The Philosopher Whose Fingerprints Are All Over the FTC's New Approach to Privacy - Ale... - 0 views
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The standard explanation for privacy freakouts is that people get upset because they've "lost control" of data about themselves or there is simply too much data available. Nissenbaum argues that the real problem "is the inapproproriateness of the flow of information due to the mediation of technology." In her scheme, there are senders and receivers of messages, who communicate different types of information with very specific expectations of how it will be used. Privacy violations occur not when too much data accumulates or people can't direct it, but when one of the receivers or transmission principles change. The key academic term is "context-relative informational norms." Bust a norm and people get upset.
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Nissenbaum gets us past thinking about privacy as a binary: either something is private or something is public. Nissenbaum puts the context -- or social situation -- back into the equation. What you tell your bank, you might not tell your doctor.
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any privacy regulation that's going to make it through Congress has to provide clear ways for companies to continue profiting from data tracking. The key is coming up with an ethical framework in which they can do so, and Nissenbaum may have done just that.
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The traditional model of how this works says that your information is something like a currency and when you visit a website that collects data on you for one reason or another, you enter into a contract with that site. As long as the site gives you "notice" that data collection occurs -- usually via a privacy policy located through a link at the bottom of the page -- and you give "consent" by continuing to use the site, then no harm has been done. No matter how much data a site collects, if all they do is use it to show you advertising they hope is more relevant to you, then they've done nothing wrong.
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Nevermind that if you actually read all the privacy policies you encounter in a year, it would take 76 work days. And that calculation doesn't even account for all the 3rd parties that drain data from your visits to other websites. Even more to the point: there is no obvious way to discriminate between two separate webpages on the basis of their data collection policies. While tools have emerged to tell you how many data trackers are being deployed at any site at a given moment, the dynamic nature of Internet advertising means that it is nearly impossible to know the story through time
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How can anyone make a reasonable determination of how their information might be used when there are more than 50 or 100 or 200 tools in play on a single website in a single month?
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Nissenbaum doesn't think it's possible to explain the current online advertising ecosystem in a useful way without resorting to a lot of detail. She calls this the "transparency paradox," and considers it insoluble.
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she wants to import the norms from the offline world into the online world. When you go to a bank, she says, you have expectations of what might happen to your communications with that bank. That should be true whether you're online, on the phone, or at the teller. Companies can use your data to do bank stuff, but they can't sell your data to car dealers looking for people with a lot of cash on hand.
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let companies do standard data collection but require them to tell people when they are doing things with data that are inconsistent with the "context of the interaction" between a company and a person.
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here's the big downside: it rests on the "norms" that people expect. While that may be socially optimal, it's actually quite difficult to figure out what the norms for a given situation might be. After all, there is someone else who depends on norms for his thinking about privacy.