Subverting the Panopticon: Privacy in the Public Realm
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Personality Rights in Australia1
SWIMMERS, SURFERS, AND SUE SMITH PERSONALITY RIGHTS IN AUSTRALIA1 Therese Catanzariti2 It is somewhat of a misnomer to talk about personality rights in Australia. First, personality rights are not “rights” in the sense of positive rights, a right to do something, or in the sense of proprietary rights, property that can be assigned or mortgaged. Second, personality rights are largely a US law concept, derived from US state law relating to the “right of publicity”. However, it is common commercial practice that Australian performers, actors and sportstars enter endorsement or sponsorship agreements.3 In addition, the Australian Media and Entertainment Arts Alliance, the Australian actors union, insists that the film and television industrial agreements and awards don’t cover merchandising and insist film and television producers enter individual agreements if they want to use an actor’s image in merchandising.4 This paper considers Australian law5 relating to defamation, passing off, and section 52 of the Trade Practices Act,6 draws parallels with US law relating to the right of publicity, and considers whether there is a developing Australian jurisprudence of “personality rights”. Protecting Personality Acknowledging and protecting personality rights protects privacy. But protecting privacy is not the focus and is an unintended incidental. Protecting personality rights protects investment, and has more in common with unfair competition than privacy. Acknowledging and protecting personality rights protects investment in creating and maintaining a carefully manicured public image, an investment of time labour, skill and cash. This includes spin doctors and personal trainers and make-up artists and plastic surgeons and making sure some stories never get into the press. -
E Dawn of Robot Surveillance AI, Video Analytics, and Privacy
e Dawn of Robot Surveillance AI, Video Analytics, and Privacy June 2019 e Dawn of Robot Surveillance AI, Video Analytics, and Privacy By Jay Stanley © 2019 AMERICAN CIVIL LIBERTIES UNION Cover: Sources images, shutterstock.com “The robots are here. The robots control your warnings. They analyze and notify, following instructions you have set.” — Promotional web site for “Video Surveillance as a Service”1 “The overwhelming majority of images are now made by machines for other machines” 2 — Trevor Paglen 1 http://www.vsaas.com/. 2 https://thenewinquiry.com/invisible-images-your-pictures-are-looking-at-you/. 1 Table of Contents I. INTRODUCTION ...................................................................................................... 3 II. WHAT IS AI VIDEO ANALYTICS .......................................................................... 5 The rise of deep learning ........................................................................................... 6 Overcoming challenges with new sources of data .................................................. 8 III. CURRENT DEPLOYMENTS ................................................................................ 9 Government deployments ......................................................................................... 9 Commercial deployments ........................................................................................ 10 Analytics in the cloud .............................................................................................. 11 IV. HOW COMPUTERS WILL -
Urals Factory Hospitals and Surgeons at the Dawn of the Nineteenth Century
Medical History, 1978, 22: 119-137. URALS FACTORY HOSPITALS AND SURGEONS AT THE DAWN OF THE NINETEENTH CENTURY by BASIL HAIGH* INTRODUCTION: THE INDUSTRY AND ITS PROBLEMS AT THE BEGINNING of the nineteenth century 128 mines and metallurgical factories were in operation in the Ural Mountains. Many had been destroyed in Pugachev's rebellion (1773) but they had been quickly rebuilt. As a result of periodic changes in government policy in the previous century, when private enterprise was alternately encouraged and discouraged, twenty-four of the factories' belonged to the Crown and the rest (the ownership of one is not clear) were privately owned. The 128 factories were spread over a territory about equal in area to the entire United Kingdom. They depended for their communications on rivers which were frozen for half the year and on post roads which were frequently impassable. The metallurgical industry was semi-military in character and was administered on military lines. Recruiting the labour force in the sparsely populated and remote region of the Urals was always a difficult problem and various solutions were tried. The Ukase of 18 January 17212 empowered the nobility and merchants to purchase villages to obtain serf labour for factory work, with safeguards to ensure that peasants thus obtained were in fact used for that purpose. Otherwise convicts were employed, supplemented by a steady influx of children and by a leavening of skilled workers and "masters", who were often foreigners or foreign-trained. This system, inefficient and wasteful of manpower, made it necessary to have an enormous population of perma- nent and seasonal workers, with their families, at the factories and, consequently, it increased the need for some form of health service.3 The factory population was further increased by the military garrison needed both to maintain internal order and to protect the factory and its inhabitants against external attack by hostile neighbours. -
