共查询到20条相似文献，搜索用时 203 毫秒
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知识产权法的人本主义伦理转向———以建构主义的技术观为视角 《科学学研究》2022,40(8):1345-1352
知识产权法因技术理性观的侵蚀而呈现的失衡状态，在以人工智能、云计算、大数据为标志的数字时代愈发凸显，隐藏着从局部失衡发展为系统性、结构性失衡的隐患。知识产权与隐私权、“数字人权”、生命健康权、信息获取权等权利的冲突亟待规制。建构主义的技术观从技术产生与运作中“人”的能动因素入手，为这一冲突的解决提供了思路。数字时代知识产权法的建构应当以人本主义为出发点和落脚点，从“树立平衡保护观”“培育创新与发展共同体”和“构建风险共同体”三重维度培育人本主义知识产权观，从坚持人的主体地位、强化人的主体责任、完善人的基本权利三个层面完善知识产权制度。人本主义知识产权保护理念的提出，也将为中国法迎来世界时刻。 相似文献
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The concept of privacy as a basic human right which has to be protected by law is a recently adopted concept in Thailand,
as the protection of human rights was only legally recognized by the National Human Rights Act in 1999. Moreover, along with
other drafted legislation on computer crime, the law on privacy protection has not yet been enacted. The political reform
and the influences of globalization have speeded up the process of westernization of the urban, educated middle-class professionals.
However, the strength of traditional Thai culture means that a mass awareness of the concept of privacy rights remains scarce.
This paper explicates the Thai cultural perspective on privacy and discusses the influence of Buddhism on privacy rights,
including the impacts of globalization and the influence of Western values on the country’s political and legal developments.
The paper also discusses the legal provisions regarding privacy protection, and the debates on the smart ID cards policy and
SIM cards registration for national security. 相似文献
3.
Luke Stark 《The Information Society》2016,32(1):14-27
Why are ongoing legal, design, and policy debates around information privacy often divorced from the lived experience of everyday digital media use? This article argues that human emotion is a critical but undertheorized element in users' subjective sense of information privacy. The piece advocates for a greater attention to the phenomenology of feeling and to the concept of “visceral” design in information privacy scholarship, policy, and design practice. 相似文献
4.
Burcu S. Bakioǧlu 《The Information Society》2016,32(1):40-50
Taking Operation Payback and the broader context provided by The Pirate Bay as a point of reference, I consider the role of network-based initiatives in shaping the digital rights movement. I argue that Operation Payback is a significant milestone in copyright controversies because it exposed formal and informal, legal and extralegal strategies that have crystallized into an intricate business model around intellectual property. The most consequential outcome of this operation was that it created a focus on privacy violations that occurred at the behest of copyright, and thus revealed the tensions between intellectual property and privacy. In so doing, it brought privacy concerns front and center, galvanizing unprecedented support for the digital rights movement. 相似文献
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In this paper we discuss the social and ethical issues that arise as a result of digitization based on six dominant technologies: Internet of Things, robotics, biometrics, persuasive technology, virtual & augmented reality, and digital platforms. We highlight the many developments in the digitizing society that appear to be at odds with six recurring themes revealing from our analysis of the scientific literature on the dominant technologies: privacy, autonomy, security, human dignity, justice, and balance of power. This study shows that the new wave of digitization is putting pressure on these public values. In order to effectively shape the digital society in a socially and ethically responsible way, stakeholders need to have a clear understanding of what such issues might be. Supervision has been developed the most in the areas of privacy and data protection. For other ethical issues concerning digitization such as discrimination, autonomy, human dignity and unequal balance of power, the supervision is not as well organized. 相似文献
6.
Stephen Coleman 《Ethics and Information Technology》2006,8(1):17-27
This paper discusses privacy and the monitoring of e-mail in the context of the international nature of the modern world. Its three main aims are: (1) to highlight the problems involved in discussing an essentially philosophical question within a legal framework, and thus to show that providing purely legal answers to an ethical question is an inadequate approach to the problem of privacy on the Internet; (2) to discuss and define what privacy in the medium of the Internet actually is; and (3) to apply a globally acceptable ethical approach of international human rights to the problem of privacy on the Internet, and thus to answer the question of what is and is not morally permissible in this area, especially in light of recent heightened concerns about terrorist activities. It concludes that the monitoring of e-mail is, at least in the vast majority of cases, an unjustified infringement of the right to privacy, even if this monitoring is only aimed at preventing the commission of acts of terrorism. 相似文献
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Organizations struggle to comply with legal requirements as well as customers’ calls for better data protection. On the implementation level, incorporation of privacy protections in products and services depends on the commitment of the engineers who design them. We interviewed six senior engineers, who work for globally leading IT corporations and research institutions, to investigate their motivation and ability to comply with privacy regulations. Our findings point to a lack of perceived responsibility, control, autonomy, and frustrations with interactions with the legal world. While we increasingly call on engineers to go beyond functional requirements and be responsive to human values in our increasingly technological society, we may be facing the dilemma of asking engineers to live up to a challenge they are currently not ready to embrace. 相似文献
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数字信息资源开放存取中的法律规范是实现数字信息资源共享的前提。《布达佩斯开放存取计划》中对开放存取的定义使用户在使用该文献时不受经济、法律或技术的限制产生了歧义,导致数字信息资源开放存取行为在实践中经常出现纠纷,引发了一些法律问题。本文对数字信息资源开放存取的法律客体问题、开放存取过程中保持文献的完整性问题、权利人的利益保护问题、复制权问题、合理使用问题以及适当引用问题进行了分析。 相似文献
11.
