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  • 1. Free Speech,Privacy& the Webthat Never Forgets
  • 2. MPM 107 | SECTION 11SARA ZAFRA an introduction to the article: FREE SPEECH, PRIVACY AND T HE WEB THAT NEVER FORGETS By JEFFREY ROSEN* University and * Jeffrey Rosen is a profes sor of law at The George Washington author of The Supreme the legal affairs editor of The New Republic. He the , The Most Court: The Personalitie s and Rivalries that Defined America wanted Gaze. Rosen is a Democratic Br anch, The Naked Crowd, and The Un University, where he graduate of Harvard College, summa cum laude; Oxford w School. was a Marshall Scholar; and Yale La 2
  • 3. MPM 107 | SECTION 11SARA ZAFRA so what is it all about? Search engines, social networking sites, newspaper websites, (e.g. MySpace, Bing, Google, Facebook, TigerText) and other methods of transmitting data (e.g. text messaging, mobile apps) are all linked in order for viewers to browse the web conveniently and easily. , Perso nal information In other wor d st ories, news, an information ds, all this ed im ages are all link r ‘digital cloud is stored in t he through ‘tags’, in orde the wireless ’ (referring t o for to m ake searching body). and digital information s t. straigh tforward and fa 3
  • 4. MPM 107 | SECTION 11SARA ZAFRA Main Points to Cover: •the issue behind internet privacy and protection of personal information 1.some examples of people who were negatively affected 2.proposed solu tions to this problem of free speech and privacy ive 3.why these solutions are not always effect 4.examples of alternative solutions that have been a implemented in other countries outside of Americ 4
  • 5. MPM 107 | SECTION 11SARA ZAFRA why is this a problem? is Any information recorded There is no system om or stored and c an be viewed fr means to measure the anywhere. ‘acceptability’ or ‘tolerability’ of an a r ction Removing information, fo or behaviour (the degree one example, a nd image, from of ‘offensiveness’ d epends ot or several w ebsites does n on opinion). entirely rem ove it from the and there will There are no laws or rules that can control this ‘digital cloud’, g always be some remainin growing problem, due to: traces. •the vast volume of information. Harmful •the enormous amount of people who are ation I nform affected •the indistinct and ambiguous manner of that which5is to be controlled
  • 6. MPM 107 | SECTION 11SARA ZAFRA what are the consequences? Leads to: •people losing jobs anions d people losing promot a bad reputation that is known worldwide no privacy: everyone can have access to your personal information, images, etc. leads to ‘tangible’ and ‘dignitary’ harms image source: http://washingtonindependent.com/wp-content/uploads/2010/06/unemployment.jpg 6
  • 7. MPM 107 | SECTION 11SARA ZAFRA examples of people who were affectedImage Source:Teachers Virtual Lives Conflict With Classroomabc News: http://abcnews.go.com/TheLaw/story?id=4791295&page=1#.UHmcVhiViNU Stacey Snyder “Snyder, then 27, claimed in a federal lawsuit scheduled to go to trial Tuesday that Millersville University refused to give her a teaching credential after school administrators learned of a photo on her MySpace page labeled "drunken pirate." She said school officials accused her of promoting underage drinking after seeing the photo, which showed Snyder wearing a pirate hat and drinking out of a yellow cup. Those pages, similar to those of thousands of 20- somethings who grew up with their lives displayed online for all to see, can carry consequences. Teachers in several states have been suspended or fired for their online profiles, leading some school districts to begin crafting policies to regulate the virtual lives of their employees.” - quoted from the article: Teachers’ Virtual Lives Conflict With Classroom by Scott Michels, May 6 2008 7
  • 8. MPM 107 | SECTION 11SARA ZAFRA examples of people who were affectedVideo Source: Albert ArnoldAl Gore Sex ScandalYouTube: http://www.youtube.com/watch?v=KZrmmD8z0GY "Al" Gore, Jr. •He served as the 45th Vice President of the United States (19 93–2001), under President Bill Clinton. •Molly Hagerty, 54, a Portland massage therapist claims that the former Vice President Al Gore sexually assaulted her. QuickTime™ and a decompressor are needed to see this picture. Implications “Gossip that used to be spoken is now written down and has to be responded to, a transformation that is also challenging the distinction between low and high press.” - quoted from the article: Free Speech, Privacy, And The Web That Never Forgets by Jeffrey Rosen 8
