Department
of Philosophy & iSchool
Adam
D. Moore Phil
100: Intro.
to Philosophy Info
300: Intro. to Informatics |
|
Philosophy Department |
Information School |
|
Forthcoming -- Completed -- Under Review
Privacy Rights: Moral and Legal Foundations. What I offer in this manuscript is a definition and justification of individual privacy rights, an account of how these rights should be codified in the law, and an application of the proposed theory to drug testing and public accountability. Forthcoming/under contract 2009...
“Privacy, Speech, and the Law.” Judicial animus toward protecting privacy especially when free speech issues are present is widespread. In fact across hundreds of cases speech nearly always trumps privacy. I argue that privacy concerns should not be so easily sacrificed in favor of “the public’s right to know.” The often-noted tension between privacy and speech in the legal realm is due an expansive view of expression built without foundations -- do we actually have a right to know anything falls within the broad domain of “public interest”? After considering numerous cases, a method for balancing free speech interests with individual privacy claims is advanced and defended.“Drug Testing, Impairment, and Privacy.” In this article several arguments in favor of employee drug testing are considered and dismissed. Much of the analysis centers on the “consent argument” in favor of drug testing and why this argument is unsatisfactory.
“Privacy, Accountability, and the Patriot Act.” In this article I consider a number of issues related to governmental and societal control of information. More specifically, I focus on the question of when rights to control certain kinds of information may be justifiably overridden in the name of public security. It is argued that if security must trump privacy in some cases we should insist (as has often not been the case) on "sunlight" provisions, robust judicial oversight, and accountability. I also argue that security arguments actually cut the other direction in some cases -- it is only through the implementation of strong privacy protections, sunlight provisions, and judicial oversight that we can obtain an appropriate level of security against government abuse of power, industrial espionage, unwarranted invasions into private domains, and information warfare or terrorism.
(last updated 9/23/2008)
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