GROUP TWO
Jump to navigation
Jump to search
Reputation Bankruptcy
Scope
- Identity-related content:
- Pictures, Videos
- all pieces of content that would reveal the identity of a person [i.e. we believe a general discussion of Star Wars Kid [1] is not necessarily bad; however pieces of content linking StarWars Kid's real name to the footage are potentially harmful for the person]
- Minors:
- Content uploaded by minors about themselves or other minors
- excludes: 25 year-old uploads pictures of when 16
- Reference point: provision to wipe juvenile criminal record
Involved Parties
- Content Creator (Person who creates content ie takes a picture)
- Content Sharer (Person who uploads content to Content Storage/Distribution Platform)
- Content Storage/Distribution Platforms (Personal Blog vs Facebook)
- Search Engines
The Recent Scholarship and Proposed Solutions
- Law-Based:
- Anupam Chander: Strengthened tort for public disclosure of private fact
- Paul Ohm: Law barring employers from firing based on legal off-duty conduct found in social networking profiles
- Dan Solove: Give legal right to sue Facebook friends where confidence has been breached
- Peter Taylor: Constitutional right to privacy/“oblivion” allowing more anonymity online
- Cass Sunstein: DMCA Notice-and-Takedown Model
- Code-Based
- Jonathan Zittrain: Rating systems that allow you to declare reputation bankruptcy in certain area
- Victor Mayer-Schonberger: Digital Forgetting/Expiration dates (in “Delete”)
- Market- and Norm- Based
- Private companies to defend reputation, e.g. Reputation Defender
- Educate the public, especially young people
- Tim Berners-Lee: establish market norm of employers barred from accessing Facebook data of prospective employees
Sources
- “The End of Forgetting” NY Times 7/25/10, Jeffrey Rosen (law professor at George Washington University) [2]
<work in progress>
- "Freedom of Speech and Information Privacy: The Troubling Implications of a Right to Stop People From Speaking About You", Eugene Volokh [3]
<work in progress>