Law in the Internet Society

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LaraNurickFirstEssay 5 - 01 Apr 2018 - Main.LaraNurick
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Ideal environment for misuse of power

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At a time when government, law enforcement and private businesses are preoccupied with ascertaining people's identities and predicting behaviors, information concerning who someone is, how they relate to other people and to whom they may be connected becomes incredibly valuable. It is therefore unsurprising that they find these data-collection businesses attractive. It follows that the companies collecting such data, like Google, Facebook and Amazon, are prone to redirecting the information they gather beyond their private hands. Indeed, as Moglen and Choudhary identify, "the mere collection of all that information about billions of people in a few hands ensures that it will be misused".
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At a time when government, law enforcement and private businesses are preoccupied with ascertaining people's identities and predicting behaviors, information concerning who someone is, how they relate to other people and to whom they may be connected becomes incredibly valuable. It is therefore unsurprising that they find these data-collection businesses attractive. It follows that the companies collecting such data, like Google, Facebook and Amazon, are prone to redirecting the information they gather beyond their private hands. This is evidenced by information request reports (eg. Facebook and Amazon). Indeed, as Moglen and Choudhary identify, "the mere collection of all that information about billions of people in a few hands ensures that it will be misused".
 This misuse is facilitated on the premise of ignorant consumer consent. As Boughman observes, consumers "agree to sacrifice some degree of privacy to enrich the user experience" for convenience. This is done on the basis that consumers' information will be used to "improve the quality of the product or service" (eg. Facebook and Amazon's privacy policies). However, as this term is never fully defined, the limits to which this information can be used are unclear. Due to this consent - albeit misguided - and the identity-driven nature of the information, the Fourth Amendment, which attaches to people's reasonable expectation of privacy in their persons, houses, papers and effects from unreasonable search, offers limited, if any, protection vis--vis searching of identities.

Revision 5r5 - 01 Apr 2018 - 13:46:05 - LaraNurick
Revision 4r4 - 31 Mar 2018 - 20:47:20 - LaraNurick
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