Computers, Privacy & the Constitution

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NevfelAkkasogluFirstPaper 4 - 07 May 2021 - Main.EbenMoglen
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 Inalienable rights are so fundamental to being a human that they cannot be transferred or waived. Privacy is a fundamental human right, such as the right to life or liberty, not a commodity that one can trade. Information related to oneself is the core component of the right to privacy itself. Treating and trading a person's online information like a commodity is just as absurd as receiving compensation for giving up your freedom. Even if one is not aware that they have the right to privacy, they do have it. It is an inalienable right that originates from being a human. And it cannot be ceded to third parties by consent or opt-in/out mechanisms. The misunderstanding stems from the illusion of using everyday expressions such as "my data," "sell my data," and this implies a false impression of "ownership" on privacy. However, privacy is a right, which is entailed by human integrity, not a property that is marketable. [Fn4] Therefore, it is absolute respect for a fundamental human right, not data ownership, that would protect online privacy.
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"Inalienable" has become a synonym for "absolute." This is not what Thomas Jefferson means when he talks about an inalienable right to the pursuit of happiness.

Alternatives to rules of property are not limited either to anarchism or anti-transactional paralysis. The usual alternative to a rule of property, in fact, is a rule of liability.

 

Revision 4r4 - 07 May 2021 - 15:39:21 - EbenMoglen
Revision 3r3 - 04 May 2021 - 14:42:38 - NevfelAkkasoglu
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