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Balancing Privacy And Free Speech

Author: Mark Tunick
Publisher: Routledge
ISBN: 1317650379
Size: 56.40 MB
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In an age of smartphones, Facebook and YouTube, privacy may seem to be a norm of the past. This book addresses ethical and legal questions that arise when media technologies are used to give individuals unwanted attention. Drawing from a broad range of cases within the US, UK, Australia, Europe, and elsewhere, Mark Tunick asks whether privacy interests can ever be weightier than society’s interest in free speech and access to information. Taking a comparative and interdisciplinary approach, and drawing on the work of political theorist Jeremy Waldron concerning toleration, the book argues that we can still have a legitimate interest in controlling the extent to which information about us is disseminated. The book begins by exploring why privacy and free speech are valuable, before developing a framework for weighing these conflicting values. By taking up key cases in the US and Europe, and the debate about a ‘right to be forgotten’, Tunick discusses the potential costs of limiting free speech, and points to legal remedies and other ways to develop new social attitudes to privacy in an age of instant information sharing. This book will be of great interest to students of privacy law, legal ethics, internet governance and media law in general.

Law Of Electronic Commercial Transactions

Author: Faye Fangfei Wang
Publisher: Routledge
ISBN: 1135272395
Size: 56.70 MB
Format: PDF, ePub
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This book compares the legislative frameworks in the EU, US, China and International Organisations applicable to e-commerce and highlights the main legal obstacles to the development of electronic contracts and signatures, as well as Internet jurisdiction and online dispute resolutions, before going on to suggest a solution through the sensible modernisation and harmonisation of international electronic commercial law rules.

Engaging Privacy And Information Technology In A Digital Age

Author: Committee on Privacy in the Information Age
Publisher: National Academies Press
ISBN: 0309103924
Size: 35.69 MB
Format: PDF, Kindle
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Privacy is a growing concern in the United States and around the world. The spread of the Internet and the seemingly boundaryless options for collecting, saving, sharing, and comparing information trigger consumer worries. Online practices of business and government agencies may present new ways to compromise privacy, and e-commerce and technologies that make a wide range of personal information available to anyone with a Web browser only begin to hint at the possibilities for inappropriate or unwarranted intrusion into our personal lives. Engaging Privacy and Information Technology in a Digital Age presents a comprehensive and multidisciplinary examination of privacy in the information age. It explores such important concepts as how the threats to privacy evolving, how can privacy be protected and how society can balance the interests of individuals, businesses and government in ways that promote privacy reasonably and effectively? This book seeks to raise awareness of the web of connectedness among the actions one takes and the privacy policies that are enacted, and provides a variety of tools and concepts with which debates over privacy can be more fruitfully engaged. Engaging Privacy and Information Technology in a Digital Age focuses on three major components affecting notions, perceptions, and expectations of privacy: technological change, societal shifts, and circumstantial discontinuities. This book will be of special interest to anyone interested in understanding why privacy issues are often so intractable.

Intentional Tort Litigation In Australia

Author: Corrie Goodhand
Publisher:
ISBN: 9781862879638
Size: 51.76 MB
Format: PDF
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Intentional Tort Litigation in Australia considers the high frequency intentional torts of assault, battery, false imprisonment and malicious prosecution throughout Australia. It provides an analysis of the elements of each tort and commentary. The authors consider practical matters necessary in determining whether a claim may be brought; if so, how and against whom; what potential damages, or limitation of damages, may exist; possible defences at common law or arising under statute; and relevant issues that arise in obtaining and using documents in these proceedings. The book is a useful foundation and practical guide for lawyers conducting intentional tort litigation. It will also assist students in understanding the fundamental legal principles relating to these torts and their practical application.

Punishment

Author: Mark Tunick
Publisher: Univ of California Press
ISBN: 9780520912311
Size: 64.29 MB
Format: PDF, Docs
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What actions should be punished? Should plea-bargaining be allowed? How should sentencing be determined? In this original, penetrating study, Mark Tunick explores not only why society punishes wrongdoing, but also how it implements punishment. Contending that the theory and practice of punishment are inherently linked, Tunick draws on a broad range of thinkers, from the radical criticisms of Nietzsche, Foucault, and some Marxist theorists through the sociological theories of Durkheim and Girard to various philosophical traditions and the "law and economics" movement. He defends punishment against its radical critics and offers a version of retribution, distinct from revenge, that holds that we punish not to deter or reform, but to mete out just deserts, vindicate right, and express society's righteous anger. Demonstrating first how this theory best accounts for how punishment is carried out, he then provides "immanent criticism" of certain features of our practice that don't accord with the retributive principle. Thought-provoking and deftly argued, Punishment will garner attention and spark debate among political theorists, philosophers, legal scholars, sociologists, and criminologists.

Human Rights In The Digital Age

Author: Mathias Klang
Publisher: Psychology Press
ISBN: 1904385311
Size: 35.80 MB
Format: PDF, ePub, Docs
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The digital age began in 1939 with the construction of the first digital computer. In the sixty-five years that have followed, the influence of digitisation on our everyday lives has grown steadily and today digital technology has a greater influence on our lives than at any time since its development. This book examines the role played by digital technology in both the exercise and suppression of human rights. The global digital environment has allowed us to reinterpret the concept of universal human rights. Discourse on human rights need no longer be limited by national or cultural boundaries and individuals have the ability to create new forms in which to exercise their rights or even to bypass national limitations to rights. The defence of such rights is meanwhile under constant assault by the newfound ability of states to both suppress and control individual rights through the application of these same digital technologies. This book gathers together an international group of experts working within this rapidly developing area of law and technology and focuses their attantion on the specific interaction between human rights and digital technology. This is the first work to explore the challenges brought about by digital technology to fundamental freedoms such as privacy, freedom of expression, access, assembly and dignity. It is essential reading for anyone who fears digital technology will lead to the 'Big Brother' state.

Regulating Code

Author: Ian Brown (Internet consultant)
Publisher: MIT Press
ISBN: 0262018829
Size: 44.22 MB
Format: PDF, ePub
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The case for a smarter "prosumer law" approach to Internet regulation that would better protect online innovation, public safety, and fundamental democratic rights. Internet use has become ubiquitous in the past two decades, but governments, legislators, and their regulatory agencies have struggled to keep up with the rapidly changing Internet technologies and uses. In this groundbreaking collaboration, regulatory lawyer Christopher Marsden and computer scientist Ian Brown analyze the regulatory shaping of "code"--the technological environment of the Internet--to achieve more economically efficient and socially just regulation. They examine five "hard cases" that illustrate the regulatory crisis: privacy and data protection; copyright and creativity incentives; censorship; social networks and user-generated content; and net neutrality. The authors describe the increasing "multistakeholderization" of Internet governance, in which user groups argue for representation in the closed business-government dialogue, seeking to bring in both rights-based and technologically expert perspectives. Brown and Marsden draw out lessons for better future regulation from the regulatory and interoperability failures illustrated by the five cases. They conclude that governments, users, and better functioning markets need a smarter "prosumer law" approach. Prosumer law would be designed to enhance the competitive production of public goods, including innovation, public safety, and fundamental democratic rights.

On Liberty

Author: John Stuart Mill
Publisher:
ISBN: 9781539593317
Size: 54.66 MB
Format: PDF, ePub
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On Liberty is a philosophical work by English philosopher John Stuart Mill, originally intended as a short essay. The work, published in 1859, applies Mill's ethical system of utilitarianism to society and the state. Mill attempts to establish standards for the relationship between authority and liberty. He emphasizes the importance of individuality which he conceived as a prerequisite to the higher pleasures-the summum bonum of Utilitarianism. Furthermore, Mill criticized the errors of past attempts to defend individuality where, for example, democratic ideals resulted in the "tyranny of the majority." Among the standards established in this work are Mill's three basic liberties of individuals, his three legitimate objections to government intervention, and his two maxims regarding the relationship of the individual to society "which together form the entire doctrine of [Mill's] Essay." The ideas presented in On Liberty have remained the basis of much liberal political thought. It has remained in print continuously since its initial publication. To this day, a copy of On Liberty is passed to the president of the British Liberal Democrats as a symbol of office. A copy of the same book is also presented to and then held by the president of the Liberal Party as a symbol of office.

Ethics And Technology

Author: Herman T. Tavani
Publisher: John Wiley & Sons
ISBN: 0470509503
Size: 35.43 MB
Format: PDF, ePub
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Information technology professionals must not only have a strong understanding of the latest technology, but they also need to be grounded in ethics. The third edition provides them with the information they need to succeed in the field. Each chapter is updated with new case studies and scenarios to provide the most current information. Review and discussion questions are included to reinforce key concepts. The in-text citations and references are revised to offer additional resources. Updated material is also presented on online communities and democracy, globalization and job outsourcing, security for wireless networking, and international cybercrime legislation. This enables information technology professionals to apply the concepts with a focus on ethics.

Practices And Principles

Author: Mark Tunick
Publisher: Princeton University Press
ISBN: 9780691070797
Size: 37.45 MB
Format: PDF, ePub
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In Practices and Principles, Mark Tunick takes up the debate between universalists and relativists, and, in political philosophy, between communitarians and liberals, each of which has roots in an earlier debate between Kant and Hegel.