NOTES

CH_1
An Introduction to Freedom of Information and the Protection of Privacy

1 Helen Margetts, “Transparency and Digital Government,” in Transparency: The Key to Better Governance? ed. Christopher Hood and David Heald, 198.

2 For the most part, I will use the terms freedom of information and access to information interchangeably. That said, while freedom of information is a general term, applicable in a broad array of contexts, access to information tends to be used with reference to personal information, typically in electronic format, that is held by an organization.

3 Amitai Etzioni, The Limits of Privacy, 184.

4 See David Heald, “Varieties of Transparency,” in Transparency, ed. Hood and Heald, 25–43. Note that, in relation to upwards and downwards transparency, Heald’s typology can seem somewhat counter-intuitive in that it refers to the direction in which information flows rather than to the direction of sight, from watcher to watched. Thus, in upwards transparency, in which information flows from subordinates to superiors, the watcher is looking downwards. Similarly, in downwards transparency, those watching look upwards at those invested with authority.

5 David Heald, “Transparency as an Instrumental Value,” in Transparency, ed. Hood and Heald, 71.

6 Privacy International, Privacy and Human Rights 2000: Overview, www.privacyinternational.org/survey/phr2000/overview.html (accessed 6 December 2010).

7 For a succinct review of some pre-twentieth-century ideas that link transparency to the rule of law and to morality, see Christopher Hood, “Transparency in Historical Perspective,” in Transparency, ed. Hood and Heald, 5–10.

8 Catharine MacKinnon, Toward a Feminist Theory of the State, 194.

9 Ann Florini, “The End of Secrecy,” in Power and Conflict in the Age of Transparency, ed. Bernard I. Finel and Kristin M. Lord, 52.

10 Universities are one example of public institutions that are struggling with this issue. Some students use networking sites such as juicycampus.com to slander professors, to cheat, and to spread rumours, sometimes quite vicious ones. There was a particularly ugly incident at one Canadian university, in which a student assumed the identity of a professor, posted a degrading, racist YouTube video, and then emailed it to other students. Incidents like this have led to calls for universities to impose sanctions on students who are behaving inappropriately — but this leads directly into the debate over where the boundary lies between a student’s personal space and the institutional space of the university. See Tim Johnson, “The Wild Web,” University Affairs, 6 October 2008, http://www.universityaffairs.ca/the-wild-web.aspx (accessed 18 March 2010).

11 Kristin M. Lord, The Perils and Promise of Global Transparency: Why the Information Revolution May Not Lead to Security, Democracy, or Peace, 4.

12 For these and other revealing statistics, see Internet World Stats: Usage and Population Statistics, http://www.internetworldstats.com/stats4.htm (for Europe) and http://www.internetworldstats.com/stats1.htm (for Africa) (accessed 4 June 2011).

13 Similar debates over who should control information and knowledge production have arisen in the area of copyright law, as well as in connection with the open access movement, which seeks to make information freely available (thereby undercutting traditional business models), and the open source initiative, which allows users to adapt software code to suit their own purposes. The crux of the debate has to do with the desire to de-commodify information, which opponents of freely circulating information regard as a financial threat.

CH_2
Privacy Protection

1 See “Blatter’s Remarks About Women’s Soccer Uniforms Draw Reax,” SportsBusinessDaily, 19 January 2004, http://www.sports businessdaily.com/article/82103 (accessed 8 January 2011).

2 Anita L. Allen, Uneasy Access: Privacy for Women in a Free Society, 3.

3 Samuel Warren and Louis D. Brandeis, “The Right to Privacy,” Harvard Law Review 4 (1890): 193.

4 Zelman Cowen, The Private Man: The Boyer Lectures, 1969, 9–10.

5 Australian Law Reform Commission, For Your Information: Australian Privacy Law and Practice, vol. 1, sec. 15.109, p. 561 (also at sec. 13.34, p. 492), http://www.austlii.edu.au/au/other/alrc/publications/reports/108/ (accessed 10 April 2010).

6 Ibid. sec. 15.110, p. 561.

7 See United Nations, “The Universal Declaration of Human Rights,” G.A. res. 217A (III), U.N. Doc. A/810 (1948), Article 12; United Nations, “International Covenant on Civil and Political Rights,” G.A. res. 2200A (XXI), U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, Article 17; and United Nations, “Convention on the Rights of the Child,” G.A. res. 44/25 (1989), Article 16; see also Council of Europe, “European Convention on Human Rights” (1955), 312 U.N.T.S. 221, Article 8.

8 Electronic Privacy Information Centre and Privacy International, Privacy and Human Rights 2002: An International Survey of Privacy Laws and Developments, www.privacyinternational.org/survey/phr2002/phr2002-part1.pdf (accessed 12 April 2010).

9 R. v. Dyment, [1988] 2 S.C.R. 417, at 427–28.

10 Canada, Department of Communications and Department of Justice, Task Force on Privacy and Computers, Privacy and Computers: A Report of a Task Force Established Jointly by Dept. of Communications/Dept. of Justice, 13.

11 Alan F. Westin, Privacy and Freedom, 7.

12 Michael Kirby, “Privacy Protection, a New Beginning: OECD Principles Twenty Years On,” Privacy Law and Policy Reporter 6, no. 3 (1999): 25.

