Category Archives: Privacy

Floridi’s Fourth Revolution

With The Fourth Revolution (The Fourth Revolution. How the Infosphere is Reshaping Human Reality. Oxford University Press, Oxford 2014) Oxford philosopher of information Luciano Floridi https://de.wikipedia.org/wiki/Luciano_Floridi enters into the mainstream debate on net culture and new media. Indeed, as the title suggests, digital media are “revolutionary” and not merely an extension of broadcast media. Floridi likens the revolutionary significance of digital media to that of Copernicus’ dislocation of humankind from the center of the universe. This was the first revolution. Similarly, the second revolution, which Darwin initiated, dislocated humans from their privileged place in the animal kingdom. The third revolution was Freud’s psychoanalysis, which dislocated human consciousness from its sovereignty within the realm of mind. The fourth revolution, the age of information and communication technologies (ICT) has finally dislocated human intelligence from its claim to be the only “intelligent” form of being. What is left? Floridi’s answer is that humans have become “inforgs” (not cyborgs which Floridi considers science fiction). Inforgs are beings who are their information. Inforgs, however, are more than a bundle of bits and bytes. They also process information. This quality they admittedly share with their algorithmic neighbors in the “infosphere” (the digital domain of reality). In distinction to ICT’s, however, inforgs are semantic information processors (“semantic engines”), whereas the algorithms are only syntactic information processors (“syntactic engines”). Inforgs make meaning, whereas algorithms make calculations. This has implications for many important issues in current discussions of the digital revolution. One example is the issue of privacy.

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Personal Informatics and Design

Design discourse is admittedly mostly technical in the sense of focusing on product development, marketing, and business planning. Nonetheless there is a deeper and, for the social scientist, more interesting background for questions relating to design. At stake is fundamentally a techné of the self in the sense of Foucault’s ethics and Heidegger’s interpretation of technology as poiesis. In a well-known book entitled Sciences of the Artificial, Herbert Simon developed a concept of design that can be traced from Greek techné and applied to Foucault’s technology of self as ethics. For Simon (1996)

“Engineers are not the only professional designers. Everyone designs who devises courses of action aimed at changing existing situations into preferred ones. The intellectual activity that produces material artifacts is no different fundamentally from the one that prescribes remedies for a sick patient or the one that devises a new sales plan for a company or a social welfare policy for a state. Design, so construed, is the core of all professional training…. Schools of engineering, as well as schools of architecture, business, education, law, and medicine, are all centrally concerned with the process of design.” (111)

Bruno Latour would agree to this and add that the concept of design today “has been extended from the details of daily objects to cities, landscapes, nations, cultures, bodies, genes, and … to nature itself… (Latour 2008: 2). Furthermore, this extension of the idea of design to all aspects of reality means that the concept of “design” has become “a clear substitute for revolution and modernization” (5); those two ideals that have led Modernity into an inescapable responsibility for planetary ecology. Finally, for Latour “the decisive advantage of the concept of design is that it necessarily involves an ethical dimension which is tied into the obvious question of good versus bad design” (5). The ethical dimension that Latour finds at the heart of design joins Foucault’s idea of an ethical technology of self for “humans have to be artificially made and remade” (10). Understanding self-knowledge as an ethical and technical (in the sense of techné) task of design should not lead us into post-humanist speculations and the discussion of cyborgs. Instead, that which makes design both ethically good and aesthetically beautiful is its ability to take as many different aspects of what something is and can become into account, to respect all the different claims that can be made on someone or something, to insure that nothing important is overlooked, and to allow for surprises and the unexpected. To design something well, including oneself, in the functional, ethical, and aesthetic dimensions, is to take account of as much information as one can in the process of constructing. Latour proposes that networking, that is, the techné of constructing actor-networks, should be understood as design. This means that design is a “means for drawing things together – gods, non-humans, and mortals included” (13).

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Is Informational Privacy a Matter of Contextual Integrity?

