P2p networks and the verizon V. RIAA case: Implications for personal privacy and intellectual property [Book Review]

Ethics and Information Technology 7 (4):243-250 (2005)
In this paper, we examine some ethical implications of a controversial court decision in the United States involving Verizon (an Internet Service Provider or ISP) and the Recording Industry Association of America (RIAA). In particular, we analyze the impacts this decision has for personal privacy and intellectual property. We begin with a brief description of the controversies and rulings in this case. This is followed by a look at some of the challenges that peer-to-peer (P2P) systems, used to share digital information, pose for our legal and moral systems. We then examine the concept of privacy to better understand how the privacy of Internet users participating in P2P file-sharing practices is threatened under certain interpretations of the Digital Millennium Copyright Act (DMCA) in the United States. In particular, we examine the implications of this act for a new form of “panoptic surveillance” that can be carried out by organizations such as the RIAA. We next consider the tension between privacy and property-right interests that emerges in the Verizon case, and we examine a model proposed by Jessica Litman for distributing information over the Internet in a way that respects both privacy and property rights. We conclude by arguing that in the Verizon case, we should presume in favor of privacy as the default position, and we defend the view that a presumption should be made in favor of sharing (rather than hoarding) digital information. We also conclude that in the Verizon case, a presumption in favor of property would have undesirable effects and would further legitimize the commodification of digital information – a recent trend that is reinforced by certain interpretations of the DMCA on the part of lawmakers and by aggressive tactics used by the RIAA.
Keywords DMCA  intellectual property  Panopticon  privacy  RIAA  surveillance  Verizon
Categories (categorize this paper)
Reprint years 2006
DOI 10.1007/s10676-006-0012-4
 Save to my reading list
Follow the author(s)
Edit this record
My bibliography
Export citation
Find it on Scholar
Mark as duplicate
Request removal from index
Revision history
Download options
Our Archive

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 30,727
Through your library
References found in this work BETA

Add more references

Citations of this work BETA
Ethics Among Peers: File Sharing on the Internet Between Openness and Precaution.U. Pagallo - 2010 - Journal of Information, Communication and Ethics in Society 8 (2):136-149.
A New “Ring of Gyges” and the Meaning of Invisibility in the Information Revolution.Ugo Pagallo - 2010 - Journal of Information, Communication and Ethics in Society 8 (4):364-376.

Add more citations

Similar books and articles
Added to PP index

Total downloads
38 ( #140,547 of 2,197,333 )

Recent downloads (6 months)
1 ( #299,047 of 2,197,333 )

How can I increase my downloads?

Monthly downloads
My notes
Sign in to use this feature