13 “OECD Council Recommendation,” in Organisation for Economic Co-operation and Development, Guidelines on the Protection of Privacy (1980), http://www.oecd.org/document/18/0,3746,en_2649_34255_1815186_1_1_1_1,00.html (accessed 12 February 2011).

14 General Provisions, Article 1, “Object of the Directive,” in European Union, Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data (1995), O.J.L. 281/31, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31995L0046:en:html (accessed 18 March 2010).

15 Asia-Pacific Economic Cooperation, APEC Privacy Framework (2005), “Preamble,” http://www.apec.org/Press/News-Releases/2005/~/media/Files/Press/NewsRelease/2005/04_amm_014rev1.ashx (accessed 3 June 2011).

16 Johanna G. Tan, “A Comparative Study of the APEC Privacy Framework — a New Voice in the Data Protection Dialogue?” Asian Journal of Comparative Law 3, no. 1, article 7 (2008) (accessed 12 February 2011). See also Graham Greenleaf, “Australia’s APEC Privacy Initiative: The Pros and Cons of ‘OECD Lite,’” Privacy Law and Policy Reporter 10, no. 1 (May 2003), http://www.austlii.edu.au/au/journals/PLPR/2003/17.html (accessed 1 June 2011).

17 Canadian Standards Association, Privacy Code (1996), “Principles in Summary,” http://www.csa.ca/cm/ca/en/privacy-code/publications/view-privacy-code/article/principles-in-summary (accessed 10 February 2011).

18 Office of the Information and Privacy Commissioner, letter to Donna Hill regarding request for review P1583, 30 November 2010 (personal communication from Donna Hill).

19 In 2010, Alberta became the first jurisdiction in Canada to pass legislation that makes it mandatory to report a breach of privacy if there is significant risk of harm to the person whose information has been exposed. This is particularly noteworthy because Alberta journalists had been complaining that the provincial government had been exhibiting an increasing propensity to deny access to information requests.

20 Ruth Gavison, “Privacy and the Limits of Law,” Yale Law Journal 89, no. 3 (1980): 465.

21 R. v. Dersch, [1993] 3 S.C.R. 768, Justice Claire L’Heureux-Dubé quoted at 785.

22 See Bobbie Johnson, “Privacy No Longer a Social Norm, Says Facebook Founder,” guardian.co.uk, 11 January 2010, http://www.guardian.co.uk/technology/2010/jan/11/facebook-privacy (accessed 8 June 2010).

23 European Union, Directive 95/46/EC. Article 25 of the directive stipulates:

1 The Member States shall provide that the transfer to a third country of personal data which are undergoing processing or are intended for processing after transfer may take place only if, without prejudice to compliance with the national provisions adopted pursuant to the other provisions of this Directive, the third country in question ensures an adequate level of protection.

2 The adequacy of the level of protection afforded by a third country shall be assessed in the light of all the circumstances surrounding a data transfer operation or service of data transfer operations; particular consideration shall be given to the nature of the data, the purpose and duration of the proposed processing operation or operations, the country of origin and country of final destination. The rules of law, both general and sectoral, in force in the third country in question and the professional rules and security measures which are complied with in that country.

24 See Lorna Stefanick, “Outsourcing and Transborder Data Flows: The Challenge of Protecting Personal Information Under the Shadow of the USA Patriot Act,” International Review of Administrative Sciences 73, no. 4 (December 2007): 531–48. The law prohibiting entry into the US of HIV-positive persons was rescinded in 2009.

25 Carol Tator and Frances Henry, with Charles Smith and Maureen Brown, Racial Profiling in Canada: Challenging the Myth of “A Few Bad Apples,” 56.

26 For details of the case, see Canada, Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, Report of the Events Relating to Maher Arar.

27 Keith D. Smith, Liberalism, Surveillance, and Resistance: Indigenous Communities in Western Canada, 1877–1927, 52.

28 Ibid., 17.

29 Ibid., 112.

30 See the “Privacy Statement” and the downloadable PDF titled “Acknowledgement Statement” at City of Edmonton, Job Opportunities, http://www.edmonton.ca/city_government/jobs/job-opportunities-old.aspx (accessed 24 June 2010). As of June 2011, these materials could still be accessed, but as the “-old” in the URL indicates, the Job Opportunities page has been updated. The newer version (http://www.edmonton.ca/city_government/jobs/job-opportunities.aspx) omits the Privacy Statement, and the downloadable PDF (“Acknowledgment Form”) has also been revised. The relevant statement now reads: “The City of Edmonton’s online recruitment system is hosted by ‘Taleo,’ a U.S. company with locations in the United States, Canada, and Europe. . . . Taleo stores the information you provide to the City’s online recruitment system on its server in Amsterdam, The Netherlands. The information will be protected with appropriate security safeguards, but may be subject to foreign law.” It thus appears that Taleo now stores City of Edmonton data in Amsterdam rather than in the US.

31 Kenexa, “Why Assessments?” http://www.kenexa.com/assessments (accessed 8 June 2010).

32 David H. Flaherty, “Visions of Privacy: Past, Present, and Future,” in Visions of Privacy: Policy Choices for a Digital Age, ed. Colin J. Bennett and Rebecca Grant, 21.

