© |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


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


??‘Uploaded’ Minds

‘Uplifted’ Animals

GM humans Cyborgs

ConceptuConceptualal

A.I.

Post-Post-humanity?humanity?!!

© |Sebastian Sethe


intelligenceintelligenceInformation Information == about a (potential) enemy

© |Sebastian Sethe


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


victimvictim perpetrator perpetrator

about for

will beeasier

gathering intelligence/informational insight

a posthumana posthuman

11

22

33… of a privacy violation

© |Sebastian Sethe


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


R.Machado, A.Bergmann, BJ. Klein, S.Fonesca Klein, Conny, various trademarks

© |Sebastian Sethe


TechnologyTechnology

22 EmbodimentEmbodiment

33 SociologySociology

Posthuman privacy Posthuman privacy willwill be reconfigured by: be reconfigured by:

11

§§ Now, what about the law?

© |Sebastian Sethe


The usualThe usual

Literal vs. Spirit

Narrow vs. Expansive

§§ Now, what about the law?

© |Sebastian Sethe


“…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


The usualThe usual

Literal vs. Spirit

Narrow vs. Expansive Techno-specific vs. Feel-good

§§

© |Sebastian Sethe


“…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


The usualThe usual

Literal vs. Spirit


§§ right to be let alone

© |Sebastian Sethe


[…] 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


“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


“right to be let alone”

§§

© |Sebastian Sethe


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


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


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


privacy

information autonomy

Individualism

Psychological Health

Informational Property

Ward vs. Prejudice

Shame

Solitude

…

What do

want to

we really

protect?

© |Sebastian Sethe


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


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


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

[email protected]??

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

© |Sebastian Sethe @ Terasem Colloquium 07 Posthuman Privacy The University of Sheffield Department...

Documents

Transcript of © |Sebastian Sethe @ Terasem Colloquium 07 Posthuman Privacy The University of Sheffield Department...