Balancing privacy and free speech : : unwanted attention in the age of social media / / Mark Tunick.

• VerfasserIn: Tunick, Mark,
• Place / Publishing House: Abingdon, Oxon ;, New York : : Routledge,, 2015.
• Year of Publication: 2015
• Edition: 1 ed.
• Language: English
• Series: Routledge Research in Information Technology and E-Commerce Law
• Physical Description: 1 online resource (xiv, 222 pages)

In an age of smartphones, Facebook, and YouTube, privacy may seem to be a norm of the past. This book addresses ethical and legal questions thatarise when media technologies are used to give individuals unwanted attention. Drawing from a broad range of cases within the U.S., U.K., Australia,Europe,...

Table of Contents

• Table of cases
• Acknowledgments
• 1. Introduction
• Unwanted attention
• The democratization of the media
• Permissible and impermissible speech
• Goals: Building a framework for addressing conflicts between privacy and free speech ; Formulating principles of privacy ethics ; Grounding privacy ; Reevaluating case law ; Distinguishing ethical and legal judgments
• The book's layout
• 2. The value of privacy
• Defining privacy
• Why privacy is valuable: Reputation ; Avoiding unjust punishment, and the "right to be forgotten" ; Property ; A lack of privacy is objectively harmful ; Intimacy, relational harms, and the need to compartmentalize ; No harm no foul? ; Trust ; Dignity and respect for persons ; Privacy, toleration, and community
• Summary
• 3. Legitimate privacy interests
• Terminology: legitimate privacy interests and reasonable expectations of privacy
• The plain view principle, modified
• Which means of observation are legitimate?
• the careful and carefree societies
• Qualifying the plain view principle: One may reasonably expect privacy when one's dignity is implicated ; One can have a legitimate privacy interest that information not be spread to circles wider than one willingly exposed oneself to ; Controlling the intended audience of one's message ; Clarifying what counts as "readily accessible through legitimate means" ; Consent
• Conclusion: privacy in public places
• 4. The value of free speech
• Reasons free speech is valuable
• Should interests in free speech be put on a balancing scale?: The E.U. vs the U.S.
• The slippery slope objection to protecting only some speech
• The speech that merits legal protection
• Do legal protections of free speech apply only to professional journalists?
• Deciding what is newsworthy: Substitutability (Finger and Kim Phuc) ; Non-newsworthy details of a newsworthy event (Y.G and L.G.) ; Newsworthy for a select group, non-newsworthy for the general public (Parnigoni)
• Conclusion
• 5. Balancing privacy and free speech: Utilitarianism, its limits, and tolerating the sensitive
• Introduction
• The framework: Interests and rights ; Balancing privacy against free speech (as opposed to public safety) ; The utilitarian approach ; Limits of a utilitarian approach
• Feasibility problems
• The respect and dignity problem
• Toleration and respect for persons
• Weighing reasons and considerations without making a utilitarian calculation
• 6. Cases
• Publicizing private facts: Private facts in private places (Rear Window, Lake v. Wal-Mart) ; Private facts that are newsworthy (Alvarado, Kaysen) ; Private facts in public places (Upskirt videos, Dennison, Turnbull)
• Cases at the border (Riley, Vazquez, and Wood)
• Publicizing public facts: Public facts that are not newsworthy (the baseball fan) ; Publicizing newsworthy public facts (Public meetings and lectures, police conduct, arrests)
• 7. Remedies
• Google Glass with face recognition
• Remedies: New social norms ; Legal remedies and their limits
• Other alternatives
• Technology and architecture
• Market solutions and their limits
• Conclusion.