33 Canada, House of Commons Standing Committee on Human Rights and the Status of Persons with Disabilities, Privacy: Where Do We Draw the Line? Appendix I, “Privacy Rights and New Technologies: Consultation Package” 1.

CH_3
Freedom of Information (FOI)

1 Robert Cribb, “Dirty Dining,” Toronto Star, http://caj.ca/wp-content/uploads/2010/mediamag/summer2001/caraward.html (accessed 10 February 2011). The first article in the series (which won the Canadian Association of Journalists’ Best of the Best Award, Computer Assisted Reporting Category, in the summer of 2001) appeared on 19 February 2000.

2 British Columbia, Office of the Information and Privacy Commissioner for British Columbia, 2009–2010 Annual Report, July 2010, 29–30, http://www.oipc.bc.ca/publications/annual_reports/OIPC_AR_2009_10.pdf (accessed 10 February 2011).

3 Canada, Commission of Inquiry into the Sponsorship Program and Advertising Activities, Who Is Responsible? Phase 1 of the Report of the Commission of Inquiry into the Sponsorship Program and Advertising Activities (Gomery Commission).

4 James Savage, “Member-State Budgetary Transparency in the Economic and Monetary Union,” in Transparency: The Key to Better Governance? ed. Christopher Hood and David Heald, 148.

5 Jeffrey Owens, “Promoting Transparency and Co-operation in Financial Markets,” World Finance, 13 May 2008, http://www.worldfinance.com/news/tax//article147.html (accessed 10 February 2011).

6 See David Banisar, “The Right to Information in the Age of Information,” in Human Rights in the Global Information Society, ed. Rikke Frank Jørgensen, 77.

7 United Nations, “Universal Declaration of Human Rights,” Article 19 http://www.un.org/en/documents/udhr/index.shtml (accessed 1 June 2011).

8 “Case of McGinley and Egan v. the United Kingdom,” International Journal of Human Rights 2, no. 4 (1998): 135–37.

9 Open Society Justice Initiative, Transparency and Silence: A Survey of Access to Information Laws and Practices in Fourteen Countries, 74.

10 Banisar, “The Right to Information in the Age of Information,” in Human Rights in the Global Information Society, ed. Jørgensen, 75.

11 “Nine Journalists Murdered, Four Disappeared in Mexico in 2010,” Borderland Beat: Reporting on the Mexican Cartel Drug War, 3 January 2011, http://www.borderlandbeat.com/2011/01/nine-journalists-murdered-4-disappeared.html (accessed 11 February 2011).

12 “Guadalupe Mexico: Ericka Gandara, Last Police Officer, Missing,” The Huffington Post, 28 December 2010, http://www.huffington post.com/2010/12/28/guadalupe-mexico-ericka-g_n_802091.html (accessed 3 January 2011).

13 Marcel Claude Reyes and Others v. Chile was the first ruling of the Inter-America’s Court of Human Rights on access to information. It concerned the ability of the Terram Foundation, a Chilean environmental non-governmental organization, to access information from the Chilean Foreign Investment Committee concerning the environmental record of a US-based logging company that was planning a massive logging project on the Condor River.

14 Banisar, “The Right to Information in the Age of Information,” in Human Rights in the Global Information Society, ed. Jørgensen, 80–81.

15 Dumisani Nyalunga, “The State of Access to Information in South Africa,” IOLS-Research, University of KwaZulu-Natal, Commentary, July 2008 (accessed 16 December 2008 from http://iolsresearch.ukzn.ac.za/wonder16213.aspx, although the document is not currently available online). South Africa’s most recent FOI legislation was enacted in 2001, Zimbabwe’s and Angola’s in 2002, and Uganda’s in 2005.

16 Amartya Sen, quoted in Open Democracy Advice Centre, “About Us: Background to ODAC,” http://www.opendemocracy.org.za/about/background/ (accessed 22 December 2008).

17 Open Society Justice Initiative, Transparency and Silence, 15–20.

18 Patrick Birkinshaw, “Transparency as a Human Right,” in Transparency, ed. Hood and Heald, 49.

19 Ibid., 50.

20 Federal systems are those whose constitutions divide power between national and provincial or state governments. A unitary system has only a national government, which delegates power to sub-national levels. Examples of federal systems are Canada, the United States, and Australia. Examples of unitary systems are Britain, France, and New Zealand.

21 Declining trust in government is a global phenomenon. For a discussion of the situation in Canada, see Neil Nevitte, The Decline of Deference: Canadian Value Change in Cross-National Perspective, 54–59.

22 See Alasdair Roberts, “Dashed Expectations: Governmental Adaptation to Transparency Rules,” in Transparency, ed. Hood and Heald, 107–26.

23 Open Society Justice Initiative, Transparency and Silence, 11–14.

24 See Alasdair Roberts, “Two Challenges in the Administration of the Access to Information Act,” in Research Studies Volume 2: The Public Service and Transparency, ed. Commission of Inquiry into the Sponsorship Program and Advertising Activities, 115–62.

