Computers, Privacy & the Constitution

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FairInformationCode 5 - 17 Feb 2009 - Main.JustinColannino
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Background

In the last class on PartFour I proposed the idea of regulating forgetting, forcing data keepers to sunset data. Eben raised First Amendment issues with that proposal, which I think are compelling. However, there may be other sorts of information practices which could be mandated through regulation on government and third parties that may not raise such concerns and that would be useful for providing some protection against losing our identity to those who aggregate information about our lives. Perhaps we can use this space to think of a set of information practices that we would like to see codified, and discuss whether this is a worthwhile exercise at all.
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 -- JustinColannino - 16 Feb 2009
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 I tend to agree that there's a relevant distinction between regular Joe Six-pack private actors and institutional private actors. I don't think the threat to autonomy from a corporation knowing you is any less than from the government knowing you -- in either case, you're creating a significant imbalance of power between one small group of people and everyone else. That not only exacerbates existing inequalities--it also enables tyranny.
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<		I don't think there's much hope that ISPs or Google will self-limit the information they retain. Commercial logic argues against it. I am curious however about the Fair Credit Reporting Act -- could someone better versed in 1st amendment jurisprudence opine about whether such legislation is vulnerable to a constitutionality challenge?
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>		I don't think there's much hope that ISPs or Google will self-limit the information they retain. Commercial logic argues against it.

  • Let me clarify: I was suggesting that such limitations could be imposed on ISPs, Google or other similar entities through legislation. I was also trying to point out that such legislation may be more desirable from a First Amendment standpoint than current regulations on information such as the Fair Credit Reporting Act because it would protect the First Amendment interests of the public against those of large corporations. -- JustinColannino - 17 Feb 2009

I am curious however about the Fair Credit Reporting Act -- could someone better versed in 1st amendment jurisprudence opine about whether such legislation is vulnerable to a constitutionality challenge?

 -- AndreiVoinigescu - 17 Feb 2009
 
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Revision 5r5 - 17 Feb 2009 - 16:29:39 - JustinColannino
Revision 4r4 - 17 Feb 2009 - 04:33:16 - AndreiVoinigescu
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