Rights and Responsibilities of Participants in Networked Communities (1994) / Chapter Skim
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Pages 99-112
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From page 99... ...
in such a way that any modification to the file while in transit, on a bulletin board, and so forth can be detected with very high confidence. However, it is also true that digital signature technology is not widely used today.
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From page 100... ...
However, a wide range of sizes and types of providers is possible, and so it is unlikely that one type of analysis or policy will fit all. SCENARIO 1: OPERATOR LEARNS OF POSSIBLE DEATH THREAT John and Sally "meet" on a bulletin board provided by a commercial network operator and then begin corresponding through e-mail.
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From page 101... ...
Speaking from the perspective of the common carriers, Kenneth R Raymond, director of Technology Strategies Analysis for NYNEX Telesector Resources Group, noted that telephone users complaining of annoyance or threatening telephone calls are given a special telephone company telephone number and then referred to local law enforcement authorities.
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From page 102... ...
The operator's position differs from that of John, who is arguably the owner of the message, and the law is not clear as to the tJ [J JO operatorJs obligation, according to Marc Rotenberg of Computer Professionals for Social Responsibility. Using the telephone analogy, the operator is acting as a common carrier and thus, according to the Electronic Communications Privacy Act (ECPA)
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From page 103... ...
Once the provider's attention is drawn to a questionable activity, the provider is then in a position to take action (such as to contact the appropriate law enforcement authorities)
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From page 104... ...
would allow John to dispose of the message as he saw fit without liability; in particular, he could be regarded as consenting explicitly to the operator's disclosing of the message to the police, and both John and the operator would be held blameless for that act. Justice Department prosecutor Scott Charney said Section 2702 states that a service provider who inadvertently learns the contents of a communication that pertains to the commission of a crime may give it to the police; the statute thus may preempt any civil liability for violation r ot privacy.
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From page 105... ...
obligation to be created, what has to happen is that a prosecutor has to decide that this is a serious enough problem to get a subpoena, or perhaps convince a magistrate that a warrant is appropriate. And I think maybe that's a better way to handle this, to resolve the conflicting values and to handle the ambiguity, than it is just to say, 'Oh well, the system operator obviously has an ethical obligation to disregard the privacy interest and Bass this alone,' because that's not at A, all obvious to me."4 Forum participants offered several views of the relationship between ethics and the law.
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From page 106... ...
. go a long way by simply having a sense of procedures for deliberating thoughtfully on these questions." Johnson further argued that it would be appropriate for a defendant to assert in court that "even though he made a bad call, he was thoughtful about it." SCENARIO 2: PROVIDER SELLS USER PROFILES TO MERCHANDISERS A commercial network operator collects information about the interests and purchases of its users by keeping track of the forums and bulletin boards they use and the purchases they make; it then sells this information to other merchandisers.
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From page 107... ...
. The facts of those exchanges or those inquiries may be disclosed to others, and that takes concerns about privacy to a higher level." Tobin said he would support use of the cable privacy model for electronic networks but not necessarily a legal requirement for such notification.
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From page 108... ...
Americans actually have a pretty 6With "opt-out," certain personal information may be disclosed unless the user explicitly checks a box requesting that the information be kept private. With "opt-in," the information is kept private unless the user explicitly checks a box indicating that the information may be released.
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From page 109... ...
108 RIGHTS AND RESPONSIBILITIES IN NETWORKED COMMUNITIES good understanding of what happens in very broad terms. But the level of sensitivity to it is surprisingly lower than you would expect.
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From page 110... ...
9Congress decided in 1986 that, based on technological differences, the Electronic Communications Privacy Act would protect conversations on cellular telephones but not those on cordless telephones, according to Steven Metalitz. Court decisions have rejected the claim that government eavesdropping on users of cordless telephone violates the Fourth Amendment.
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From page 111... ...
The electronic environment presents both unique problems and singular solutions regarding sales pitches, which forum participants indicated is an increasing problem. On the negative side, Cerf noted that whereas unwanted junk mail may simply be thrown out, unwanted "junk e-mail" could clog an electronic mailbox, blocking messages of higher priority from entering.
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From page 112... ...
COMMON THEMES First, the dialogue revealed that many providers and attorneys agreed on several important points, includir~g the efficacy of the ECPAcodified primarily at United States Code Annotated, Title 18, Section 2702 and the prudence of allowing users to make their own decisions and choices regarding their personal privacy. Second, it was emphasized that models of ethical practice with regard to privacy can be drawn from networked communities.
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