and political interests in abortion and we will be unable adequately to identify these if we overlook their interests in privacy. Indeed, I show, the difference between democratic and undemocratic solutions to conflict over abortion lies precisely in this: that whereas the former acknowledge the importance of privacy to the personal and political equality of women, the latter overlook or deny this. As a result, the latter license both mandated abortions, although women have legitimate interests in bearing and raising children, and prohibitions on abortion that cannot be reconciled with the freedom and equality of women. That is not to say that abortion is not a politically significant matter, or that we can resolve moral conflict over abortion simply by giving women a legal right to abortion. Neither is the case. However, the chapter shows, in a democracy individuals are entitled to make morally and politically controversial decisions for themselves not simply because this is expedient or useful, but because this is right. To overlook this feature of democracy, I argue, is to make moral and political conflict utterly intractable by democratic means. Thus, while controversy over abortion has been held to show that privacy is an incoherent and undemocratic right, this chapter argues that it shows the reverse: for controversy over abortion makes clear that privacy is essential to democracy, and why this should be so. This overview of the book, I hope, makes clear that its concerns are methodological as well as substantive, and moral as well as political. Thus, its central methodological claim is that we cannot reconcile privacy with the equality of individuals unless we make a deliberate effort to do so. Its central moral and political claims are that privacy is compatible with the equality of individuals, and sufficiently important to the latter that, in a democracy, the privacy of individuals merits legal protection by right. However, this summary of the book also exposes its limitations. Chief amongst these, I fear, is that it provides no sustained discussion of the place of property on a democratic conception of privacy, and that the latter, itself, is rather a broad preliminary sketch than a polished and detailed portrait. I regard these limits on the scope and arguments of the book as limitations, albeit ones that I hope to be able to remedy before too long.However, limited though the book clearly is, I believe that it lays out the essential components of a democratic conception of privacy and that, by analysing and synthesizing several diverse bodies of literature, it may help those who are interested in the relations between privacy, equality and democracy. (shrink)

This new book by Beate Rossler is a work of real quality and originality on an extremely topical issue: the issue of privacy and the relations between the private and the public. Rossler investigates the reasons why we value privacy and why we ought to value it. In the context of modern, liberal societies, Rossler develops a theory of the private which links privacy and autonomy in a constitutive way: privacy is a necessary condition to lead (...) an autonomous life. The book develops a theory of freedom and autonomy which sees the ability to pose the "practical question" of how one wants to live, of what a person strives to be, at the centre of the modern idea of autonomy. The question of privacy is emerging as an increasingly important topic in social and political theory and is central to many current debates in law, the media and politics. The Value of Privacy will be widely recognised to be a classic contribution to the subject. (shrink)

With the start of teaching the sect-based Islamic religion lesson in public schools within the scope of a pilot project in Germany, the development and efforts are continuing to ensure that the course can be given both as a lesson in accordance with the constitution and in accordance with the wishes and expecta-tions of Muslims. Since the Islamic religion lesson is still in the process of formation, one of the most curious points is what the expectations of Muslim families from (...) the lessom are. For this reason, in this study, the state of Baden-Württemberg, one of the states of Germany, in the 2018/2019 academic year, 1-4th grades in public schools. It is aimed to determine the opinions and expectations of the parents of Tur-kish Muslim students who take this lesson from the Islamic religion lesson, which is given as a pilot pro-ject at grade levels, on the issues related to the operation and application of the lesson in the light of cur-rent practices. The study is important in terms of revealing the current status of the lesson and shed light on the future development of the lesson in accordance with the wishes and expectations of Muslim fami-lies. Qualitative research method was used in the research. Research data were collected by semi-structured interview technique consisting of open-ended questions. The research sample consists of 11 Turkish students' parents. In the research, the views and expectations of the parents were expressed with the help of the analysis categories in the form of lower and upper categories. Thus, evaluations were made about at which points the Islamic religion lesson is suitable for the expectations of the parents and at which points it should be made appropriate. (shrink)