25 Roberts, “Dashed Expectations,” in Transparency, ed. Hood and Heald, 110.

26 Ibid., 115.

27 “RCMP Probe Searches for Truth Behind Withheld Tory Flight Logs,” Calgary Herald, 26 January 2009, http://www.canada.com/calgaryherald/news/story.html?id=dc9275a1-1cf2-4fbf-b332-112d42b3291d (accessed 10 February 2011).

28 Roberts, “Dashed Expectations,” in Transparency, ed. Hood and Heald, 116.

29 For the book that popularized the notion of governments as “steering” rather than “rowing” the ship of state, see David Osborne and Ted Gaebler, Reinventing Government: How the Entrepreneurial Spirit Is Transforming the Public Sector.

30 See Andrew McDonald, “What Hope for Freedom of Information in the UK?” in Transparency, ed. Hood and Heald, 135.

31 Richard Mulgan, “Contracting Out and Accountability,” 110.

32 See Alasdair Roberts, “Less Government, More Secrecy: Reinvention and the Weakening of Freedom of Information Law,” Public Administration Review 6, no. 4 (July–August 2000): 308–20; and Lorna Stefanick, “Alberta’s Ombudsman: Following Responsibility in an Era of Outsourcing,” in Provincial and Territorial Ombudsman Offices in Canada, ed. Stewart Hyson, 25–52.

CH_4
Sharing Medical Information: Antidote or Bitter Pill?

1 Alan F. Westin and Vivian van Gelder, Building Privacy by Design in Health Data Systems (August 2005), 52, http://www.amia.org/files/ehrrept9-6-05_westin.pdf (accessed 2 May 2010).

2 McInerney v. MacDonald (1992), 93 D.L.R. (4th) 415 at 422 (S.C.C.).

3 M.A. Rodwin, Medicine, Money and Morals: Physicians’ Conflicts of Interest, 268.

4 R. v. O’Connor, [1995] 4 S.C.R. 411, and R. v. Mills, [1999] 3 S.C.R. 668.

5 See World Medical Association, Revised Declaration of Lisbon on the Rights of the Patient (1981, with revisions in 1995 and 2005); World Health Organization, A Declaration on the Promotion of Patient’s Rights in Europe (1994); and Council of Europe, Committee of Ministers, Recommendation No. R (97) 5 of the Committee of Ministers to Member States on the Protection of Medical Data (1997). All three documents are available online.

6 Westin and Gelder, Building Privacy by Design, 52.

7 For a detailed discussion of racial profiling, see Carol Tator and Frances Henry, with Charles Smith and Maureen Brown, Racial Profiling in Canada: Challenging the Myth of “A Few Bad Apples.”

8 Canadian Human Rights Commission, “Canadian Human Rights Commission Policy on Alcohol and Drug Testing” (June 2002), 1–2, http://www.chrc-ccdp.ca/pdf/poldrgalceng.pdf (accessed 9 June 2010).

9 Manitoba, Manitoba Ombudsman’s Report into Garden Valley School Division’s Proposed Policy “Drug Testing for Student Athletes,” 16 September 2003, http://www.ombudsman.mb.ca/pdf/Final%20GVSD%20Consolidated%20Report.pdf (accessed 18 March 2010).

10 Jennifer D. Poudrier, “‘Racial’ Categories and Health Risks: Epidemiological Surveillance Among Canadian First Nations,” in Surveillance as Social Sorting: Privacy, Risk, and Automated Discrimination, ed. David Lyon, 112.

11 See Jaakko Kaprio, “Science, Medicine and the Future: Genetic Epidemiology,” British Medical Journal 320, no. 7244 (2000): 1257–59.

12 Michael Yudell, “A Short History of the Race Concept,” Council for Responsible Genetics, GeneWatch 22, nos. 3–4 (July/August 2009), http://www.councilforresponsiblegenetics.org/genewatch/GeneWatchPage.aspx?pageId=198 (accessed 12 July 2011).

13 See Alberta’s Sexual Sterilization Act, S.A. 1928, c.37, and Jana Grekul et al., “Sterilizing the ‘Feeble-minded’: Eugenics in Alberta, Canada, 1929–1972,” Journal of Historical Sociology 17 (2004): 358–85. The Sterilization of Leilani Muir, a 1996 National Film Board documentary, is based on one Alberta woman’s experience.

14 Robert Proctor, Racial Hygiene: Medicine Under the Nazis, 69.

15 See Burkart Holzner and Leslie Holzner, Transparency in Global Change: The Vanguard of the Open Society, 241–81.

16 Mary E. Schloendorff, Appellant v. The Society of the New York Hospital, Respondent, Court of Appeals of New York, 211 N.Y. 125; 105 N.E. 92 (decided 14 April 1914).

17 Henry K. Beecher, “Ethics and Clinical Research,” The New England Journal of Medicine 274, no. 24 (1966): 1354–60.

18 Holzner and Holzner, Transparency in Global Change, 261.

19 Stephen B. Thomas and Sandra Crouse Quinn, “The Tuskegee Syphilis Study, 1932–1972: Implications for HIV Education and AIDS Education Programs in the Black Community,” American Journal of Public Health 81, no. 11 (November 1991): 1498.