  • 9. MPM 107 | SECTION 11SARA ZAFRA examples of people who were affectedVideo Source:YouTube : Rutger’s Student Death: Why?http://www.youtube.com/watch?v=R7YlWf9X_I4&feature=related Student Commits Suicide “This is the tragic case of the young Rutger’s student whose roommate turned on a webcam in their shared dorm and live- broadcasted his dorm room intimacies. The young man was so upset that QuickTime™ and a decompressor days later he committed suicide. are needed to see this picture. Rutgers students are debating whether a five year sentence is too harsh, but few people are disputing that extreme sexual surveillance should be actionable.” - quoted from the article: Free Speech, Privacy, And The Web That Never Forgets by Jeffrey Rosen 9
  • 10. MPM 107 | SECTION 11SARA ZAFRA Q : How do we control what information is shown on the web? 10
  • 11. MPM 107 | SECTION 11SARA ZAFRA proposed solutions for the US: Idea #1 ‘A right to oblivion.’ How would it wo r k? •A right to be forgotten. “You would need an international tribun al of “Google and Yahoo should not forgetfullness to ad judicate on a be allowed to index the picture case-by-case basis what pictures even if they want to, and they had to come up an d w ha t c a m e should have to pay you damages down.” if they index the picture in ways - quoted from the Q : Who decides article: Free Speec that cause you moral harm.” Privacy, And The W Forgets by Jeffrey R eb That Never h, what is offensive and ch, - quoted from the article: Free Spee osen Privacy, And The Web That Never what should be Forgets by Jeffrey Rosen taken off the web? 11
  • 12. MPM 107 | SECTION 11SARA ZAFRA what’s wrong with this solution? Idea #1 French data protection president, Alex Türk, ‘A right to oblivion.’ proposed that ‘you should be able to remove embarrassing information about yourself.’ •A right to be forgotten. “Google and Yahoo should not “This is an extremely French notion. In America we want to be allowed to index the picture be remembered; the French want to be forgotten. even if they want to, and they ... should have to pay you damages if they index the picture in ways If forced to choose right now, without more details, would that cause you moral harm.” you endorse a legally enforceable right to oblivion or do you ch, prefer the free speech side?” - quoted from the article: Free Spee Privacy, And The Web That Never - quoted from the article: Free Speech, Privacy, And The Web That Never Forgets by Jeffrey Rosen Forgets by Jeffrey Rosen 12
  • 13. MPM 107 | SECTION 11SARA ZAFRA proposed solutions for the US: Idea #2 The Four Brandeis Torts been invaded could That is, a person whose privacy has torts still exist today, sue the invader for damages. These branches: and are contoured as four separate electronic 1. Intrusion of solitude: physical or intrusion into one’s private quarters. the 2. Public disclosure of private facts: mation which dis semination of truthful, private infor nable. a re asonable person would find objectio Louis Dembitz B ich place a randeis 3. False light: the publication of facts wh facts •Was an Associate Justice on person in false light, even though the the Supreme Court themselves may not be defamatory. of the United States from 1916 to use of a 1939. 4. Appropriation: the unauthorized me benefits. person’s name or likeness to obtain so 13
  • 14. MPM 107 | SECTION 11SARA ZAFRA what’s wrong with this solution? Idea #2 1. Brandeis’ famous article on the right to The Four Brandeis Torts privacy in 1890 was a reaction to the technology used at the time: the instant been invaded could That is, a person whose privacy has camera and the tabloid press. torts still exist today, sue the invader for damages. These branches: and are contoured as four separate • They pose problems for free speech. electronic 1. Intrusion of solitude: physical or intrusion into one’s private quarters. 2. “Trying to identify who is a public figure the and who is not is increasingly elusive.” 2. Public disclosure of private facts: mation which dis semination of truthful, private infor a re asonable person would find objectio nable. • “The sheer scope of gossip is so extreme that the idea that law could constrain it is ich place a 3. False light: the publication of facts wh more implausible than ever.” facts person in false light, even though the themselves may not be defamatory. use of a 4. Appropriation: the unauthorized me benefits. person’s name or likeness to obtain so 14
  • 15. MPM 107 | SECTION 11SARA ZAFRA examples of alternative solutions France & EU: - Has proposed a r Argentina: be forgotten: requ ight to ires search engines to ig - Has cases p ending to force nore to tagged results. to remove or search engines nt. block offensive conte Japan: - Social networking accounts in Japan are ‘pseudonymous’. - People rarely use their real names, so if your friend is genuine and real, you have the option to share you pseudonym. 15
  • 16. MPM 107 | SECTION 11SARA ZAFRA comments from the oppositionVideo Source:Google CEO Eric Schmidt on PrivacyYouTube: http://www.youtube.com/watch?v=A6e7wfDHzew&feature=related QuickTime™ and a decompressor Google CEO Eric are needed to see this picture. Schmidt on Privacy 16