Security and Privacy

Security and Privacy: Global Standards for Ethical Identity Management in Contemporary Liberal Democratic States

John Kleinig
Peter Mameli
Seumas Miller
Douglas Salane
Adina Schwartz
Series Editor Michael J. Selgelid
Copyright Date: 2011
Published by: ANU Press
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  • Book Info
    Security and Privacy
    Book Description:

    This study is principally concerned with the ethical dimensions of identity management technology - electronic surveillance, the mining of personal data, and profiling - in the context of transnational crime and global terrorism. The ethical challenge at the heart of this study is to establish an acceptable and sustainable equilibrium between two central moral values in contemporary liberal democracies, namely, security and privacy. Both values are essential to individual liberty, but they come into conflict in times when civil order is threatened, as has been the case from late in the twentieth century, with the advent of global terrorism and trans-national crime. We seek to articulate legally sustainable, politically possible, and technologically feasible, global ethical standards for identity management technology and policies in liberal democracies in the contemporary global security context. Although the standards in question are to be understood as global ethical standards potentially to be adopted not only by the United States, but also by the European Union, India, Australasia, and other contemporary liberal democratic states, we take as our primary focus the tensions that have arisen between the United States and the European Union.

    eISBN: 978-1-921862-58-8
    Subjects: Philosophy, Political Science

Table of Contents

  1. Front Matter
    (pp. i-iv)
  2. Table of Contents
    (pp. v-vi)
  3. Preface
    (pp. vii-viii)
  4. Contributors
    (pp. ix-x)
  5. Acknowledgments
    (pp. xi-xii)
  6. I. Crime Scenes and the Terroir of Terror
    (pp. 1-6)

    The latter decades of the twentieth century and now the first decade of the twenty-first century have seen considerable changes in the ethical challenges we face. Many of those changes have been technologically driven. Technologies that enable people to be kept physiologically alive have posed new and difficult questions about the time, timing and circumstances of the end of life. Other technological developments have posed new questions at the beginning of life concerning the potential use of gene enhancement therapies, cloning and the emergence of personhood. Technological developments have also done much to overcome what the historian Geoffrey Blainey spoke...

  7. II. Security and the Challenge to Liberal Values
    (pp. 7-10)

    Security is valuable to any society. For each society, security offers a form of stability in the face of vulnerability, but within liberal democratic polities, security also provides – at least in theory – a social environment within which individual citizens and other dwellers can flourish. That is, security offers to citizens and others a stable framework for the pursuit of the various goods that they seek to realize for themselves. Henry Shue speaks of individual security as a basic right – indeed, as a right that underwrites all other rights, including, in his view, other basic rights such as...

  8. III. The Blessing and Bane of the Liberal Democratic Tradition
    (pp. 11-18)

    One of the important virtues of liberalism – and, by extension, a liberal democratic polity – is that, in theory at least, it acknowledges the diversity of human goods and ends. A liberal democratic polity seeks to accommodate within its social order a recognition of this diversity and to enable the realization of differing ends. A liberal democratic polity will therefore include among its important goals the fostering of – or at least a decision not to inhibit – the diversity of ways in which humans can flourish. No doubt there will be limits or at least challenges to such...

  9. IV. Divergent Formalities
    (pp. 19-76)

    There is wide divergence in the ways that liberal democracies view and protect individual privacy and identity. A recent multinational report sponsored by the European Commission compares legal and regulatory measures to enhance privacy and trust in the European Union, the United States, Japan, South Korea and Malaysia.¹ For each jurisdiction, the report examines self-regulatory and co-regulatory arrangements, enforcement mechanisms and the effectiveness of privacy and trust practices. Jurisdictions in which privacy is considered an inherent human right and is constitutionally protected tend to have a uniform regulatory framework that limits the way in which a data controller can collect...

  10. V. When the Rubber Hits the Road
    (pp. 77-88)

    What Gallie had in mind when articulating the idea of essential contestability were comprehensive normative traditions and ideologies that range across the whole spectrum of social and political belief. His observations about social conceptualization might be applied equally to variations within the liberal tradition and, even more relevantly to our purposes in this inquiry, to differences in liberal cultural traditions. Indeed, what Rawls aspires to as an overlapping consensus is grounded in liberal diversity rather than the whole range of normative difference.

    Although this study could have attempted to explore the wide range of differences among liberal polities – and...

  11. VI. Securitization Technologies
    (pp. 89-128)

    We noted in Chapter III that the ratcheting up of security has created a number of problems for important liberal democratic values – in relation to security itself as well as with respect to liberty, autonomy, privacy, identity and dignity.

    Here our focus will be on various securitization technologies concerned with surveillance, data mining and matching/integration, and profiling. We provide descriptions of some of the main technologies in use, indicating briefly how they impact on and challenge the values identified in Chapter III (and articulated at greater length in Chapter VIII). Our concern will not be to determine the actual...

  12. VII. Surveillance Technologies and Economies
    (pp. 129-150)

    Thus far this work has been concerned extensively with the way liberal democracies attempt to balance individual privacy with the need for collective security. Government collection of data on individuals, along with its ethical and legal underpinnings, has been our main concern. In Chapters V and VI, for example, we described surveillance technologies and systems increasingly used by governments for security purposes – passenger name records, data mining to create terrorist profiles and National Identity Cards to name a few. In those sections we touched briefly upon current, widely accepted modern communication and information systems, such as social networks that...

  13. VIII. The Underlying Values and their Alignment
    (pp. 151-224)

    We have made repeated references to the liberal democratic values at stake in contemporary digital technologies. It is now time to attempt to articulate them in greater detail and, in particular, to offer accounts that might have some claim to broad, if not universal, acceptance within liberal polities. We focus initially on security, a value in any society, but distinctively construed within a liberal polity, before reviewing the ways in which strategies for assuring it may come into tension with other important liberal values – privacy, autonomy and dignity – and thus impinge on liberal identity.

    Both crime and terrorism...

  14. IX. The Complexities of Oversight and Accountability
    (pp. 225-240)

    Assuming that there are ways of aligning the values that infuse various liberal democratic societies, there is still the important question of how to implement them within the diverse institutional arrangements in which they are or will be embedded.¹ What regulatory or oversight arrangements would be most suited to their realization?

    Ideally, oversight arrangements within liberal societies will reflect their undergirding values. Oversight mechanisms should gravitate in the direction of structures that exemplify those values. In particular – and apposite to the concerns of this study – there will be a determination to ensure social arrangements in which personal accountability...

  15. X. Recommendations
    (pp. 241-246)

    Here we articulate a series of recommendations with respect to the use of technologies identified in Chapters VI and VII that will bear on both accountability mechanisms and legal constraints/requirements. Although these recommendations focus particularly on the current US situation, they have clear implications for democratic polities writ large. To some degree, our recommendations arise out of a review of the EU experience which, even if flawed in the implementation, strikes us as formally well-developed.

    The point here is that compromises of individual privacy – via the collection of data by government agencies – are not limited to newspaper exposés...

  16. Appendix: Security and Privacy Institutional Arrangements: Australia and India
    (pp. 247-262)
  17. References
    (pp. 263-292)