20 One need only use the Google search engine to find discussions of the racial inferiority of such groups as the Roma in Europe, illegal Mexican immigrants in the US, and Aboriginals in Canada. While the ideas promoted on such sites could be dismissed as coming from the lunatic fringe, they do underscore the problem of how easily scientific evidence can be distorted when it is viewed through the lens of racist assumptions.

CH_5
Surveillance in the Digital Age

1 Jeremy Bentham, The Panopticon Writings, ed. Miran Bozovic, Letter VI.

2 See Thomas Mathiesen, “The Viewer Society: Michel Foucault’s ‘Panopticon’ Revisited.”

3 David Murakami Wood, ed., A Report on the Surveillance Society (September 2006), 1, http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/surveillance_society_full_report_2006.pdf (accessed 3 June 2010).

4 Ibid., 4.

5 For these and other research findings, see Martin Gill and Angela Spriggs, Assessing the Impact of CCTV, 3–6. (A PDF of the report is available online; it can be located by a title search.)

6 Ibid., 3.

7 Philip Brey, “Ethical Aspects of Face Recognition Systems in Public Places,” Journal of Information, Communication and Ethics in Society 2, no. 2 (2004): 97–109.

8 For a more complete discussion of how privatization affects accountability, see Lorna Stefanick, “Alberta’s Ombudsman: Following Accountability in the Era of Outsourcing,” in Provincial and Territorial Ombudsman Offices in Alberta, ed. Stewart Hyson, 27–52.

9 Nigel Waters, “Street Surveillance and Privacy,” Privacy Law and Policy Reporter 32 (1996), www.austlii.edu.au/au/journals/PLPR/1996/32.html (accessed 16 December 2009).

10 Carol Tator and Frances Henry, with Charles Smith and Maureen Brown, Racial Profiling in Canada: Challenging the Myth of “A Few Bad Apples,” 56.

11 “Internet Game That Awards Points for People Spotting Real Crimes on CCTV Is Branded ‘Snooper’s Paradise,’” Daily Mail Online, 5 October 2009, http://www.dailymail.co.uk/news/article-1218225/Internet-game-awards-points-people-spotting-crimes-CCTV-cameras-branded-snoopers-paradise.html (accessed 2 May 2010), and Internet Eyes Blogspot, http://internet-eyes-news.blogspot.com/ (accessed 2 May 2010).

12 “ICO Puts Private Profit over Personal Privacy as Internet Eyes Game Launches,” NO CCTV and Privacy International, press release, 1 October 2010, http://www.no-cctv.org.uk/press/press_release_14.pdf (accessed 4 February 2011).

13 Google Maps, “Behind the Scenes,” http://maps.google.ca/help/maps/streetview/behind-the-scenes.html (accessed 9 February 2011).

14 StreetViewFun, http://www.streetviewfun.com/ (accessed 29 May 2010).

15 “Google May Drop Street View in EU If Photo Storage Time Is Cut,” Bloomberg Businessweek, 2 March 2010, http://www.businessweek.com/news/2010-03-03/google-may-drop-street-view-in-eu-if-photo-storage-time-is-cut.html (accessed 2 May 2010).

16 Sid Maher, “Stephen Conroy Accuses Google of Biggest Privacy Breach in Western World,” The Australian, 26 May 2010, http://www.theaustralian.com.au/business/media/conroy-accuses-google-of-biggest-privacy-breach-in-western-world/story-e6frg 996-1225871306422 (accessed 26 May 2010).

17 “Google Streetview Faces Privacy Roadblocks in Japan, Greece,” CBC NEWS, 13 May 2009, http://www.cbc.ca/world/story/2009/05/13/google-street-view-japan-greece.html (accessed 29 May 2010).

18 “Privacy Watchdog to Sue Google Streetview,” CBC News/Associated Press, 13 November 2009, http://www.cbc.ca/technology/story/2009/11/13/tech-google-street-view-switzerland.html (accessed 29 May 2010).

19 Letter from John M. Simpson, of Consumer Watchdog, to James McPherson, executive director of the National Association of Attorneys General, 26 May 2010, http://insidegoogle.com/wp-content/uploads/2010/05/LTRNatAGS052610.pdf (accessed 26 May 2010). See also “Consumer Watchdog Urges State Attorneys General to Probe Google’s WiSpy Snooping,” Consumer Watchdog, press release, 26 May 2010, http://insidegoogle.com/2010/05/consumer-watchdog-urges-state-attorneys-general-to-probe-googles-wispy-snooping/ (accessed 26 May 2010).

20 Organisation for Economic Co-operation and Development, Radio-Frequency Identification (RFID): Drivers, Challenges and Public Policy Considerations, 7.

21 Matt Ward, Rob van Kranenburg, and Gaynor Backhouse, RFID: Frequency, Standards, Adoption and Innovation, 9.

22 Gal Eschet, “FIPs and PETs for RFID: Protecting Privacy in the Web of Radio Frequency Identification,” Jurimetrics 45, no. 301 (2005): 307–8.

