- From: Karl Dubost <karl@la-grange.net>
- Date: Mon, 21 Jan 2013 03:09:13 -0500
- To: "public-privacy@w3.org mailing list) <public-privacy@w3.org>" <public-privacy@w3.org>
FYI,
The Case for Online Obscurity
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1597745
April 29, 2010
* Woodrow Hartzog
* Frederic D. Stutzman
Abstract:
On the Internet, obscure information
has a minimal risk of being discovered or understood
by unintended recipients. Empirical research
demonstrates that Internet users rely on obscurity
perhaps more than anything else to protect their
privacy. Yet, online obscurity has been largely
ignored by courts and lawmakers. In this article, we
argue that obscurity is a critical component of online
privacy, but it has not been embraced by courts and
lawmakers because it has never been adequately defined
or conceptualized. This lack of definition has
resulted in the concept of online obscurity being too
insubstantial to serve as a helpful guide in privacy
disputes. In its place, courts and lawmakers have
generally found that the unfettered ability of any
hypothetical individual to find and access information
on the Internet renders that information public, or
ineligible for privacy protection. Drawing from
multiple disciplines, this article develops a focused,
clear, and workable definition of online obscurity:
Information is obscure online if it exists in a
context missing one or more key factors that are
essential to discovery or comprehension. We have
identified four of these factors: 1) search
visibility, 2) unprotected access, 3) identification,
and 4) clarity. This framework could be applied as an
analytical tool or as part of an obligation. Obscurity
could be relied upon as a continuum to help determine
if information is eligible for privacy protections.
Obscurity could be used as a protective remedy by
courts and lawmakers; instead of forcing websites to
remove sensitive information, a compromise could be
some form of mandated obscurity. Finally, obscurity
could serve as part of an agreement. Internet users
bound to a “duty to maintain obscurity” would be
allowed to further disclose information, so long as
they kept the information generally as obscure as they
received it.
--
Karl Dubost, a Web opener to hire
http://www.la-grange.net/karl/
Received on Monday, 21 January 2013 08:09:15 UTC