Privacy and Publicity: the Two Facets of Personality Rights
Privacy and publicity Privacy and publicity: the two facets of personality rights hyperbole. In this context, personality In this age of endorsements and rights encompass the “right of privacy”, tabloid gossip, famous people which prohibits undue interference in need to protect their rights and a person’s private life. In addition to coverage in the media, reputations. With a growing number images of celebrities adorn anything from of reported personality rights cases, t-shirts, watches and bags to coffee mugs. India must move to develop its This is because once a person becomes legal framework governing the famous, the goods and services that he or commercial exploitation of celebrity she chooses to endorse are perceived to reflect his or her own personal values. By Bisman Kaur and Gunjan Chauhan, A loyal fan base is a captive market for Remfry & Sagar such goods, thereby allowing celebrities to cash in on their efforts in building up Introduction a popular persona. Intellectual property in India is no longer Unfortunately, a large fan base is a niche field of law. Stories detailing also seen by unscrupulous people as an trademark infringement and discussing opportunity to bring out products or the grant of geographical indications services that imply endorsement by an routinely make their way into the daily individual, when in fact there is no such news headlines. From conventional association. In such cases the individual’s categories of protection such as patents, “right of publicity” is called into play. trademarks, designs and copyright, IP laws The right of publicity extends to every have been developed, often by judicial individual, not just those who are famous, innovation, to encompass new roles and but as a practical matter its application areas of protection. -
The New Frontiers of Personality Rights and the Problem of Commodification: European and Comparative Perspectives
The New Frontiers of Personality Rights and the Problem of Commodification: European and Comparative Perspectives Giorgio Resta* I. TORT LAW AND THE TRADITIONAL APPROACH TO PERSONALITY RIGHTS ........................................................................ 33 II. NEW DIMENSIONS OF PERSONALITY PROTECTION IN PRIVATE LAW .................................................................................................... 37 A. From ‘Reactive’ to ‘Preventive’ Strategies ........................ 38 B. The Emergence of the Human Body as a Legal Object ................................................................................. 40 C. The Commercialization of Personality ............................... 41 III. WHO OWNS IDENTITY? ...................................................................... 43 IV. THE QUESTIONS AT STAKE ................................................................. 46 V. THE PROTECTION OF PERSONAL AUTONOMY: A MATTER OF PRIVACY OR PROPERTY? .................................................................... 48 A. Incorporeal Attributes and the Dominance of Property Rules .................................................................... 48 B. Body Parts and Liability Rules ........................................... 51 VI. LICENSING IDENTITY? ........................................................................ 54 A. The Human Body and the Gift Paradigm ........................... 54 B. Commercial Exploitation of Personality and the Limits of Freedom of Contract .......................................... -
Image Is Everything Lowenstein Sandler’S Matthew Savare Gives a Comparative Examination of Publicity Rights in the US and Western Europe
Publicity rights Image is everything Lowenstein Sandler’s Matthew Savare gives a comparative examination of publicity rights in the US and western Europe Comedian Steven Wright once joked, “It’s a small world, but I the person’s identity has “commercial value” versus only 10 years for wouldn’t want to paint it”. Over the last decade, the proliferation those whose identity does not. of digital technologies has not made the world smaller or easier to • Remedies – the remedies available to plaintiffs also vary from state paint, but it has significantly hastened the globalisation of content. This to state. For example, New York’s statute provides for injunctions, transformation, coupled with the developed world’s insatiable fascination compensatory damages, and discretionary punitive damages. Ohio’s with fame, has spurred the hyper commoditisation of celebrity. statute, which offers the most remedies of any state statute, permits Despite the universality of celebrity, the laws governing the injunctions; a choice of either actual damages, “including any commercial exploitation of one’s name, image, and likeness differ profits derived from and attributable to the unauthorised use of an widely between the US and the nations of western Europe. In light individual’s persona for a commercial purpose” or statutory damages of the increased trafficking in celebrity personas between the two between $2,500 and $10,000; punitive damages; treble damages continents, a brief comparative analysis is warranted. if the defendant has “knowledge of the unauthorised use of the persona”; and attorney’s fees. A primer on US right of publicity law Courts have used primarily three methodologies or some The right of publicity is the “inherent right of every human being to combination thereof to value compensatory damages. -