23 Australian Law Reform Commission, For Your Information: Australian Privacy Law and Practice, vol. 1, sec. 9.39, p. 399, http://www.austlii.edu.au/au/other/alrc/publications/reports/108/ (accessed 10 April 2010).

24 EPCglobal, “Guidelines on EPC for Consumer Products,” http://www.epcglobalus.org/AboutUs/ConsumerAwareness/ConsumerProductGuidelines/tabid/197/Default.aspx (accessed 2 May 2010).

25 Philip J. Boyle and Kevin D. Haggerty, Privacy Games: The Vancouver Olympics, Privacy and Surveillance, http://www.sscqueens.org/sites/default/files/Privacy%20Games.pdf (accessed 3 June 2010).

26 Canada, Public Safety Canada, “2010 Olympic and Paralympic Winter Games: Security Budget: Allocation of Funds,” http://www.publicsafety.gc.ca/media/nr/2009/nr20090219-1-eng.aspx (accessed 8 February 2011).

27 Canada, Office of the Parliamentary Budget Officer, “Assessment of Planned Security Costs for the 2010 G8 and G20 Summits,” 23 June 2010, 4, http://www2.parl.gc.ca/sites/pbo-dpb/documents/SummitSecurity.pdf (accessed 7 February 2011).

28 Boyle and Haggerty, Privacy Games, 4.

29 Michael A. Gips, “Face-off over Facial Recognition,” Security Management 45, no. 5 (2001): 12–14.

30 For an excellent example of the power of surveillance technologies when combined with social networking technology, see Port Moody photographer Ronnie Miranda’s 2011 Stanley Cup project that aims to break the world record for the most people tagged in one online photo. Viewers can zoom in on a face in the crowd and tag the Facebook page so that the picture will appear on Facebook. See http://www.gigapixel.com/image/gigapan-canucks-g7.html.

31 “FactCheck: How Many CCTV Cameras?” Channel 4 News, 18 June 2008, http://www.channel4.com/news/articles/society/factcheck+how+many+cctv+cameras/2291167 (accessed 5 July 2010).

32 “CCTV Boom Failing to Cut Crime,” BBC News, 6 May 2008, http://news.bbc.co.uk/2/hi/uk_news/7384843.stm (accessed 1 May 2010).

33 Teneros, “Teneros Social Sentry™ Offers Breakthrough in Corporate Protection,” http://www.teneros.com/socialsentry (accessed 2 May 2010); and Brian Sommer, “Big Brother Is Indeed Watching You: The Spy Side of Social Networking,” ZDNET Business News Network, 6 April 2010, http://blogs.zdnet.com/sommer/?p=824 (accessed 2 May 2010).

34 Roger Clarke, “Introduction to Dataveillance and Information Privacy, and Definitions of Terms” (1997, with revisions in 1999, 2005, and 2006), http://www.anu.edu.au/people/Roger.Clarke/DV/Intro.html#DV (accessed 2 May 2010; the URL has since changed to http://www.rogerclarke.com/DV/Intro.html).

35 In 2009, the Electronic Privacy Information Center (EPIC) filed a FOI request with the US Department of Homeland Security (DHS) for records relating to the airport body scanner program. When the DHS failed to comply, EPIC sued, and the DHS released records revealing that, contrary to what authorities had said, the scanning machines were capable of storing and transmitting images. EPIC subsequently requested the release of some two thousand images of travellers’ naked bodies that the DHS has in its possession, again resorting to a lawsuit to force compliance. As of June 2011, this case is still before the courts. See Electronic Privacy Information Center, “EPIC v. Department of Homeland Security — Body Scanners,” http://epic.org/privacy/airtravel/backscatter/epic_v_dhs.html (accessed 9 February 2011).

36 “Employee Discounts and Employer Surveillance of Biometrics?” Sociological Images, 30 January 2010, http://thesocietypages.org/socimages/2010/01/30/employee-discounts-and-employer-surveillance-of-bio-metrics/ (accessed 4 June 2010).

37 See, for example, Herman Finer, “Administrative Responsibility in Democratic Government,” Public Administration Review 1 (1941): 335–50; and Carl J. Friedrich, “Public Policy and the Nature of Administrative Responsibility” (1940), in Public Policy, ed. Carl Friedrich and Edward S. Mason, 3–24.

38 Noam Cohen and Brian Stelter, “Iraq Video Brings Notice to a Web Site,” New York Times, 6 April 2010, http://www.nytimes.com/2010/04/07/world/07wikileaks.html (accessed 2 May 2010). The debate over whether Julian Assange is a hero or a villain was amplified in December 2010, when Sweden sought his extradition from Britain to face sexual assault charges. Defenders of Assange say the accusations are politically motivated.

39 WikiLeaks, “Collateral Murder,” 5 April 2010, http://www.collateralmurder.com/ (accessed 2 May 2010).

40 Richard Ackland, “Leaks Pour Forth from the Wiki Well of Information,” Sydney Morning Herald, 9 April 2010, http://www.smh.com.au/opinion/politics/leaks-pour-forth-from-the-wiki-well-of-information-20100408-ruxn.html (accessed 7 February 2011); and Dan Froomkin, “WikiLeaks Video Exposes 2007 ‘Collateral Murder’ in Iraq,” The Huffington Post, 5 April 2010, http://www.huffingtonpost.com/2010/04/05/wikileaks-exposes-video-o_n_525569.html (accessed 7 February 2011).

