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Duane,
I have not seen an ontology of privacy. There have been some
discussions about this issue that might be informative.
First, privacy is not mentioned in the Constitution as a right. It
has been argued that it is a derived right from other rights
mentioned including "...life, liberty and the pursuit of
happiness." and "...freedom from search and seizure", (Fourth
amendment) but even then, there are limits to this freedom for
searches using warrants.
Yes, we do allegedly give up rights with Terms of
Agreement. However, there is a professor at Harvard who argues
that TOA's are not valid contracts in that they are not arrived at
as an agreement between equal parties. I don't think this has been
tested in court.
If I had to write an ontology for privacy I would attempt to do it
as a reflection of a contractual agreement, in that privacy is
something owed to me, either as a citizen or as derived from the
Constitution. I don't think it can appear "vero eos et auras"
(out of thin air) from living in a democracy. That
is, I don't see it as a right imbued by having residence within
the borders of the U.S.
While we are at it, I have been working on "roles" and have been
considering the term "imbued". It came up during a movie I was
watching. The bad guy was wondering "Is this Kaley's room? It
seems odd that that the room has 'Kaley' assigned to it." It
sounded like he was wondering if a room, a non-agent, can have a
role assigned to it. I decided that whatever it was, to be
"imbued" is to have others recognize that the room is assigned to
a certain person, in this case "Kaley". It clearly comes off as
one of Austen's Speech Acts such as christening a ship. It is an
assignment that is recognized by a group of people and is logged
in a registry of ship names, just as the members of the (Firefly)
ship recognizes the room as Kaley's.
Likewise, I think privacy is something that is culturally
recognized by groups of people. Even as children, before we have
any notion of contracts or law, we recognize that we need privacy.
And the courts should recognize this innate need. They already
award anonymity to investors who establish corporations, so
shouldn't individuals be able to claim this same privilege?
-John Bottoms
FirstStar System
Concord, MA USA
On 1/15/2014 3:13 PM, Kingsley Idehen wrote:
On 1/15/14 2:51 PM, Duane Nickull
wrote:
It is an invasion of privacy if you do not consent to have
your data used as such. In most cases, people willingly
signed over those rights. Check the ToS on Facebook for
example.
Secondly, opting in is not the issue, opting out is.
There is also the concept of context and traverse ability.
I may have your weight recorded but in a manner where it is
not directly attributable to you without further correlation.
Cookies are a good example of this.
Duane Nickull
***********************************
Technoracle Advanced Systems Inc.
Consulting and Contracting; Proven Results!
i. Neo4J, PDF, Java, LiveCycle ES, Flex, AIR, CQ5 &
Mobile
t. @duanenickull
+1
Privacy is self-calibration of one's vulnerability on or offline.
"You" not "Them" decide to lock your front-door at night, for
instance.
Any situation in which "You" aren't the calibrator of "Your"
vulnerability is an invasion of privacy.
--
Regards,
Kingsley Idehen
Founder & CEO
OpenLink Software
Company Web: http://www.openlinksw.com
Personal Weblog: http://www.openlinksw.com/blog/~kidehen
Twitter Profile: https://twitter.com/kidehen
Google+ Profile: https://plus.google.com/+KingsleyIdehen/about
LinkedIn Profile: http://www.linkedin.com/in/kidehen
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