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On a rhetorical level, it attempts to redefinethe nature of "privacy problems".

The Problem We All Live With - Part One - This American Life

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For most of us, the phrase
On a policy level,the problem is that it pretends that notification of informationhandling procedures constitutes an adequate privacy policyall by itself.

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The problem is theinvention of a fictional "right to privacy" by American courts.
Inspired by subsequent developments in U.S. law, a distinction canbe made between (1) constitutional (ordecisional) privacy and (2) tort (orinformational) privacy (DeCew 1997). The first refers to thefreedom to make one's own decisions without interference by others inregard to matters seen as intimate and personal, such as the decisionto use contraceptives or to have an abortion. The second is concernedwith the interest of individuals in exercising control over access toinformation about themselves and is most often referred to as“informational privacy”. Think here, for instance, aboutinformation disclosed on Facebook or other social media. All tooeasily, such information might be beyond the control of theindividual.

 

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For peoplewith a manipulative orientation, however,
Poll after poll confirms that the American public relishes its privacy. The potential loss of privacy ranks as a major concern among an overwhelming majority of the citizenry.

The Stanford Encyclopedia of Philosophy is  by , Center for the Study of Language and Information (CSLI), Stanford University
Cass Sunstein is one of America's finest legal scholars and forceful commentator on a wide range of important public issues. In this book, he addresses himself to the thorny issue of free speech, suggesting that the First Amendment protects many forms of speech that should never be protected — commercial speech, libelous speech, speech that invades privacy, and certain forms of pornography and hate speech — while it ignores genuine victims of defamation and in some cases gives the government too much power over speech. These inconsistencies are reflected in the great deal of attention given to free speech issues in recent years, he points out. Modern economic and technological changes, together with shifting popular attitudes about various forms of speech, such as campaign finance, hate speech, and government art funding, call for a "large-scale reassessment of the appropriate role of the First Amendment in the democratic process."


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Teens, Social Media, and Privacy | Pew Research Center

Human beings value their privacy and the protection of theirpersonal sphere of life. They value some control over who knows whatabout them. They certainly do not want their personal information tobe accessible to just anyone at any time. But recent advances ininformation technology threaten privacy and have reduced the amount ofcontrol over personal data and open up the possibility of a range ofnegative consequences as a result of access to personal data. The21st century has become the century of Big Data andadvanced Information Technology allows for the storage and processingof exabytes of data. The revelations of Edward Snowden havedemonstrated that these worries are real and that the technicalcapabilities to collect, store and search large quantities of dataconcerning telephone conversations, internet searches and electronicpayment are now in place and are routinely used by governmentagencies. For business firms, personal data about customers andpotential customers are now also a key asset. At the same time, themeaning and value of privacy remains the subject of considerablecontroversy. The combination of increasing power of new technology andthe declining clarity and agreement on privacy give rise to problemsconcerning law, policy and ethics. The focus of this article is onexploring the relationship between information technology (IT) andprivacy. We will both illustrate the specific threats that IT andinnovations in IT pose for privacy, and indicate howIT itself might be able to overcome these privacy concerns bybeing developed in a ‘privacy-sensitive way’. We will alsodiscuss the role of emerging technologies in the debate, and accountfor the way in which moral debates are themselves affected by IT.

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