41 “US Says Wikileaks Could ‘Threaten Global Security,’” BBC Mobile News: US and Canada, 26 July 2010, http://www.bbc.co.uk/news/world-us-canada-10758578 (accessed 8 February 2011).

CH_6
Social Networking: The Case of Facebook

1 Ronald Deibert and Rafal Rohozinski, “Introduction,” in Access Controlled: The Shaping of Power, Rights, and Rule in Cyberspace, ed. Ronald J. Deibert, John G. Palfrey, Rafal Rohozinski, and Jonathan Zittrain, 3–4.

2 Danah M. Boyd and Nicole B. Ellison, “Social Network Sites: Definition, History, and Scholarship,” Journal of Computer-Mediated Communication 13, no. 1, article 11 (2007).

3 Ibid. The question of who started Facebook is hotly contested. Various individuals, including Mark Zuckerberg, have laid claim to the original idea, with the predictable lawsuits ensuing. See, for example, John Markoff, “Who Founded Facebook? A New Claim Emerges,” New York Times, 29 August 2007, http://www.nytimes.com/2007/09/01/technology/01facebook.html, and Nicholas Carlson, “At Last — the Full Story of How Facebook Was Founded,” Business Insider, 5 March 1010, http://www.businessinsider.com/how-facebook-was-founded-2010-3 (both accessed 25 July 2011).

4 Mary Madden, “Reputation Management and Social Media: How People Monitor Their Identity and Search for Others Online,” PewInternet: Pew Internet and American Life Project, 26 May 2010, http://www.pewinternet.org/~/media//Files/Reports/2010/PIP_Reputation_Management.pdf (accessed 30 May 2010).

5 Manuel Castells, Mireia Fernández-Ardèvol, Jack Linchuan Qiu, and Araba Sey, Mobile Communication and Society: A Global Perspective, 209.

6 Howard Rheingold, Smart Mobs: The Next Social Revolution (Cambridge: MIT Press, 2002). YouTube offers hundreds of examples of flash mob videos.

7 Virág Molnár, “Reframing Public Space Through Digital Mobilization: Flash Mobs and the Futility (?) of Contemporary Urban Youth Culture” (2010), http://isites.harvard.edu/fs/docs/icb.topic497840.files/Molnar_Reframing-Public-Space.pdf (accessed 21 May 2010).

8 Helen Murphy, “Colombians Stage ‘Million Voices’ March Against FARC,” Bloomberg, 4 Februrary 2008, http://www.bloomberg.com/apps/news?pid=20601086&sid=aFXKi88tH.VE&refer=latin_america (accessed 21 May 2010).

9 A tweet is a text message or email of 140 characters maximum that is sent through the social networking service Twitter. Tweets are displayed on the author’s profile page and delivered to the people who follow the author.

10 “‘Support the Monks’ via Facebook,” Toronto Star, 30 September 2007, http://www.thestar.com/News/article/261973 (accessed 14 January 2011).

11 “In Memory of Neda Agha Soltan, 1982–2009,” http://www.youtube.com/watch?v=DjGFlTDlHE4 (accessed 21 May 2010).

12 Jon Leyne, “How Iran’s Political Battle Is Fought in Cyberspace,” BBC News, 11 February 2010, http://news.bbc.co.uk/2/hi/middle_east/8505645.stm (accessed 21 May 2010).

13 See Rateb Joudeh, “Egypt: ‘Social Network Revolt’ with New Twists,” Rianovosti, 15 February 2011, http://en.rian.ru/analysis/20110201/162405989.html (accessed 14 January 2011); and “The Face of Egypt’s Social Networking Revolution: Wael Ghonim’s Twitter and Facebook Activity Helped Spark the Egyptian Revolution, Causing Mubarak to Step Down as President,” CBS Evening News, 12 February 2011, http://www.cbsnews.com/sections/eveningnews/main3420.shtml (accessed 14 January 2011).

14 Aaron Smith, “The Internet’s Role in Campaign 2008,” Pew Internet and American Life Project, 15 April 2009, http://pewresearch.org/pubs/1192/internet-politics-campaign-2008 (accessed 21 May 2010).

15 Harvey Jones and José Hiram Soltren “Facebook: Threats to Privacy” (December 2005), http://groups.csail.mit.edu/mac/classes/6.805/student-papers/fall05-papers/facebook.pdf (accessed 23 May 2010).

16 Ibid., 13. See also Joshua Fogel and Elham Nehmad, “Internet Social Network Communities: Risk Taking, Trust and Privacy Concerns,” Computers in Human Behavior 25 (2009): 153–60; and Mariea Grubbs Hoy and George Milne, “Gender Differences in Privacy-related Measures for Young Adult Facebook Users,” Journal of Interactive Advertising 10, no. 2 (Spring 2010): 28–45.

17 “Facebook Is a Feminist Issue,” Geek Feminism Blog: Women, Feminism, and Geek Culture, 8 May 2010, http://geekfeminism.org/2010/05/08/facebook-is-a-feminist-issue/ (accessed 23 May 2010).

