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Transcript of © |Sebastian Sethe @ Terasem Colloquium 07 Posthuman Privacy The University of Sheffield Department...
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
The University of Sheffield
Department of Law
S I B L ES I B L E Sheffield Institute of
Biotechnological Law and Ethics
Sebastian SetheSebastian Sethe
S10 1FL Sheffield, United Kingdom Tel: +44 (0) 114 222 6857 Fax: +44 (0) 114 222 6886 Email1: [email protected] Email2: [email protected]
Privacy in the posthuman agePrivacy in the posthuman age
Certain materials in this presentation are included under
the “Fair Use” exemptions of Copyright and Trademark Law
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
Future Future studies?studies?
??
Extrapolation Horizon scanning Pattern Deduction Projection Trend typology Scenarios Writing Morphology Convergence Capture Critical Technologies Cross-Impact Analysis Relevance Tree Panel of Experts Delphi Surveys Game Theory Goals Analysis Brainstorming /
Fiction Backcasting Patent Analysis Simulation / Modeling etc, pp..
??
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
??‘Uploaded’ Minds
‘Uplifted’ Animals
GM humans Cyborgs
ConceptuConceptualal
A.I.
Post-Post-humanity?humanity?!!
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
intelligenceintelligenceInformation Information == about a (potential) enemy
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
PowerPower
Storage
Analysis Control Reach Scope Trace every move anywhere in the
world Probe a mind for thoughts Solve any violent crime
……
CostCost
intelligenceintelligenceOur future ability to gather
EminenceEminence Miniaturisation Ubiquity Integration
Interdependence
Connectedness“..in the long run [..] useful technology is hard to stop. [..],the real battle will be the one fought in defense of technologies that protect privacy.”
David D. Friedman
11
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
victimvictim perpetrator perpetrator
about for
will beeasier
gathering intelligence/informational insight
a posthumana posthuman
11
22
33… of a privacy violation
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
evolutionary trait
ostracism
status symbol
spiritual matter
political right
social duty
interpersonal claim
penumbra
dispositional?
also◄ secrecy in commerce & innovation◄ relevance of military intelligence◄ technological capacity ◄ individual psychology
The social evolution of privacyThe social evolution of privacy33
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
R.Machado, A.Bergmann, BJ. Klein, S.Fonesca Klein, Conny, various trademarks
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
TechnologyTechnology
22 EmbodimentEmbodiment
33 SociologySociology
Posthuman privacy Posthuman privacy willwill be reconfigured by: be reconfigured by:
11
§§ Now, what about the law?
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
The usualThe usual
Literal vs. Spirit
Narrow vs. Expansive
§§ Now, what about the law?
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
“…one who installs in his house a telephone […] intends to project his voice to those quite outside, and that the wires beyond his house and messages while passing over them are not within the protection of the Fourth Amendment. Here those who intercepted the projected voices were not in the house of either party to the conversation.”
Chief Justice Taft
Olmstead v. United States (1928)
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
The usualThe usual
Literal vs. Spirit
Narrow vs. Expansive Techno-specific vs. Feel-good
§§
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
“…one who installs in his house a telephone […] intends to project his voice to those quite outside, and that the wires beyond his house and messages while passing over them are not within the protection of the Fourth Amendment. Here those who intercepted the projected voices were not in the house of either party to the conversation.”
Chief Justice Taft
The makers of our Constitution […] conferred, as against the Government, the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men. To protect that right, every unjustifiable intrusion by the Government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment.
Justice Brandeis, dissenting
Olmstead v. United States (1928)
right to be let alone
Louis Brandeis & Samuel Warren "The Right to Privacy" (1890-91) 4 Harvard Law Review pp.193-220
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
The usualThe usual
Literal vs. Spirit
Narrow vs. Expansive Techno-specific vs. Feel-good
§§ right to be let alone
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
[…] specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance. Various guarantees create zones of privacy.
Griswold v. Connecticut (1965)
[1st:] The right of association contained in the penumbra of the First Amendment is one, as we have seen.