It is no secret that theories of informational privacy based on defining privacy as restricting access to information or maintaining control over information are losing credibility. This is because they think of information as a kind of thing that can be locked up in a safe place, whose ownership can be clearly ascertained, and whose control is possible. These are assumptions typical of an industrial society based on personal property rights and markets of exchange. The digital revolution has made many of these assumptions obsolete. Information is not a thing, there is no “place” where information can be locked up, and ownership as well as control is vague and contestable. Among those thinkers searching for new interpretations of privacy Helen Nissenbaum (Privacy in Context – Technology, Policy, and the Integrity of Social Life, Stanford University Press, 2010) has elaborated a theory basing privacy on what she calls “contextual integrity.” “What people care most about is not simply restricting the flow of information but ensuring that it flows appropriately…” (2). Consequently, when we talk about a right to privacy, we are talking about a right to “appropriate flow” of information and not as is often assumed about a right to secrecy or to absolute control of personal data.

Legal practice has in fact relied more on what people expect than on abstract definitions of privacy. Being left alone, as Warren and Brandeis described privacy, is a matter of reasonable expectations within a certain social situation. Such a situation Nissenbaum calls a “context.” Society is made up of many different contexts, such as education, health care, politics, business, family, etc. In every context there are norms and rules that govern the flow of information. When functioning properly, these “informational norms” “define and sustain essential activities and key relationships and interests, protect people and groups against harm, and balance the distribution of power” (3). When people feel that their privacy has been violated, it is always with reference not to abstract concepts of access and control, but to the informational norms governing the particular context in which they are acting. What privacy means varies from context to context.

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The Ontological Interpretation of Privacy

Luciano Floridi is one of the few philosophers of the digital age who radically reinterprets issues such as informational privacy on basis of an informational ontology (see The Ontological Interpretation of Informational Privacy, in: Ethics and Informational Technology, 2006). Being is information. The world consists of information and not things or people. People do not possess their personal information, they are their personal information. Privacy therefore should not be understood as an issue of possession and control of data, but as a matter of personal integrity. Stealing and misusing personal data should not be compared to stealing and misusing someone’s possessions, for example, their automobile, but instead to kidnapping. My data is not the same as my auto, but rather much more like my body.

If information is a state of being and not a state of having, then what constitutes privacy? Floridi defines privacy in terms of the “ontological friction” regulating the flow of information in the “infoshpere.” The more friction blocking, disturbing, slowing down, and attenuating the flow of information, and the more effort it takes to bridge the gaps between information, the more privacy can be ascribed to information. Correspondingly, the less the flow of information is regulated, slowed down, hindered, the less this information can be considered private. Private and public are not different spaces, for example, the privacy of my home as opposed to public spaces like the shopping center or the train station. Digital media do not knock at the door and ask permission before entering. They are ubiquitous. Privacy is neither a space, nor a thing, but a state of being.

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Privacy

Nobody likes to be told what to do. And nobody wants to be intruded upon. These feelings make privacy something to be valued and something that should be protected by law. We are all convinced that in some way autonomy, self-determination, and personal integrity are linked to and depend upon privacy. This is why Warren and Brandeis in their influential Harvard Law Review article of 1890 argued that there should be a “right to privacy” which in their view amounted to “the right to be left alone.” The Universal Declaration of Human Rights (G.A. res. 217A III) extended this right to all human beings: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, not to attacks upon his honor and reputation.”

Both Warren and Brandeis and the UN knew that privacy was a tricky matter, a grey area, something that could not be easily defined. When it comes to taxation, military service, investigation of criminal acts, education, health care, financial credibility, and many many other social situations, whether we like it or not, we will be told what to do and we will be intruded upon; and no one can claim this amounts to a violation of their privacy. And if they do, then what counts before the law is whether or not an “expectation” of privacy can be considered “reasonable” and “legitimate.” Expectations of this sort vary from time to time, from culture to culture, and depend on many different factors. Above all, under today’s regime of Global, Mobile, Cloud, Apps, and Big Data most traditional expectations about privacy are obsolete and no longer based on the realities of the digital age.

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