Robert L. McArthur 《Ethics and Information Technology》2001,3(2):123-128
Use of the concept of `areasonable person and his or her expectations'is widely found in legal reasoning. This legalconstruct is employed in the present article toexamine privacy questions associated withcontemporary information technology, especiallythe internet. In particular, reasonableexpectations of privacy while browsing theworld-wide-web and while sending and receivinge-mail are analyzed. 相似文献
12.
[研究目的]探讨大数据背景下数据开放与公民隐私之间的矛盾问题,旨在推动我国政府数据开放建设,促进社会经济的发展。[研究方法]针对政府数据开放所带来的隐私权可能遭受侵害的风险,论述了导致该风险的原因,包括法律体系滞后、主体权利与义务不明确、信息管理体系存在不足等问题,同时提出了相应的对策、建议。[研究结论]构建分类分级的数据开放法律体系,促进主体间权利和义务的平衡以及明确数据开放的方式,明确政府进行数据管理的范围,强化数据管理的约束机制,并以此为基础构建全国性统一的数据开放平台。 相似文献
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随着通信与网络技术的发展以及犯罪的复杂性,情报监听这一秘密侦查措施越来越为人们所重视,但若不对情报监听进行法律规制,容易导致滥用监听权以及侵犯公民隐私权等情况发生,因此必须对其予以立法规制。美国作为世界上最早出台情报监听立法的国家,其法律体系比较完善,因此,本文立足美国情报监听立法,评析立法的优点及缺陷,从而为我国的情报监听立法提供借鉴意义。 相似文献
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Gloria González Fuster 《Ethics and Information Technology》2010,12(1):87-95
The accuracy principle is one of the key standards of informational privacy. It epitomises the obligation for those processing
personal data to keep their records accurate and up-to-date, with the aim of protecting individuals from unfair decisions.
Currently, however, different practices being put in place in order to enhance the protection of individuals appear to deliberately
rely on the use of ‘inaccurate’ personal information. This article explores such practices and tries to assess their potential
for privacy protection, giving particular attention to their legal implications and to related ethical issues. Ultimately,
it suggests that the use of ‘inaccurate’ data can potentially play a useful role to preserve the informational autonomy of
the individual, and that any understandings of privacy or personal data protection that would tend to unduly limit such potential
should be critically questioned. 相似文献
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ABSTRACTHigher education institutions have started using big data analytics tools. By gathering information about students as they navigate information systems, learning analytics employs techniques to understand student behaviors and to improve instructional, curricular, and support resources and learning environments. However, learning analytics presents important moral and policy issues surrounding student privacy. We argue that there are five crucial questions about student privacy that we must address in order to ensure that whatever the laudable goals and gains of learning analytics, they are commensurate with respecting students' privacy and associated rights, including (but not limited to) autonomy interests. We address information access concerns, the intrusive nature of information-gathering practices, whether or not learning analytics is justified given the potential distribution of consequences and benefits, and issues related to student autonomy. Finally, we question whether learning analytics advances the aims of higher education or runs counter to those goals. 相似文献
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Adam D. Moore 《Ethics and Information Technology》2016,18(1):41-49
In the United States the ascendancy of speech protection is due to an expansive and unjustified view of the value or primacy of free expression and access to information. This is perhaps understandable, given that privacy has been understood as a mere interest, whereas speech rights have been seen as more fundamental. I have argued elsewhere that the “mere interest” view of privacy is false. Privacy, properly defined, is a necessary condition for human well-being or flourishing. The opening section of this article will provide an overview of this theory. Next, after a few remarks on speech absolutism, privacy absolutism, and balancing theories, I will sketch several of the dominant argument strands that have been offered in support of presumptively weighty speech rights. While these arguments, taken together, establish that free speech is important, they do not support the view that speech should nearly always trump privacy. In final section I will present and defend a way to balance free speech and privacy claims. 相似文献
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【目的/意义】大数据时代图书馆的服务模式发生了根本性变化,个性化信息服务是数字图书馆的基础和核
心,同时在服务过程中也会导致用户隐私泄露问题。采取科学、有效的用户隐私保护策略有助于提高图书馆服务
质量和信息资源使用效率。【方法/过程】通过分析图书馆个性化服务隐私泄露的途径,全面阐述在图书馆数据生
成、存储、传输以及应用生命周期中的主要隐私泄露风险,进而从法律规范和措施层面提出了一个图书馆服务中个
人数据隐私保护框架。最后从技术层面提出个人数据隐私保护对策与建议。【结果/结论】研究表明,图书馆必须从
保障和维护用户权益出发,自觉遵守相关的法律、法规,提高用户隐私数据全生命周期中监督管理的科学性、有效
性和技术水平,满足用户个性化服务需求。【创新/局限】本文从理论和技术上全面阐述了图书馆个性化服务中用户
隐私保护策略,但对图书馆服务过程论述得不够全面,具有一定的局限性。 相似文献
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Marjolein Lanzing 《Ethics and Information Technology》2016,18(1):9-16
This paper critically engages with new self-tracking technologies. In particular, it focuses on a conceptual tension between the idea that disclosing personal information increases one’s autonomy and the idea that informational privacy is a condition for autonomous personhood. I argue that while self-tracking may sometimes prove to be an adequate method to shed light on particular aspects of oneself and can be used to strengthen one’s autonomy, self-tracking technologies often cancel out these benefits by exposing too much about oneself to an unspecified audience, thus undermining the informational privacy boundaries necessary for living an autonomous life. 相似文献