Even as the philosopher can show us how to treat an object conceptually as a work of art, by regarding it in some context, so Cavell constantly implies that there are parables to be drawn about the way we treat the objects of our consciousness and the subjects of parts of it. But this special sort of treatment—like projective imagination itself—is not fancy or wit but more like a kind of epistemological fabling that is close to what Shelley called, in (...) A Defense of Poetry, "moral imagination." What is so powerful—and yet elusive of the nets of ordinary intellectual expectation—in The Claim of Reason is the way in which the activities of philosophizing become synecdochic, metonymic, and generally parabolic for the activities of the rest of life itself. It is the way in which the large , unphilosophical, "poetic," or "religious" questions are elicited from their precise and technical microcosms that makes so much of this book poetical, but not "literary," philosophy. When he writes of how tragedy "is the story and study of a failure of acknowledgment, of what goes before it and after it—i.e., that the form of tragedy is the public form of skepticism with respect to other minds"; or when, after brilliantly adducing The Winter's Tale in his consideration of Othello, he confronts the magic of Hermione's statue coming to life, he observes that "Leontes recognizes the fate of stone to be the consequence of his particular skepticism," the reader can perceive the kind of vast fiction in which minds, bodies, the privacy of insides, dolls, statues, and other representations figure as agents and elements. It will take longer to understand, I think, the imaginative significance of the earlier portions of the book. The philosophers who find its terrain familiar tend to have little patience with poetry; the reader whose sensibility is "literary" may be unable to distinguish between the arguments and examples, and the meta-arguments and examples, of the discussions of Wittgensteinian and Austinian method. Both kinds of readers should keep at it. John Hollander, a distinguished poet and critic, is professor of English at Yale. The author of The Untuning of the Sky: Ideas of Music in English Poetry, 1500-1700, Vision and Resonance: Two Senses of Poetic Form, and The Figure of Echo, his books of poetry include Spectral Emanations and Blue Wine and Other Poems. (shrink)

This article brings an account of reasonable expectations to bear on the question of when unauthorized immigrants have a right to be regularized—that is, to be formally guaranteed freedom from the threat of deportation. Contrary to the current literature, which implicitly relies on a flawed understanding of reasonable expectations, this article argues that only those unauthorized immigrants who have both been tacitly permitted by the state despite lacking formal authorization and have remained long enough to develop deep social (...) roots in the state have a right to regularization. (shrink)

_The Ethics of Surveillance: An Introduction_ systematically and comprehensively examines the ethical issues surrounding the concept of surveillance. Addressing important questions such as: Is it ever acceptable to spy on one's allies? To what degree should the state be able to intrude into its citizens' private lives in the name of security? Can corporate espionage ever be justified? What are the ethical issues surrounding big data? How far should a journalist go in pursuing information? Is it reasonable to expect (...) a degree of privacy in public? Is it ever justifiable for a parent to read a child’s diary? Featuring case studies throughout this textbook provides a philosophical introduction to an incredibly topical issue studied by students within the fields of applied ethics, ethics of technology, privacy, security studies, politics, journalism and human geography. (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 advent of intelligent technologies, notably Brain–Computer Interfaces (BCIs), has introduced novel privacy dilemmas. Ensuring judicious privacy transfer is imperative for the application of BCI technology and pivotal for fostering economic and technological progress. This study adopts privacy transfer as the research perspective and employs an ethical matrix as the research method. It establishes BCI users as the central core interests, with marketers, developers, and medical personnel as stakeholders. Departing from the binary opposition of public and private (...) in traditional privacy theory, this article proposes ethical principles such as maximizing benefits, minimizing harm, and respecting independent decision-making power. It constructs a judgment matrix for the privacy transfer of BCIs, utilizing this matrix to identify ethical risks like privacy disclosure and hijacking. This study analyzes the reasons for risks, aiming to overcome dilemmas and construct an ethical matrix to explore privacy transfer boundary division methods suitable for BCI technology and tailored to different stakeholders. (shrink)

The primary thesis of this article is that the rights and powers of corporations--to collect, recombine, and resell personal data--have accrued in such a way as to fundamentally circumvent traditional and conventional conceptions of privacy, especially with respect to the sphere of informational privacy. In so doing, informational capitalism has also altered in fundamental ways the public and social sphere itself, the sphere through which one might expect these corporate forces and uses of technology to be controlled.

