Piracy and privacy
Concepts of information privacy have been refined for decades. Individual rights have held the protection of privacy as perceived by intellectual property. With such an approach, there exists ostensible enhancement of human freedom, bureaucracy and self-determination, with an assurance of information efficiency allocation in the market (Connie 289-373). As explained in this paper, an approach of dealing with piracy based on individual rights is a coherent and convergent concept of creating governance of information. However, this convergence limits itself to certain contexts leaving out emerging policies on piracy, which may not focus on such individualism rights (Mayer-Schönberger 1853-1885). It simply raises the failure that these policies face in the intended protection of individual rights. However, in the presence of networked government information intermediaries, privacy protection of information works. In this paper, the focus of the study will look at the effects of piracy, as well as, the effects of policy’s, which would stop piracy, but take privacy and freedoms away.
In the conclusion of this paper, it comes out that the system of copyright and information privacy face multiple effects from government policies (Connie 289-373). Information governance and examination of the mechanisms of policies employed by government and regulatory intermediaries is much better. This is in comparison of results of information governance and existing right based approach for governing information (Mayer-Schönberger 1853-1885). It, therefore, comes out that this is cause for the many policies, governing information piracy while overlooking privacy.
Violation of personal information produces a significant impact of loss. This presents the struggle towards the protection of such information. The success of avoidance of these detrimental effects of piracy depends hugely on information governing policies. However, the emerging issue in the effort of curbing piracy is the fate of individuals’ privacy. It is becoming an emergent controversy in a global context. Those who have their information on the internet and other forms of media deserve the protection of their efforts. However, the vastness of the internet usage does not provide this kind of comfort (Boardman 223-254).
There is so much peer sharing of information, and regulating such vast usage is not easy. Peers share files without any consideration of ownership and without adequate measures to curb this, piracy remains as a serious problem. The obligation lies squarely on the domestic and international copyright policy makers, to ensure that piracy ends (Boardman 223-254). This is despite the many controversies existing around the issue of infringement of privacy through formulated piracy governing policies (Connie 289-373). The fight against piracy is an imperative one. The need for it is one that cannot be denied, but the underlying concerns of privacy infringement are undoubtedly worrying. This is what leads internet activists to be very succinct when presenting their concerns regarding the imposition of an online privacy acts. The online privacy Acts intend to restrict information passage through the internet. Advertising networks, search engines, online service providers and all online services and sites make the target for these laws. The effort is to curb the sale of copyrighted materials and any intellectual property through the internet. However, it is apparent that such a move will cause a great infringement on personal privacy.
The imposition of such measurers over the internet, presents a blockage to freedom of individuals. This is said without failure to mention that it would deter profitability of corporate like google, facebook and twitter. Their business interests would surely face serious problems, on passing of these kinds of policies. Activists are keen on the loss of freedom that the passage of such policies may bring into the lives of users (Srinivasan 36). The policies set to govern piracy over the internet are a means of declaring the incapability of internet users to guide the information collected about them. This is a form of infringement of freedom, which internet users have enjoyed over the years, since the invention of the internet and social media. People have the right of controlling the amount of information they can divulge through the internet. This means that it is in their jurisdiction to control personal information. Consequently, policies governing piracy may just overlook this rightful position of media users. There are chances that by reinforcing these policies, people will be inclined to divulge specific personal information before accessing online services.
The policies governing the media information intend to have regulations on the manner of obtaining personal information. It is indeed a positive venture regardless of the fact that people may never know when they are giving too much. Companies will be expected to get consent from people before using any information about them. Transparency measures of these laws recommend that data can be viewed across companies. It also gives the chance for cross sharing and transferring data across companies. Whenever people refer to privacy, what comes into mind is freedom. This freedom gives an individual right of protecting and regulating personal information (Srinivasan 36). Online freedom incorporates both the flow and control of information. Imposing these stringent policies in the bid of curbing piracy, therefore, presents a one sided effort. It only brings about the freedom of data leaving out people’s freedom. This is what leads activists to be very keen on the policies set against piracy. The policies seem to have so much influence on the freedom of people online. The fight about freedom and privacy is a seemingly hard one because of the challenges of interconnectivity and controversy between it and the fight against piracy. While the information accessibility is regulated,
The result of this study is that policies designed to curb piracy may just present loopholes for infringement of personal privacy. This comes out resultant to the fact that people feel very sensitive to the amount of information they divulge at any given time. it is an autonomous right for a person to decide the amount of information to share. Policies requiring express identification of individuals may not present the option of personal decisions. In turn, this would lead to people not using the much essential internet for their research and social affiliations. Freedom requires that no intrusion occurs into ones information (Jeong, Kexin & Moutaz 89). On the same accord, it is necessary for every use of an individual’s information to contain their justification. Policies against piracy are, therefore, wanting in the effort of ensuring privacy of internet users. They infringe the freedom of decision making and fails in the effort of protecting people. They further infringe individuals’ subjective privacy expectations.
