Win18_Phil302 Cyberethics’s Updates

Lesson 11: Privacy, Free Speech, Freedom, and Security

Module 7, Lesson 11—Privacy, Free Speech, Freedom, and Security.

In this module we are concerned with understanding how our beliefs in human rights interact with digital technologies.  Recall that human rights refer to the belief that humans have certain inalienable rights that they gain simply by being human.  Maintaining human rights is a very difficult challenge in the physical world and the online world adds even more complexity to the problem.  To further complicate things, digital technologies operate mostly on line and therefore internationally.  There is not widespread agreement on all human rights which means that if you release an app, webpage, program into the world, one country may find it useful while others may find it a gross violation of human rights.

The Right to be Forgotten

Here is a case in point.  French law recognizes “the right of oblivion,” which gives the right to those convicted of a crime and whom serve their sentence and become rehabilitated to have the right to restrict the publication of the details of their earlier conviction and incarceration.  This is to allow them to reenter society and function without the stigma of their past haunting them.  Similar laws are encountered across Europe but they are not found in the US.  This has led to some problems involving Wikipedia, one example being a law suit leveled on Wikipedia by two former murderers to remove information that named them as the killers of a popular actor from that actors Wikipedia page.  Do you have the right to have your past misdeeds forgotten?  How far does this right extend?  To criminal convictions or civil suits, ex love affairs or pictures you posted to the web but now regret?  Let’s get up to speed on this by listing to this lecture by the Oxford philosopher Lucian Floridi who has worked with Google to help make sense of recent rulings on this right coming out of the European Union.

Rights and Computer Ethics

We are now going to read this article:

J. P. Sullins, 2010: “Rights and Computer Ethics,” in The Cambridge Handbook of Information and Computer Ethics, Cambridge: Cambridge University Press. Luciano Floridi (ed) 2010.

Ch 8, Rights and Computer Ethics, J.P. Sullins

From this article, pay particular attention to the fact that rights like free speech and privacy can conflict in ways that do not allow for a solution where both rights can be honored at the same time.  It is often the case that one has to give way for the other to be expressed.  Making these hard choices can only be accomplished by appealing to the various ethical theories we have studied in this class so far.

Freedom vs. Security

One of the most vexing problems of our time is the difficulty in granting rights to personal freedom while also guaranteeing collective security.   The more you have of one, the less you can have of the other, regardless of that we want both at the same time. 

To frame our thoughts on this problem, let’s look at the work of Yochai Benkler who argues that in some cases we have given up freedoms without even getting increased security in return.  Please read this article.

In the last section of this lesson we will think about what the War on Terror has done to civil liberties in the United States and how we might recover from where history has taken us to.  Please read this article: Liberty’s lost decade.

 

Assignment 17, Writing reflection (200-400 words), posted to the comments section below—While we have read some terrifying accounts of the use of technology to curtail liberties, we should also remember that digital technologies have a great capacity for advancing liberty and freedom of speech.  Think of an example from your own life, career, or from the news that illustrates this.  What is your considered opinion on the balance of freedom of speech and security?

 

  • Claire Hosburgh
  • Laurel Poff
  • Lucia Pulido
  • Ashey Narciso
  • Stacie Bernasconi
  • Jennifer Guerrero
  • Rachel Bertram
  • Kimberly Laivo
  • Justin Bernard
  • Samantha Noriega