Three Main Aspects of Privacy - Essay Example

? Media Law: Privacy Question According to Lessig, there are three main aspects of privacy. These are: a)Privacy in Private Privacy in private essentially means the right to be left alone whenever one is in his or her own protected space. For example, nobody has the right to enter my house without my permission. In any case that happens then my right to privacy has been violated. Over the years, this concept has evolved and assumed other meanings and definitions; it does not necessarily have to involve someone barging into my protected space without my consent. For instance, my neighbor or roommate can “spy” on me by installing cameras and listening devices in my house or room so that he or she is able to watch and listen to what I do or say. The reason for this evolution is technology. Physical movement has been limited to such an extent that once someone places monitoring devices around you, he or she can be somewhere very far from where you are and still manage to watch you and listen to your conversations. With regards to technology and privacy in private, two main aspects have been altered. These are the ability to invade one’s protected space without having to physically go into that space, and the countermeasures required to combat that invasion. Decades ago (and even now) restraining orders and court injunctions were the major tools employed to ensure someone stays away from you, but with technology that person can still circumvent those rules and get to you. It is worth noting that for most people, privacy in private is the most valuable aspect of privacy. b) Privacy in Public: Surveillance Privacy in public is closely associated with the government, and rightly so. It generally entails the right to be in public places (parks, open areas and other places where large numbers of people can be found) without being followed by the use of government apparatus. In the last ten years, this aspect of privacy has been the subject of increased attention due to rising insecurity and terrorist activities. Governments everywhere have been vigilant in monitoring people in public due to events like 9/11 which seemed to ask questions of their ability to keep countries safe. Through the use of satellites, human agents and other technologies, governments are able to keep a close eye on what people are doing in public and therefore avert possible security breaches and as a result terrorist activities. An innocent civilian may therefore be marked and placed under surveillance without his or her knowledge, provided there is an element of suspicion with regards to his or her behavior and activities. For example, the Patriot Act of the United States gives the government the right to monitor civilians not just in public but in private as well. c) Privacy in Public: Data This aspect is also concerned with public privacy, but in this case private (rather than government) techniques and agents are involved. It is primarily focused on how and why private entities may monitor us in public and collect and store data pertaining to our activities. For example, banks and other businesses collect and maintain data through credit cards, debit cards and other materials that store information concerning us; they then use this information to plan how to grow and hence improve their businesses. Question 2 According to Lessig, three values that arise from invasion of privacy include: a) The Benefit of Innocence Anyone who is being monitored (for whatever reason) should be presumed innocent until proven guilty. For instance, it is not always automatic that someone who has been placed under surveillance because he or she is being suspected of involvement in terrorism activities is actually doing that; evidence may clear him or her of any crime. As a result of this, it is always recommended that everyone is treated innocently until the outcome of the act of invading their privacy indicates otherwise. b) The Desire to live in separate Communities, or among or within separate Normative Spaces People have different preferences depending on their character or the environment around them, and may therefore have a preference for secluded or exclusive communities. It is their right to do so, but invasion of privacy somehow violates this right. For instance, if I am gay I may wish to live in neighborhoods where I will be treated humanely despite my sexual orientation. Invasion of privacy may prevent that wish from becoming a reality if I find out that those places are not as welcoming as I would prefer. I may even end up just living in a regular neighborhood just to protect my privacy. c) Concern about Profiling This concern is based on how companies collect and then proceed to sort data relating to their customers or potential customers. Basically, profiling involves classifying whatever data that has been collected and using it to figure out how to improve business. The profiled data may reveal important information like the income, spending habits and location of customers and potential customers. For instance, online trading companies like Amazon and eBay can use the data they collect to categorize consumers into groups. These groups are then used to plot a way forward based on the success of marketing campaigns, advertisements and brand loyalty programs, for example. Assuming a company releases a new product, it may design and augment its advertisements based on the data they have gathered and profiled on their clients. Consequently, the way a customer is treated by a company may be solely based on his or her profile. Question 3 A property rule is a legal provision that allows differences in value to be respected and upheld by the law. For example, if I have a Toyota Prius hybrid that I would like to dispose of at a price of $25,000, I should be allowed to do so. Nobody (including the government) has the right to come and tell me that I should sell it for a lower or higher price. On the other hand, a liability rule acts in an almost opposite way. For instance, if I wanted sell the same Toyota Prius I would be compelled to sell it at whatever price the government deems fit and sets for the sale of that car. I have absolutely no control over how much my own car will be sold for. The main differences between the property rule and the liability rule is the element of control that the government can exercise. In the property rule, it is like a free and liberal (capitalist) market in which there are no price controls and anybody can sell anything at whatever price he or she feels like. In the liability rule, comparison may be made with a regulated market in which there are price caps and limits. Another difference between the two rules is free will. I mean, in the property rule you do as you please but in the liability rule you do as you are told. Lessig is of the opinion that the property rule is the best option when it comes to privacy, and he offers two valid explanations for this (Lessig 229). One is that in situations where negotiating comes with low transaction costs, and the right technology abounds (for example the P3P), the property rule works best and can even help push those costs further down. The second explanation is that when we view our privacy in terms of property then we will be more vigilant and aggressive in its protection. Nobody tolerates anything or anyone that messes with their property, right? Work Cited Lessig, Lawrence. Code: version 2.0. (2nd Ed) New York: Basic Books, 2006. Print. Read More