This article examines the domestic use of drones by law enforcement to gather information. Although the use of drones for surveillance will undoubtedly provide law enforcement agencies with new means of gathering intelligence, these unmanned aircrafts bring with them a host of legal and epistemic complications. Part I considers the Fourth Amendment and the different legal standards of proof that might apply to law enforcement drone use. Part II explores philosopher Wittgenstein’s notion of actional certainty as a means to interpret (...) citizens' expectations of privacy with regard to their patterns of movement over time. Part III discusses how the theory of actional certainty can apply to the epistemic challenge of determining what is a “reasonable” expectation of privacy under the law. This Part also investigates the Mosaic Theory as a possible reading of the Fourth Amendment. (shrink)

The Ethics of Surveillance: An Introduction systematically and comprehensively examines the ethical issues surrounding the concept of surveillance. Addressing important questions such as: Is it ever acceptable to spy on one's allies? To what degree should the state be able to intrude into its citizens' private lives in the name of security? Can corporate espionage ever be justified? What are the ethical issues surrounding big data? How far should a journalist go in pursuing information? Is it reasonable to expect (...) a degree of privacy in public? Is it ever justifiable for a parent to read a child’s diary? Featuring case studies throughout, this textbook provides a philosophical introduction to an incredibly topical issue studied by students within the fields of applied ethics, ethics of technology, privacy, security studies, politics, journalism and human geography. (shrink)

The increasingly ubiquitous use of technology has led to the concomitant rise of intensified data collection and the ethical issues associated with the privacy and security of that data. In order to address the question of how these ethical concerns are discussed in the literature surrounding the subject, we examined articles published in IEEE Security and Privacy, a magazine targeted towards a general, technically-oriented readership spanning both academia and industry. Our investigation of the intersection between the ethical and (...) technological dimensions of privacy and security is structured as a bibliometric analysis. Our dataset covers all articles published in IEEE Security and Privacy since its inception in 2003 to February 06, 2014. This venue was chosen not only because of its target readership, but also because a preliminary search of keywords related to ethics, privacy, and security topics in the ISI Web of Knowledge and IEEE Xplore indicated that IEEE Security and Privacy has published a preponderance of articles matching those topics. In fact, our search returned two-fold more articles for IEEE Security and Privacy than the next most prolific venue. These reasons, coupled with the fact that both academia and industry are well-represented in the authorship of articles makes IEEE Security and Privacy an excellent candidate for bibliometric analysis. Our analysis examines the ways articles in IEEE Security and Privacy relate ethics to information technology. Such articles can influence the development of law, policy and the future of information technology ethics. We employed thematic and JK-biplot analyses of content relating privacy and ethics and found eight dominant themes as well as the inter-theme relationships. Authors and institutional affiliations were examined to discern whether centers of research activity and/or authors dominated the overall field or thematic areas. Results suggest avenues for future work in critical areas, especially for closing present gaps in the coverage of ethics and information technology privacy and security themes particularly in the areas of ethics and privacy awareness. (shrink)

Debates on new technologies commonly seem to be irrational. In an even higher degree this might be true for the expectations that are evoked by recent biotechnologies. A typical constellation is like this: While A expresses fears concerning a new technology, those fears are taken up to be absurd by B. And while B criticizes that A?s scenarios lack a realistic basis, A complains about not being taken serious. Thus the conflicting parties accuse each other of behaving irrational or even (...) malicious. This article deals with this mutual suspicion of irrationality and provides an explanation focusing on structural reasons for conflicts of that kind. An explanation is reached on the basis of a model that describes the genesis of expectations regarding technological potentials. These expectations are concerned with the anticipation that a technology has the power to fundamentally change our life. Based on this model a different examination of discourses on technologies is possible: The existence of structurally different levels of communication about technology is demonstrated - plus that the levels themselves can stay undiscovered by the conflicting groups due to structural reasons. And as the levels in communication remain concealed the impression of a slippery slope of rationality prevails. nema. (shrink)