Privacy Online: a Report to Congress
PRIVACY ONLINE: A REPORT TO CONGRESS FEDERAL TRADE COMMISSION JUNE 1998 FEDERAL TRADE COMMISSION Robert Pitofsky Chairman Mary L. Azcuenaga Commissioner Sheila F. Anthony Commissioner Mozelle W. Thompson Commissioner Orson Swindle Commissioner BUREAU OF CONSUMER PROTECTION Authors Martha K. Landesberg Division of Credit Practices Toby Milgrom Levin Division of Advertising Practices Caroline G. Curtin Division of Advertising Practices Ori Lev Division of Credit Practices Survey Advisors Manoj Hastak Division of Advertising Practices Louis Silversin Bureau of Economics Don M. Blumenthal Litigation and Customer Support Center Information and Technology Management Office George A. Pascoe Litigation and Customer Support Center Information and Technology Management Office TABLE OF CONTENTS Executive Summary .......................................................... i I. Introduction ........................................................... 1 II. History and Overview .................................................... 2 A. The Federal Trade Commission’s Approach to Online Privacy ................. 2 B. Consumer Privacy Online ............................................. 2 1. Growth of the Online Market ...................................... 2 2. Privacy Concerns ............................................... 3 C. Children’s Privacy Online ............................................. 4 1. Growth in the Number of Children Online ............................ 4 2. Safety and Privacy Concerns ...................................... 4 III. Fair -
The Right to Privacy and the Future of Mass Surveillance’
‘The Right to Privacy and the Future of Mass Surveillance’ ABSTRACT This article considers the feasibility of the adoption by the Council of Europe Member States of a multilateral binding treaty, called the Intelligence Codex (the Codex), aimed at regulating the working methods of state intelligence agencies. The Codex is the result of deep concerns about mass surveillance practices conducted by the United States’ National Security Agency (NSA) and the United Kingdom Government Communications Headquarters (GCHQ). The article explores the reasons for such a treaty. To that end, it identifies the discriminatory nature of the United States’ and the United Kingdom’s domestic legislation, pursuant to which foreign cyber surveillance programmes are operated, which reinforces the need to broaden the scope of extraterritorial application of the human rights treaties. Furthermore, it demonstrates that the US and UK foreign mass surveillance se practices interferes with the right to privacy of communications and cannot be justified under Article 17 ICCPR and Article 8 ECHR. As mass surveillance seems set to continue unabated, the article supports the calls from the Council of Europe to ban cyber espionage and mass untargeted cyber surveillance. The response to the proposal of a legally binding Intelligence Codexhard law solution to mass surveillance problem from the 47 Council of Europe governments has been so far muted, however a soft law option may be a viable way forward. Key Words: privacy, cyber surveillance, non-discrimination, Intelligence Codex, soft law. Introduction Peacetime espionage is by no means a new phenomenon in international relations.1 It has always been a prevalent method of gathering intelligence from afar, including through electronic means.2 However, foreign cyber surveillance on the scale revealed by Edward Snowden performed by the United States National Security Agency (NSA), the United Kingdom Government Communications Headquarters (GCHQ) and their Five Eyes partners3 1 Geoffrey B. -
Part 4: Conclusions and Recommendations & Appendices
Twentieth Century Naval Dockyards Devonport and Portsmouth: Characterisation Report PART FOUR CONCLUSIONS AND RECOMMENDATIONS The final focus of this report is to develop the local, national and international contexts of the two dockyards to highlight specific areas of future research. Future discussion of Devonport and Portsmouth as distinct designed landscapes would coherently organise the many strands identified in this report. The Museum of London Archaeology Portsmouth Harbour Hinterland Project carried out for Heritage England (2015) is a promising step in this direction. It is emphasised that this study is just a start. By delivering the aim and objectives, it has indicated areas of further fruitful research. Project aim: to characterise the development of the active naval dockyards at Devonport and Portsmouth, and the facilities within the dockyard boundaries at their maximum extent during the twentieth century, through library, archival and field surveys, presented and analysed in a published report, with a database of documentary and building reports. This has been delivered through Parts 1-4 and Appendices 2-4. Project objectives 1 To provide an overview of the twentieth century development of English naval dockyards, related to historical precedent, national foreign policy and naval strategy. 2 To address the main chronological development phases to accommodate new types of vessels and technologies of the naval dockyards at Devonport and Portsmouth. 3 To identify the major twentieth century naval technological revolutions which affected British naval dockyards. 4 To relate the main chronological phases to topographic development of the yards and changing technological and strategic needs, and identify other significant factors. 5 To distinguish which buildings are typical of the twentieth century naval dockyards and/or of unique interest. -
