Mathias Klang (University of Lund, Sweden & University of Göteborg, Sweden)
Copyright: © 2009 |Pages: 16
DOI: 10.4018/978-1-60566-022-6.ch038
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It is well known that technology can be use as to effectively monitor the behavior of crows and individuals and in many cases this knowledge may b the motivation for people to behave differently than if they were not under surveillance. This internalization of surveillance has been widely discussed in privacy literature. Recent software developments have created new threats to the integrity of the individual. Today a form of software, commonly known as spyware, poses an increased threat of covert surveillance. Computer users subjected to spyware are often unaware of the surveillance and therefore continue to behave in a natural manner. This chapter argues that the integrity of the computer user is not protected under law and any rights the user may believe she has are easily circumvented.
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The discussion of privacy as a philosophical, social and legal value has been lively ever since the publication in 1890 of the influential paper, The Right to Privacy (Warren & Brandeis 1890). Arguably the clearest conclusion from this long debate is that the interpretation of privacy is context dependent. However despite the width of the arguments most can be categorised either as belonging to the reductionist approach or by viewing privacy a necessary individual right (Thompson 1975). The reductionist approach understands privacy as being described by its component parts while ignoring the relationships between them. This is the view that privacy is not unique and can be reduced to other interests. The second approach to privacy is to see it as a fundamental human need or right and therefore it needs not be derived from other rights. Thompson (1975) argues that privacy is not an individual right but can be motivated and defended by using other rights, which makes the right to privacy per se unnecessary:

Key Terms in this Chapter

Integrity: This refers to the use of an internal set of principles used for guiding actions.

EULA: This is a regulatory principle known as end user license agreement.

Spyware: This is a particular form of software that gathers, without the users knowledge, information about the user and transmits it back manufacturer.

Panopticon: This refers to an architectural plan developed by Bentham for an ideal prison with a ring shaped prison with a watchtower in the centre of the ring

Anti-Spyware Software: This refers to software that has the ability to choose which software is to remain on the users computers and which is not.

Privacy: The ability of an individual or group to not disclose information about themselves.

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