Law in the Internet Society

View   r13  >  r12  ...
KamelBFirstPaper 13 - 03 Dec 2009 - Main.BrianS
Line: 1 to 1
 
META TOPICPARENT name="FirstPaper"
Ready for review. All comments welcome.
Line: 12 to 12
 

Immortality… and eternal data?

Changed:
<
<
Comments on facebook are regularly left on his wall, friends keep on commenting on his status and on some occasions, they tag him in his loving memory. While some Facebook activists would claim the advantage of making people eternal, other would just consider his page as a modern burial place, where smiley-hearts replace flowers, left ads the tomb, and pokes long prayers and monologues. Some, however, see that as an unacceptable disrespect to the family and their son’s memory. With over 300 million ‘clients’ worldwide, no doubt that facebook users would share one of this stance. From the buildings of Wall Street to the bank of the Nile, Facebook seems also hardly integrating the cultural aspects of its customers, while in fact being the most important cutural imperialist in history. As a non-American I was pretty shocked of this situation, but if you are a US citizen and think there is no issue at all here, keep in mind that in other countries we do not have a culture of personal data transaprency. Names on legal cases in France for example or other civil law countries, are kept anonymous, contrary to common law countries and specifically the US. We also do not have any regulations similar to Megan laws http://en.wikipedia.org/wiki/Megan's_Law, or passenger name’s recordshttp://en.wikipedia.org/wiki/Passenger_Name_Record ( which actually led to an intense arm-wrestling with the EU.) etc..
>
>
Comments on facebook are regularly left on his wall, friends keep on commenting on his status and on some occasions, they tag him in his loving memory. While some Facebook activists would claim the advantage of making people eternal, other would just consider his page as a modern burial place, where smiley-hearts replace flowers, left ads the tomb, and pokes long prayers and monologues. Some, however, see that as an unacceptable disrespect to the family and their son’s memory. With over 300 million ‘clients’ worldwide, no doubt that facebook users would share one of this stance. From the buildings of Wall Street to the bank of the Nile, Facebook seems also hardly integrating the cultural aspects of its customers, while in fact being the most important cutural imperialist in history. As a non-American I was pretty shocked of this situation, but if you are a US citizen and think there is no issue at all here, keep in mind that in other countries we do not have a culture of personal data transaprency. Names on legal cases in France for example or other civil law countries, are kept anonymous, contrary to common law countries and specifically the US. We also do not have any regulations similar to Megan laws http://en.wikipedia.org/wiki/Megan's_Law, or passenger name’s recordshttp://en.wikipedia.org/wiki/Passenger_Name_Record ( which actually led to an intense arm-wrestling with the EU.) etc..
 

Changed:
<
<
This situation actually confused me, and showed me how important data conservation was and how infringed is our privacy, even when passed away. Facebook is not the only web tools that makes us eternal. Imagine yourselft caught in trouble, and for some reason you have a record. You were young, and now a responsible grown up, you regret it. The person you sent your resume to will also have the regret to learn this little secret when googling you. Or, imagine yourself in Wendy Whitaker’s shoes http://www.theagitator.com/2008/11/23/woman-may-lose-home-over-decade-old-blowjob/, name-listed forever on the web… in a very ungloriously manner. Data are kept, we don’t know where, by who, and how. More worrying, as Eben noted in class, some information given without risk at a point, such as religion, sexual preference etc.. could be used against you later on. Some might argue that this web issue only occurs when bad reports, articles, or facts are spoiling one’s reputation: after all, who has never been sensitive to the positive information people all over the world can find about you on google, facebook etc… However, one would be entitled to be freed on any stigma and not reduced to one’s past, when it applies. More importantly, one should not see his life exposed to the public if not consented…
>
>
This situation actually confused me, and showed me how important data conservation was and how infringed is our privacy, even when passed away. Facebook is not the only web tools that makes us eternal. Imagine yourselft caught in trouble, and for some reason you have a record. You were young, and now a responsible grown up, you regret it. The person you sent your resume to will also have the regret to learn this little secret when googling you. Or, imagine yourself in Wendy Whitaker’s shoes http://www.theagitator.com/2008/11/23/woman-may-lose-home-over-decade-old-blowjob/, name-listed forever on the web… in a very ungloriously manner. Data are kept, we don’t know where, by who, and how. More worrying, as Eben noted in class, some information given without risk at a point, such as religion, sexual preference etc.. could be used against you later on. Some might argue that this web issue only occurs when bad reports, articles, or facts are spoiling one’s reputation: after all, who has never been sensitive to the positive information people all over the world can find about you on google, facebook etc… However, one would be entitled to be freed on any stigma and not reduced to one’s past, when it applies. More importantly, one should not see his life exposed to the public if not consented…
 
