Balancing Individual Privacy Rights and Intelligence Needs: Procedural-Based vs. Distributive-Based Justice Perspectives on the PATRIOT Act

Balancing Individual Privacy Rights and Intelligence Needs: Procedural-Based vs. Distributive-Based Justice Perspectives on the PATRIOT Act

Kathleen S. Hartzel (Duquesne University, USA) and Patrick E. Deegan (Duquesne University, USA)
Copyright: © 2005 |Pages: 17
DOI: 10.4018/978-1-59140-491-0.ch011
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Abstract

This chapter explores how individuals using different justice perspectives to evaluate the appropriateness of the USA PATRIOT Act will logically arrive at different views on the fairness of the legislation. Some pundits believe the USA PATRIOT Act creates an increased risk for the privacy rights of US citizens. Excerpts from both Department of Justice and ACLU documents concerning the USA PATRIOT Act are presented. An analysis of these excerpts suggests that the Department of Justice applies a procedural justice perspective to demonstrate the fairness of the Act in terms of the way the law will be applied. The ACLU applies an outcome-based justice perspective that focuses on the potential for the Act to disproportionately penalize specific demographic groups. Different justice perspectives lead to different fairness judgments.

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Dedication
Table of Contents
Acknowledgments
Lee Freeman, A. Graham Peace
Chapter 1
Lee A. Freeman, A. Graham Peace
Richard Mason’s seminal paper describing the four ethical issues of the information age has guided the field of Information Ethics for almost 20... Sample PDF
Revisiting Mason: The Last 18 Years and Onward
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Chapter 2
Charles R. Crowell, Darcia Narvaez, Anna Gomberg
This chapter discusses the ways in which moral psychology can inform information ethics. A “Four Component Model” of moral behavior is described... Sample PDF
Moral Psychology and Information Ethics: Psychological Distance and the Components of Moral Behavior in a Digital World
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Chapter 3
Kieran Mathieson
Information technology may be able to help people become better ethical decision makers. This chapter explores philosophical and psychological... Sample PDF
Designing a Moral Dilemma Support System
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Chapter 4
Kai Kristian Kimppa
In the light of three major ethical theories, Lockean liberalism, consequentialism, and Kantian deontology, it seems that the intellectual property... Sample PDF
Intellectual Property Rights - or Rights to the Immaterial - in Digitally Distributable Media Gone All Wrong
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Chapter 5
Bruno de Vuyst, Alea M. Fairchild
Intellectual property rights (IP) are established through the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement (part of the... Sample PDF
Intellectual Property Rights, Resources Allocation and Ethical Usefulness
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Chapter 6
Asim El-Sheikh, Abdullah Abdali Rashed, A. Graham Peace
Software piracy costs the information technology industry billions of dollars in lost sales each year. This chapter presents an overview of the... Sample PDF
Software Piracy: Possible Causes and Cures
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Chapter 7
David W. Miller, Andrew Urbaczewski, Wm. David Salisburg
In the information age, various entities (e.g., citizens or business concerns) are now able to access and gather large amounts of publicly available... Sample PDF
Does 'Public Access' Imply 'Ubiquitous' or 'Immediate'? Issues Surrounding Public Documents Online
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Chapter 8
Christopher M. Cassidy, Bongsug Chae, James F. Courtney
Society has focused on privacy solutions to problems related to consumer information, yet the problem has not gone away. Why is this? One answer is... Sample PDF
Ethical Management of Consumer Information: Solving the Problem of Information Externality Using the Coasian Approach
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Chapter 9
Robert N. Barger, Charles R. Crowell
This chapter discusses the ethics of a proof-of-concept demonstration of “parasitic computing.” A “parasite” computer attempts to solve a complex... Sample PDF
Ethics of "Parasitic Computing": Fair Use or Abuse of TCP/IP Over the Internet
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Chapter 10
Michael Freeman
This chapter addresses how new surveillance technologies and programs aimed at fighting terrorism affect privacy. Some of the new programs and... Sample PDF
Counterterrorism and Privacy: The Changing Landscape of Surveillance and Civil Liberties
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Chapter 11
Kathleen S. Hartzel, Patrick E. Deegan
This chapter explores how individuals using different justice perspectives to evaluate the appropriateness of the USA PATRIOT Act will logically... Sample PDF
Balancing Individual Privacy Rights and Intelligence Needs: Procedural-Based vs. Distributive-Based Justice Perspectives on the PATRIOT Act
$37.50
Chapter 12
Jimmie L.. Joseph, David P. Cook
This chapter explores the ethical implications of a reduction in information asymmetry between health care providers and their patients. In many... Sample PDF
Information Imbalance in Medical Decision Making: Upsetting the Balance
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Chapter 13
Pooja Deshmukh, David Croasdell
This chapter explores privacy and security issues in health care. It describes the difference between privacy and security in the context of health... Sample PDF
HIPAA: Privacy and Security in Health Care Networks
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Chapter 14
Mary Brabston, Jennifer Dahl
In this chapter, we examine three frameworks or models that could be used in developing codes of information ethics and then review two codes of... Sample PDF
Limitations of Having Diversity in Codes of Information Ethics: A Professional and Corporate Perspective
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Glossary of Terms
About the Authors