18 “Facebook, Privacy and Social Utility,” Larvatus Prodeo, 16 May 2010, http://larvatusprodeo.net/2010/05/16/facebook-privacy-and-social-utility/ (accessed 23 May 2010).

19 Andrew Moran, “Facebook Founder Accused of Calling First Few Users ‘Dumb,’” Digital Journal, 14 May 2010, http://www.digital journal.com/article/292032 (accessed 23 May 2010).

20 Zynga, “Fact Sheet,” http://www.zynga.com/about/facts.php (accessed 23 May 2010).

21 Ginny Mies, “The Risks of Social Networking Games: They May Seem Benign, but Such Games Leave Players Vulnerable to Unwanted Recurring Charges and Security Threats,” PC World, March 2010, 24 (accessed 22 May 2010).

22 Alex Li, “Connecting to Everything You Care About,” The Face-book Blog, 19 April 2010, http://blog.facebook.com/blog.php?post=382978412130 (accessed 23 May 2010).

23 Facebook, “Facebook’s Privacy Policy,” http://www.facebook.com/policy.php (accessed 23 May 2010). The statement was revised again on 22 December 2010 to read:

Information set to “everyone” is publicly available information, just like your name, profile picture, and connections. Such information may, for example, be accessed by everyone on the Internet (including people not logged into Face-book), be indexed by third party search engines, and be imported, exported, distributed, and redistributed by us and others without privacy limitations. Such information may also be associated with you, including your name and profile picture, even outside of Facebook, such as on public search engines and when you visit other sites on the internet. The default setting for certain types of information you post on Facebook is set to “everyone.”

Although the wording is more detailed and complex, the substance of the policy remains unchanged.

24 Kurt Opsahl, “Facebook’s Eroding Privacy Policy: A Timeline,” Electronic Frontier Foundation, Deeplinks Blog, 28 April 2010, http://www.eff.org/deeplinks/2010/04/facebook-timeline/ (accessed 21 May 2010).

25 Senator Charles E. Schumer, “Schumer: Decision by Facebook to Share Users’ Private Information with Third-party Websites Raises Major Privacy Concerns,” press release, 25 April 2010, http://www.schumer.senate.gov/record.cfm?id=324175& (accessed 23 May 2010). Interestingly, Schumer’s statement is now available on Facebook — but, in the headline as it appears there, Facebook leaves out the word “Major” in front of “Privacy Concerns.” See http://www.facebook.com/notes/chuck-schumer/schumer-decision-by-facebook-to-share-users-private-infor mation-with-third-party/128806310575 (accessed 3 June 2011).

26 Canada, Office of the Privacy Commissioner, Elizabeth Denham, Assistant Privacy Commissioner of Canada, “Report of Findings into the Complaint Filed by the Canadian Internet Policy and Public Interest Clinic (CIPPIC) Against Facebook Inc. Under the Personal Information Protection and Electronic Documents Act,” 16 July 2009, http://www.priv.gc.ca/cf-dc/2009/2009_008_0716_e.pdf (accessed 23 May 2010).

27 Canada, Office of the Privacy Commissioner, “Facebook Agrees to Address Privacy Commissioners Concerns,” press release, 27 August 2009, http://www.priv.gc.ca/media/nr-c/2009/nr-c_090827_e.cfm (accessed 23 May 2010).

28 Richard Esguerra, “A Handy Facebook-to-English Translator,” Electronic Frontier Foundation, Deeplinks Blog, 28 April 2010, https://www.eff.org/deeplinks/2010/04/handy-facebook-english-translator#connections (accessed 23 May 2010).

29 Both quoted in Sarah Schmidt, “Facebook Privacy Fight Heating Up: Experts Predict Federal Court Showdown by September,” Calgary Herald (Canwest news service), 22 May 2010, http://www2. canada.com/calgaryherald/news/story.html?id=01b546c9-a715-42da-9e3a-f8fac840fa58&p=2 (accessed 4 June 2011).

30 Sharon Gaudin, “More than Half of Facebook Users May Quit the Site, Poll Finds,” Computerworld, 21 May 2010, http://www.computerworld.com/s/article/9177091/More_than_half_of_Facebook_users_may_quit_site_poll_finds (accessed 23 May 2010).

31 See Matt Hartley, “FP Tech Desk: Quit Facebook Day Is May 31,” Financial Post, 17 May 2010, http://business.financialpost.com/2010/05/17/fp-tech-desk-quit-facebook-day-is-may-31/ (accessed 23 May 2010). It is not very surprising that users had to go looking for information about how to delete accounts: it turns out that signing up is far easier than signing off. What Facebook calls “deletion” is set up as deactivation, which simply suspends the user’s account, perhaps on the assumption that the user will eventually come to his or her senses and wish to reactivate the account. Actual deletion of an account is much more complex, and even then it is not immediate.

32 Castells, Fernández-Ardèvol, Qiu, and Sey, Mobile Communication and Society, 185.

33 James Grimmelmann, “Saving Facebook,” Iowa Law Review 94 (2009): 1137–1206, http://works.bepress.com/james_grimmelmann/20/ (accessed 4 June 2011).