The results in this research regarding the effects of piracy, as well as, the effects of policy’s, which would stop piracy, but take privacy and freedoms away has comparative results. It is true that piracy robs copyright owners and heavily costs on their efforts. At the same time, the issue of privacy is one that cannot be avoided since people value their freedom and would never wish that their rights and control of personal information shift poles. The matter is, therefore, one that requires further studying so that both affected parties enjoy their rights without infringing on others. The weight of the task remains on the efforts of policy makers, to come up with viable measurers for the good of all affected parties.
Through the research, it is clear that there exists an impending conflict between the elimination of piracy and maintenance of privacy. The society perceives privacy in a different light from what the judiciary formulated during decision making. For this reason, this research raises the issue of privacy in the perspective of the people’s freedom rights and how they would be infringed should anti piracy policies take effect. The research is, therefore, important for use by policy makers, as they formulate the laws, which would govern the internet content.
It is extremely vital to protect copyrighted materials; but, if it is an effort, which would just weigh heavily on private information of individuals, the emergent variables become an issue for keen consideration. Just the same way a person with copyrighted content, would not want his content distributed without his express consent, such concerns extend to the manner in which, private data is utilized. It, therefore, remains as the point of contention regarding the application of policies to protect copyrighted materials (Srinivasan 36).
This study has, however, faced the limitations of conflicting interests by those opposing the implementation of policies governing piracy. The theoretical and empirical research results available exist between activists and corporate. These two parties have a divide on interest, as they oppose the intended piracy laws. It, therefore, becomes hard discerning the actual extent by which they are interested, in the maintenance of freedom rights of individuals. The activists, are most especially, concerned with an express maintenance of freedom. However, the corporate turn out to be most importantly concerned, about the implications such laws may have on their businesses. It is obvious that they are more interested in their own protection from legal implications, which the new laws might present, than an express concern about individuals’ freedom. The new laws may require adjustment of infrastructure for the corporates and that means extra expenditure, being the concern of their opposition of the piracy policies. Also, their concern regarding the possibilities of development of new products and services, cloud their interest in opposing piracy policies as far as individual privacy is concerned.
There is, therefore, a need for more research on the effects of piracy, as well as, the effects of policies, which would stop piracy, but take privacy and freedoms away. This would highlight policymakers about the concerns of the society (Srinivasan 36). Empirical research would provide evidenced information for finding the best possible means of protecting copyrighted materials, while at the same time, ensuring that there is no infliction on freedom rights of individuals.
Works Cited
Boardman, Michael. “Digital Copyright Protection And Graduated Response: A Global Perspective.” Loyola Of Los Angeles International & Comparative Law Review 33.2 (2011): 223-254. Academic Search Complete. Web. 12 Apr. 2012.
Connie, Ireland, et al. “Quantifying Katz: Empirically Measuring “Reasonable Expectations Of Privacy” In The Fourth Amendment Context.” American Journal Of Criminal Law 38.3 (2011): 289-373. Academic Search Complete. Web. 12 Apr. 2012.
Jeong, Bong-Keun, Kexin Zhao, and Moutaz Khouja. “Consumer Piracy Risk: Conceptualization And Measurement In Music Sharing.” International Journal Of Electronic Commerce 16.3 (2012): 89. EDS Foundation Index. Web. 12 Apr. 2012.
Mayer-Schönberger, Viktor. “Beyond Privacy, Beyond Rights-Toward A “Systems” Theory Of Information Governance.” California Law Review 98.6 (2010): 1853-1885. Academic Search Complete. Web. 12 Apr. 2012.
Srinivasan, Savitha. “On Piracy And Privacy. (Cover Story).” Computer 36.7 (2003): 36. Academic Search Complete. Web. 12 Apr. 2012.