Principles of Internet Privacy
Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 2000 Principles of Internet Privacy Fred H. Cate Indiana University Maurer School of Law, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Computer Law Commons, and the Law and Society Commons Recommended Citation Cate, Fred H., "Principles of Internet Privacy" (2000). Articles by Maurer Faculty. 243. https://www.repository.law.indiana.edu/facpub/243 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Principles of Internet Privacy FRED H. CATE* I. INTRODUCTION Paul Schwartz's InternetPrivacy and the State makes an important and original contribution to the privacy debate that is currently raging by be- ginning the process of framing a new and more useful understanding of what "privacy" is and why and how it should be protected.' The definition developed by Brandeis, Warren,2 and Prosser,3 and effectively codified by Alan Westin in 1967---"the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others"---worked well in a world in which most privacy concerns involved physical intrusions (usually by the government) or public disclosures (usually by the media), which, by their very nature, were comparatively rare and usually discovered. -
Naval Dockyards Society
20TH CENTURY NAVAL DOCKYARDS: DEVONPORT AND PORTSMOUTH CHARACTERISATION REPORT Naval Dockyards Society Devonport Dockyard Portsmouth Dockyard Title page picture acknowledgements Top left: Devonport HM Dockyard 1951 (TNA, WORK 69/19), courtesy The National Archives. Top right: J270/09/64. Photograph of Outmuster at Portsmouth Unicorn Gate (23 Oct 1964). Reproduced by permission of Historic England. Bottom left: Devonport NAAFI (TNA, CM 20/80 September 1979), courtesy The National Archives. Bottom right: Portsmouth Round Tower (1843–48, 1868, 3/262) from the north, with the adjoining rich red brick Offices (1979, 3/261). A. Coats 2013. Reproduced with the permission of the MoD. Commissioned by The Historic Buildings and Monuments Commission for England of 1 Waterhouse Square, 138-142 Holborn, London, EC1N 2ST, ‘English Heritage’, known after 1 April 2015 as Historic England. Part of the NATIONAL HERITAGE PROTECTION COMMISSIONS PROGRAMME PROJECT NAME: 20th Century Naval Dockyards Devonport and Portsmouth (4A3.203) Project Number 6265 dated 7 December 2012 Fund Name: ARCH Contractor: 9865 Naval Dockyards Society, 44 Lindley Avenue, Southsea, PO4 9NU Jonathan Coad Project adviser Dr Ann Coats Editor, project manager and Portsmouth researcher Dr David Davies Editor and reviewer, project executive and Portsmouth researcher Dr David Evans Devonport researcher David Jenkins Project finance officer Professor Ray Riley Portsmouth researcher Sponsored by the National Museum of the Royal Navy Published by The Naval Dockyards Society 44 Lindley Avenue, Portsmouth, Hampshire, PO4 9NU, England navaldockyards.org First published 2015 Copyright © The Naval Dockyards Society 2015 The Contractor grants to English Heritage a non-exclusive, transferable, sub-licensable, perpetual, irrevocable and royalty-free licence to use, copy, reproduce, adapt, modify, enhance, create derivative works and/or commercially exploit the Materials for any purpose required by Historic England. -
The Right to Privacy in the Digital Age
The Right to Privacy in the Digital Age April 9, 2018 Dr. Keith Goldstein, Dr. Ohad Shem Tov, and Mr. Dan Prazeres Presented on behalf of Pirate Parties International Headquarters, a UN ECOSOC Consultative Member, for the Report of the High Commissioner for Human Rights Our Dystopian Present Living in modern society, we are profiled. We accept the necessity to hand over intimate details about ourselves to proper authorities and presume they will keep this information secure- only to be used under the most egregious cases with legal justifications. Parents provide governments with information about their children to obtain necessary services, such as health care. We reciprocate the forfeiture of our intimate details by accepting the fine print on every form we sign- or button we press. In doing so, we enable second-hand trading of our personal information, exponentially increasing the likelihood that our data will be utilized for illegitimate purposes. Often without our awareness or consent, detection devices track our movements, our preferences, and any information they are capable of mining from our digital existence. This data is used to manipulate us, rob from us, and engage in prejudice against us- at times legally. We are stalked by algorithms that profile all of us. This is not a dystopian outlook on the future or paranoia. This is present day reality, whereby we live in a data-driven society with ubiquitous corruption that enables a small number of individuals to transgress a destitute mass of phone and internet media users. In this paper we present a few examples from around the world of both violations of privacy and accomplishments to protect privacy in online environments.