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Fascinating commentary. I particularly like your idea of the "interpretive community;" it provides more support for Helen Nissenbaum's idea of privacy as "contextual integrity."
One big difficulty here is whether many of the situations Dan mentions involve conflicting rights to privacy. For example, in AutoAdmit, the rights of certain students to be free of an "unwanted gaze" may require the service to give out the identities of the most aggressive posters to law enforcement. I think that's totally fine, but much closer cases will emerge. And when they do, I suspect they will be settled, not on the basis of privacy norms, but on the basis of more substantive notions of human flourishing--what counts as an activity worth protecting, and what does not.
Frank |
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10.25.07 - 4:29 pm | #
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