Line: 26 to 26
 
Changed:
<
<
Pursuant to this confusing situation, some countries have therefore asked Facebook and other social networks to comply with their home legislation. For instance, Canadahttp://www.priv.gc.ca/media/nr-c/2009/nr-c_090827_f.cfm pressed last August Facebook to delete people’s profile within a year after they decease, proposing Facebook users to suppress their accounts- and not solely ‘deactivate’-, or limiting access to personal information by application developers. Good compromise to be applied in my friend’s example, some might say, between the necessity of a common burial place and the respect of one’s privacy life, family’s mourning…and facebook’s reputation. But can we expect the establishment of a general right to oblivion?
>
>
Pursuant to this confusing situation, some countries have therefore asked Facebook and other social networks to comply with their home legislation. For instance, Canadahttp://www.priv.gc.ca/media/nr-c/2009/nr-c_090827_f.cfm pressed last August Facebook to delete people’s profile within a year after they decease, proposing Facebook users to suppress their accounts- and not solely ‘deactivate’-, or limiting access to personal information by application developers. Good compromise to be applied in my friend’s example, some might say, between the necessity of a common burial place and the respect of one’s privacy life, family’s mourning…and facebook’s reputation. But can we expect the establishment of a general right to oblivion?
 
Line: 51 to 51
 
Changed:
<
<
Facebook does not know any borders, and it would be hard to apply a specific body of laws that would be in force in a particular country. People need, therefore, to rely on domestic agencies to protect the right to privacy, which more often than are insufficient. Through the 4th Internet Forum Governancehttp://www.intgovforum.org/cms/, the recent talks that were under the UN supervizion were to explore this issue. Participating countries came up with an unsatisfactory agreement on a charter establishing international standards on data protection and privacy life. Nowhere can be found any trace of right to oblivion, an issue the French secretary of state http://www.sciences-po.fr/portail/fr-fr/actualites.html?mode=show&id=338 to Internet and new technologies made her priority. Shocking, I thought. But understandable, when you look closer to the funding contributors list.http://www.intgovforum.org/cms/index.php/funding
>
>
Facebook does not know any borders, and it would be hard to apply a specific body of laws that would be in force in a particular country. People need, therefore, to rely on domestic agencies to protect the right to privacy, which more often than are insufficient. Through the 4th Internet Forum Governancehttp://www.intgovforum.org/cms/, the recent talks that were under the UN supervizion were to explore this issue. Participating countries came up with an unsatisfactory agreement on a charter establishing international standards on data protection and privacy life. Nowhere can be found any trace of right to oblivion, an issue the French secretary of state http://www.sciences-po.fr/portail/fr-fr/actualites.html?mode=show&id=338 to Internet and new technologies made her priority. Shocking, I thought. But understandable, when you look closer to the funding contributors list.http://www.intgovforum.org/cms/index.php/funding
 
Line: 64 to 64
 

Added:
>
>

Kamel,

Since you suggested comments from the class, I added this comment box to your page. You can delete it if you like of course, just find the text that says %COMMENT% and delete it. It will be near the bottom of the page in edit mode. I also modified the hyperlinks since they previously all linked to http://.../. All I did was copy the text of the link that you included in your essay into the hyperlink code. Here's how it works so you can do it too (I'm copying from Justin's explanation of this elsewhere). A link should be coded in edit view like this:

[[LINK][LINK TEXT]]

So if you wanted "Megan's Laws" to hyperlink to http://en.wikipedia.org/wiki/Megan's_Law you would use the above syntax with:

LINK = http://en.wikipedia.org/wiki/Megan's_Law 
LINK TEXT = Megan's Law

So in the end, it would look like this:

[[http://en.wikipedia.org/wiki/Megan's_Law][Megan's Law]]

I hope that is helpful. I will try to return to provide substantive comments at a later time.

-- BrianS - 03 Dec 2009

 
<--/commentPlugin-->
 
META TOPICMOVED by="IanSullivan" date="1259624573" from="LawNetSoc.TWikiGuestFirstPaper" to="LawNetSoc.KamelBFirstPaper"

Revision 13r13 - 03 Dec 2009 - 06:22:00 - BrianS
Revision 12r12 - 30 Nov 2009 - 23:42:53 - IanSullivan
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM