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Ethical Issues in the Online World

Welcome to the blog of the Internet Ethics program at the Markkula Center for Applied Ethics, Santa Clara University. Program Director Irina Raicu will be joined by various guests in discussing the ethical issues that arise continuously on the Internet; we hope to host a robust conversation about them, and we look forward to your comments.

The following postings have been filtered by tag harm. clear filter
  •  Nothing to Hide? Nothing to Protect?

    Wednesday, Aug. 19, 2015

    Despite numerous articles and at least one full-length book debunking the premises and implications of this particular claim, “I have nothing to hide” is still a common reply offered by many Americans when asked whether they care about privacy.

    What does that really mean?

    An article by Conor Friedersdorf, published in The Atlantic, offers one assessment. It is titled “This Man Has Nothing to Hide—Not Even His Email Password.” (I’ll wait while you consider changing your email password right now, and then decide to do it some other time.) The piece details Friedersdorf’s interaction with a man named Noah Dyer, who responded to the writer’s standard challenge—"Would you prove [that you have nothing to hide] by giving me access to your email accounts, … along with your credit card statements and bank records?"—by actually providing all of that information. Friedersdorf then considers the ethical implications of Dyer’s philosophy of privacy-lessness, while carefully navigating the ethical shoals of his own decisions about which of Dyer’s information to look at and which to publish in his own article.

    Admitting to a newfound though limited respect for Dyer’s commitment to drastic self-revelation, Friedersdorf ultimately reaches, however, a different conclusion:

    Since Dyer granted that he was vulnerable to information asymmetries and nevertheless opted for disclosure, I had to admit that, however foolishly, he could legitimately claim he has nothing to hide. What had never occurred to me, until I sat in front of his open email account, is how objectionable I find that attitude. Every one of us is entrusted with information that our family, friends, colleagues, and acquaintances would rather that we kept private, and while there is no absolute obligation for us to comply with their wishes—there are, indeed, times when we have a moral obligation to speak out in order to defend other goods—assigning the privacy of others a value of zero is callous.

    I think it is more than callous, though. It is an abdication of our responsibility to protect others, whose calculations about disclosure and risk might be very different from our own. Saying “I have nothing to hide” is tantamount to saying “I have nothing and no one to protect.” It is either an acknowledgment of a very lonely existence or a devastating failure of empathy and imagination.

    As Friedersdorf describes him, Dyer is not a hermit; he has interactions with many people, at least some of whom (including his children) he appears to care about. And, in his case, his abdication is not complete; it is, rather, a shifting of responsibility. Because while he did disclose much of his personal information (which of course included the personal details of many others who had not been consulted, and whose “value system,” unlike his own, may not include radical transparency), Dyer wrote to Friedersdorf, the reporter, “[a]dditionally, while you may paint whatever picture of me you are inclined to based on the data and our conversations, I would ask you to exercise restraint in embarrassing others whose lives have crossed my path…”

    In other words, “I have nothing to hide; please hide it for me.”

    “I have nothing to hide” misses the fact that no person is an island, and much of every person’s data is tangled, interwoven, and created in conjunction with, other people’s.

    The theme of the selfishness or lack of perspective embedded in the “nothing to hide” response is echoed in a recent commentary by lawyer and privacy activist Malavika Jayaram. In an article about India’s Aadhar ID system, Jayaram quotes Edward Snowden, who in a Reddit AMA session once said that “[a]rguing that you don’t care about the right to privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say.” Jayaram builds on that, writing that the “nothing to hide” argument “locates privacy at an individual (some would say selfish) level and ignores the collective, societal benefits that it engenders and protects, such as the freedom of speech and association.”

    She rightly points out, as well, that the “’nothing to hide’ rhetoric … equates a legitimate desire for space and dignity to something sinister and suspect” and “puts the burden on those under surveillance … , rather than on the system to justify why it is needed and to implement the checks and balances required to make it proportional, fair, just and humane.”

    But there might be something else going on, at the same time, in the rhetorical shift from “privacy” to “something to hide”—a kind of deflection, of finger-pointing elsewhere: There, those are the people who have “something to hide”—not me! Nothing to see here, folks who might be watching. I accept your language, your framing of the issue, and your conclusions about the balancing of values or rights involved. Look elsewhere for troublemakers.

    Viewed this way, the “nothing to hide” response is neither naïve nor simplistically selfish; it is an effort—perhaps unconscious—at camouflage. The opposite of radical transparency.

    The same impetus might present itself in a different, also frequent response to questions about privacy and surveillance: “I’m not that interesting. Nobody would want to look at my information. People could look at information about me and it would all be banal.” Or maybe that is, for some people, a reaction to feelings of helplessness. If every day people read articles advising them about steps to take to protect their online privacy, and every other day they read articles explaining how those defensive measures are defeated by more sophisticated actors, is it surprising that some might try to reassure themselves (if not assure others) that their privacy is not really worth breaching?

    But even if we’re not “interesting,” whatever that means, we all do have information, about ourselves and others, that we need to protect. And our society gives us rights that we need to protect, too--for our sake and others'.

    Photo by Hattie Stroud, used without modification under a Creative Commons license.

  •  Which Students? Which Rights? Which Privacy?

    Friday, May. 29, 2015

     

    Last week, researcher danah boyd, who has written extensively about young people’s attitudes toward privacy (and debunked many pervasive “gut feelings” about those attitudes and related behaviors), wrote a piece about the several bills now working their way through Congress that aim to protect “student privacy.” boyd is not impressed. While she agrees that reform of current educational privacy laws is much needed, she writes, "Of course, even though this is all about *students*, they don’t actually have a lot of power in any of these bills. It’s all a question of who can speak on their behalf and who is supposed to protect them from the evils of the world. And what kind of punishment for breaches is most appropriate."
     
    boyd highlights four different “threat models” and argues that the proposed bills do nothing to address two of those: the “Consumer Finance Threat Model,” in which student data would “fuel the student debt ecosystem,” and the “Criminal Justice Threat Model,” in which such data would help build “new policing architectures.”
     
    As boyd puts it, “the risks that we’re concerned about are shaped by the fears of privileged parents.”
     
    In a related post called “Students: The one group missing from student data privacy laws and bills,” journalist Larry Magid adds that the proposed bills “are all about parental rights but only empower students once they turn 18.” Referencing boyd’s research, he broadens the conversation to argue that “[i]t’s about time we start to respect privacy, free speech rights and intellectual property rights of children.”
     
    While free speech and property rights are important, the protection of privacy in particular is essential for the full development of the self. The fact that children and young people need some degree of privacy not just from government or marketers but from their own well-intentioned family members has been particularly obscured by pervasive tropes like “young people today don’t care about privacy.”
     
    Of course, one way to combat those false tropes is to talk to young people directly. Just ask them: are there some things they keep to themselves, or share only with a few close friends or family members? And no, the fact that some of them post lots of things on social media that their elders might not does not mean that they “don’t care about privacy.” It just means that privacy boundaries vary—from generation to generation, from culture to culture, from context to context, from individual to individual.
     
    The best recent retort to statements about young people and privacy comes from security expert Bruce Schneier, who answered a question from an interviewer with some questions of his own: "Who are all these kids who are growing up without the concept of digital privacy? Is there even one? … All people care deeply about privacy—analog, digital, everything—and kids are especially sensitive about privacy from their parents, teachers, and friends. … Privacy is a vital aspect of human dignity, and we all value it."
     
    Given that, boyd’s critique of current efforts aimed at protecting student privacy is a call to action: Policy makers (and, really, all of us) need to better understand the true threats, and to better protect those who are most vulnerable in a “hypersurveilled world.”

     

    Photo by Theen Moy, used without modification under a Creative Commons license.

  •  Trust, Self-Criticism, and Open Debate

    Tuesday, Mar. 17, 2015
    President Barack Obama speaks at the White House Summit on Cybersecurity and Consumer Protection in Stanford, Calif., Friday, Feb. 13, 2015. (AP Photo/Jeff Chiu)

    Last November, the director of the NSA came to Silicon Valley and spoke about the need for increased collaboration among governmental agencies and private companies in the battle for cybersecurity.  Last month, President Obama came to Silicon Valley as well, and signed an executive order aimed at promoting information sharing about cyberthreats.  In his remarks ahead of that signing, he noted that the government “has its own significant capabilities in the cyber world” and added that when it comes to safeguards against governmental intrusions on privacy, “the technology so often outstrips whatever rules and structures and standards have been put in place, which means the government has to be constantly self-critical and we have to be able to have an open debate about it.”

    Five days later, on February 19, The Intercept reported that back in 2010 “American and British spies hacked into the internal computer network of the largest manufacturer of SIM cards in the world, stealing encryption keys used to protect the privacy of cellphone communications across the globe….” A few days after that, on February 23, at a cybersecurity conference, the director of the NSA was confronted by the chief information security officer of Yahoo in an exchange which, according to the managing editor of the Just Security blog, “illustrated the chasm between some leading technology companies and the intelligence community.”

    Then, on March 10th, The Intercept reported that in 2012 security researchers working with the CIA “claimed they had created a modified version of Apple’s proprietary software development tool, Xcode, which could sneak surveillance backdoors into any apps or programs created using the tool. Xcode, which is distributed by Apple to hundreds of thousands of developers, is used to create apps that are sold through Apple’s App Store.” Xcode’s product manager reacted on Twitter: “So. F-----g. Angry.”

    Needless to say, it hasn’t been a good month for the push toward increased cooperation. However, to put those recent reactions in a bit more historical context, in October 2013, it was Google’s chief legal officer, David Drummond, who reacted to reports that Google’s data links had been hacked by the NSA: "We are outraged at the lengths to which the government seems to have gone to intercept data from our private fibre networks,” he said, “and it underscores the need for urgent reform." In May 2014, following reports that some Cisco products had been altered by the NSA, Mark Chandler, Cisco’s general counsel, wrote that the “failure to have rules [that restrict what the intelligence agencies may do] does not enhance national security ….”

    If the goal is increased collaboration between the public and private sector on issues related to cybersecurity, many commentators have observed that the issue most hampering that is a lack of trust. Things are not likely to get better as long as the anger and lack of trust are left unaddressed.  If President Obama is right in noting that, in a world in which technology routinely outstrips rules and standards, the government must be “constantly self-critical,” then high-level visits to Silicon Valley should include that element, much more openly than they have until now.

     

  •  Luciano Floridi’s Talk at Santa Clara University

    Tuesday, Mar. 10, 2015

     

     
    In the polarized debate about the so-called “right to be forgotten” prompted by an important decision issued by the European Court of Justice last year, Luciano Floridi has played a key role. Floridi, who is Professor of Philosophy and Ethics of Information at the University of Oxford and Director of Research of the Oxford Internet Institute, accepted Google’s invitation to join its advisory council on that topic. While the council was making its way around seven European capitals pursuing both expert and public input, Professor Floridi (the only ethicist in the group) wrote several articles about his evolving understanding of the issues involved—including “Google's privacy ethics tour of Europe: a complex balancing act”; “Google ethics tour: should readers be told a link has been removed?”; “The right to be forgotten – the road ahead”; and “Right to be forgotten poses more questions than answers.”
     
    Last month, after the advisory council released its much-anticipated report, Professor Floridi spoke at Santa Clara University (his lecture was part of our ongoing “IT, Ethics, and Law” lecture series). In his talk, titled “Recording, Recalling, Retrieving, Remembering: Memory in the Information Age,” Floridi embedded his analysis of the European court decision into a broader exploration of the nature of memory itself; the role of memory in the European philosophical tradition; and the relationship among memory, identity, forgiveness, and closure. As Floridi explained, the misnamed “right to be forgotten” is really about closure, which is in turn not about forgetting but about “rightly managing your past memory.”
     
    Here is the video of that talk. We hope that it will add much-needed context to the more nuanced conversation that is now developing around the balancing of the rights, needs, and responsibilities of all of the stakeholders involved in this debate, as Google continues to process the hundreds of thousands of requests for de-linking submitted so far in the E.U.
     
    If you would like to be added to our “IT, Ethics, and Law” mailing list in order to be notified of future events in the lecture series, please email ethics@scu.edu.

     

  •  On Remembering, Forgetting, and Delisting

    Friday, Feb. 20, 2015
     
    Over the last two weeks, Julia Powles, who is a law and technology researcher at the University of Cambridge, has published two interesting pieces on privacy, free speech, and the “right to be forgotten”: “Swamplands of the Internet: Speech and Privacy,” and “How Google Determined Our Right to Be Forgotten” (the latter co-authored by Enrique Chaparro). They are both very much worth reading, especially for folks whose work impacts the privacy rights (or preferences, if you prefer) of people around the world.
     
    Today, a piece that I wrote, which also touches on the “right to be forgotten,” was published in Re/code. It’s titled “The Right to Be Forgotten, the Privilege to Be Remembered.” I hope you’ll read that, too!
     
    And earlier in February, Google’s Advisory Council issued its much-anticipated report on the issue, which seeks to clarify the outlines of the debate surrounding it and offers suggestions for the implementation of “delisting.”
     
    One of the authors of that report, Professor Luciano Floridi, will be speaking at Santa Clara University on Wednesday, 2/25, as part of our “IT, Ethics and Law” lecture series.  Floridi is Professor of Philosophy and Ethics of Information at the University of Oxford and the Director of Research of the Oxford Internet Institute. His talk is titled “Recording, Recalling, Retrieving, Remembering: Memory in the Information Age.” The event is free and open to the public; if you live in the area and are interested in memory, free speech, and privacy online, we hope you will join us and RSVP!
     
    [And if you would like to be added to our mailing list for the lecture series—which has recently hosted panel presentations on ethical hacking, the ethics of online price discrimination, and privacy by design and software engineering ethics—please email ethics@scu.edu.] 
     
    Photo by Minchioletta, used without modification under a Creative Commons license.
  •  Should You Watch? On the Responsibility of Content Consumers

    Tuesday, Sep. 23, 2014

    This fall, Internet users have had the opportunity to view naked photographs of celebrities (which were obtained without approval, from private iCloud accounts, and then—again without consent—distributed widely).  They were also able to watch journalists and an aid worker being beheaded by a member of a terrorist organization that then uploaded the videos of the killings to various social media channels.  And they were also invited to watch a woman being rendered unconscious by a punch from a football player who was her fiancé at the time; the video of that incident was obtained from a surveillance camera inside a hotel elevator.

    These cases have been accompanied by heated debates around the issues of journalism ethics and the responsibilities of social media platforms. Increasingly, though, a question is arising about the responsibility of the Internet users themselves—the consumers of online content. The question is, should they watch?
     
    Would You Watch [the beheading videos]?” ask CNN and ABC News. “Should You Watch the Ray Rice Assault Video?” asks Shape magazine. “Should We Look—Or Look Away?” asks Canada’s National Post. And, in a broader article about the “consequences and import of ubiquitous, Internet-connected photography” (and video), The Atlantic’s Robinson Mayer reflects on all three of the cases noted above; his piece is titled “Pics or It Didn’t Happen.”
     
    Many commentators have argued that to watch those videos or look at those pictures is a violation of the privacy of the victims depicted in them; that not watching is a sign of respect; or that the act of watching might cause new harm to the victims or to people associated with them (friends, family members, etc.). Others have argued that watching the beheading videos is necessary “if the depravity of war is to be understood and, hopefully, dealt with,” or that watching the videos of Ray Rice hitting his fiancé will help change people’s attitudes toward domestic violence.
     
    What do you think?
     
    Would it be unethical to watch the videos discussed above? Why?
     
    Would it be unethical to look at the photos discussed above? Why?
     
    Are the three cases addressed above so distinct from each other that one can’t give a single answer about them all?  If so, which of them would you watch, or refuse to watch, and why?
     
    Photo by Matthew Montgomery, used without modification under a Creative Commons license.
  •  The Disconnect: Accountability and Consequences Online

    Sunday, Apr. 28, 2013

    Do we need more editorial control on the Web?  In this brief clip, the Chairman, President, and Chief Executive Officer of Seagate Technology, Stephen Luczo, argues that we do.  He also cautions that digital media channels sometimes unwittingly lend a gloss of credibility to some stories that don't deserve it (as was recently demonstrated in the coverage of the Boston bombing).  Luczo views this as a symptom of a broader breakdown among responsibility, accountability, and consequences in the online world.  Is the much-vaunted freedom of the Internet diminishing the amount of substantive feedback that we get for doing something positive--or negative--for society?

    Chad Raphael, Chair of the Communication Department and Associate Professor at Santa Clara University, responds to Luczo's comments:

    "It's true that the scope and speed of news circulation on the Internet worsens longstanding problems of countering misinformation and holding the sources that generate it accountable.  But journalism's traditional gatekeepers were never able to do these jobs alone, as Senator Joseph McCarthy knew all too well.  News organizations make their job harder with each new round of layoffs of experienced journalists.

    There are new entities emerging online that can help fulfill these traditional journalistic functions, but we need to do more to connect, augment, and enshrine them in online news spaces. Some of these organizations, such as News Trust, crowdsource the problem of misinformation by enlisting many minds to review news stories and alert the public to inaccuracy and manipulation.  Their greatest value may be as watchdogs who can sound the alarm on suspicious material.  Other web sites, such as FactCheck.org, rely on trained professionals to evaluate political actors' claims.  They can pick up tips from multiple watchdogs, some of them more partisan than others, and evaluate those tips as fair-minded judges.  We need them to expand their scope beyond checking politicians to include other public actors.  The judges could also use some more robust programs for tracking the spread of info-viruses back to their sources, so they can be identified and exposed quickly.  We also need better ways to publicize the online judges' verdicts. 

    If search engines and other news aggregators aim to organize the world's information for us, it seems within their mission to let us know what sources, stories, and news organizations have been more and less accurate over time.  Even more importantly, aggregators might start ranking better performing sources higher in their search results, creating a powerful economic incentive to get the story right rather than getting it first.

    Does that raise First Amendment concerns? Sure. But we already balance the right to free speech against other important rights, including reputation, privacy, and public safety.  And the Internet is likely to remain the Wild West until Google, Yahoo!, Digg, and other news aggregators start separating the good, the bad, and the ugly by organizing information according to its credibility, not just its popularity."

    Chad Raphael

  •  Internet Access Is a Privilege

    Sunday, Apr. 21, 2013

    What would our lives be like if we no longer had access to the Internet?  How much good would we lose?  How much harm would we be spared?  Is Internet access a right?  These days, whether or not we think of access to it as a right, many of us take the Internet for granted.  In this brief video, Apple co-founder A. C. "Mike" Markkula Jr. looks at the big picture, argues that Internet use is a privilege, and considers ways to minimize some of the harms associated with it, while fully appreciating its benefits.

    In an op-ed published in the New York Times last year, Vint Cerf (who is often described as one of the "fathers of the Internet" and is currently a vice president and chief Internet evangelist for Google) argued along similar lines:

    "As we seek to advance the state of the art in technology and its use in society, [engineers] must be conscious of our civil responsibilities in addition to our engineering expertise.  Improving the Internet is just one means, albeit an important one, by which to improve the human condition. It must be done with an appreciation for the civil and human rights that deserve protection--without pretending that access itself is such a right."