[3rd:] The Third Amendment in its prohibition against the quartering of soldiers "in any house" in time of peace without the consent of the owner is another facet of that privacy. […]
[4th / 5th:] The Fourth and Fifth Amendments were described as protection against all governmental invasions "of the sanctity of a man's home and the privacies of life."
Liberty Clause of the Fourteenth Amendment
No State shall [...] deprive any person of life, liberty, or property, without due process of law.+
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
“Due Process Clause
of the 14th Amendment, , which protects against state action
the right to privacy, including a woman's qualified right to terminate her pregnancy.”
“penumbra”
The usualThe usual
Literal vs. Spirit
Narrow vs. Expansive Techno-specific vs. Feel-good
“right to be let alone”
§§
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
www.prochoice.org/ www.WorldNetDaily.com
Roe v. Wade (1973)
“Due Process Clause
of the 14th Amendment, , which protects against state action
the right to privacy, including a woman's qualified right to terminate her pregnancy.”
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
Do you believe in Do you believe in privacy?privacy?
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
Feel-Good jurisprudenceFeel-Good jurisprudence-- mostly harmless?-- mostly harmless?
autonomy
Life, Liberty
the pursuit of happiness?
as constraint OR
as empowerment
dignity
Privacy ?
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
Information Collection 1. Surveillance 2. Interrogation
Information Processing 1. Aggregation 2. Identification 3. Insecurity 4. Secondary Use 5. Exclusion
Information Dissemination 1. Breach of Confidentiality 2. Disclosure3. Exposure 4. Increased Accessibility 5. Blackmail 6. Appropriation 7. Distortion
Invasion 1. Intrusion 2. Decisional Interference
Daniel J. Solove; "A Taxonomy of Privacy" in: University of Pennsylvania Law Review, (2006) Vol.154, No. 3; pg. 477-560
Privacy revisited
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
privacy
information autonomy
Individualism
Psychological Health
Informational Property
Ward vs. Prejudice
Shame
Solitude
…
What do
want to
we really
protect?
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
stop others from observing you
leave without a trace
deceive others about your health
stop others from using information about you without your consent
fool others about your true identity
stop others from stalking you
avoid discrimination based on superstitions about genes
stop others from using information about you in a way that conflicts with your values
leave your old life behind & begin afresh
wear different masks
deprive the police of crime fighting tools
safeguard against dictatorship
What do
want to
we really
protect?
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
evolutionary trait
ostracism
status symbol
spiritual matter
political right
social duty
interpersonal claim
penumbra
dispositional?
The social evolution of privacyThe social evolution of privacy
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman Privacy
TechnologyTechnology
22 EmbodimentEmbodiment
33 SociologySociology
Posthuman privacy Posthuman privacy willwill be reconfigured by: be reconfigured by:
11
44 LawLaw
© |Sebastian Sethe
@ Terasem Colloquium 07 Posthuman PrivacyReferences cited:References cited: Deryck Beyleveld, Roger Brownsword; Human Dignity in Bioethics & Biolaw; (2002) OUP Louis Brandeis, Samuel Warren "The Right to Privacy" in: Harvard Law Review (1890) 4; pp193-220 David Brin; The Transparent Society: (1999) Perseus David D. Friedman; "The Case for Privacy", in: A.I. Cohen & C.H. Wellman (Eds.), Contemporary . Debates in Applied Ethics, (2005) Blackwell Leon Kass; Life, Liberty, and the Defence of Dignity (2004) AEI Press Daniel J. Solove; "A Taxonomy of Privacy" in: University of Pennsylvania Law Review, (2006) . Vol.154, No.3; pp.477-560
Thanks: Mark Taylor, David Townend, Jessica Wright
Further reading:Further reading: Dale Carrico; Pancryptics: Technological Transformations of the Subject of Privacy; forthcoming – draft at authors’ website Luciano Floridi "Four challenges for a theory of informational privacy" in: Ethics and Information Technology, (2006) 8; pp.109–119