Big Data and The Phantom Public: Walter Lippmann and the Fallacy of Data Privacy Self-Management

Obar, Jonathan A.

doi:10.2139/ssrn.2239188

Cited by 10 publications

(14 citation statements)

References 63 publications

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“…The First Amendment (Calvert, 2009;Hade, 2011;Taylor, 2014) and the Fourth Amendment (Naito, 2011;Semitsu, 2011) of the US Constitution, the Federal Trade Commission Act (Touschner, 2011), the Digital Millennium Copyright Act (Hull, 2010), freedom of information law (Levine, 2012), privacy law (Nissenbaum, 2011;Obar, 2015;Obar & Clement, 2012;Solove, 2012), defamation and other speech-oriented laws (Lidsky, 2011;Metcalfe, 2010) and contract law (Anderson, 2011) are just a few of the areas in which pre-existing law and policy are being reconsidered in light of the new challenges posed by social media.…”

Section: Governance Of Social Media: the Challengementioning

confidence: 99%

Social media definition and the governance challenge: An introduction to the special issue

Obar

Wildman

2015

Telecommunications Policy

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Section: Governance Of Social Media: the Challengementioning

confidence: 99%

Social media definition and the governance challenge: An introduction to the special issue

Obar

Wildman

2015

Telecommunications Policy

Self Cite

605

292

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“…-Edward S. Herman and Noam Chomsky, 1988, Manufacturing Consent "I agree to the terms and conditions" is referred to anecdotally as "The Biggest Lie on the Internet" (Obar & Oeldorf-Hirsch, 2018). Whether the extent of the lie is to the degree the anecdote suggests, consent failures, specifically the efforts and mechanisms to blame for these failures, along with the implications, are increasingly coming into view (Cate, 2006;Madden, Gilman, Levy, & Marwick, 2017;Nissenbaum, 2011;Obar, 2015;Obar & Oeldorf-Hirsch, 2017;Reidenberg, Russell, Callen, Qasir, & Norton, 2015b;Solove, 2012). The clickwrap is one such mechanism to blame (see Figure 1).…”

Section: The Opportunitiesmentioning

confidence: 99%

The Clickwrap: A Political Economic Mechanism for Manufacturing Consent on Social Media

Obar

Oeldorf-Hirsch

2018

Social Media + Society

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The clickwrap is a digital prompt that facilitates consent processes by affording users the opportunity to quickly accept or reject digital media policies. A qualitative survey analysis was conducted (N = 513), assessing user interactions with the consent materials of a fictitious social media service, NameDrop. Findings suggest that clickwraps serve a political economic function by facilitating the circumvention of consent materials. Herman and Chomsky's notion of the "buying mood" guides the analysis to analogize how social media maintain flow to monetized sections of services while diverting attention from policies that might encourage dissent. Clickwraps accomplish this through an agenda-setting function whereby prompts encouraging circumvention are made more prominent than policy links. Results emphasize that clickwraps discourage engagement with privacy and reputation protections by suggesting that consent materials are unimportant, contributing to the normalization of this circumvention. The assertion that clickwraps serve a political economic function suggests that capitalist methods of production are successfully being integrated into social media services and have the ability to manufacture consent.

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“…Privacy policies, for instance, are often not only too long but also difficult to understand. 210 The situation, however, is not much different when it comes to the avoidance of access to data. As Hogan and Shepherd state, much of what is involved in keeping personal information out of the hands of intelligence agencies such as the NSA is beyond the ability of most users.…”

Section: Unequal Accessmentioning

confidence: 99%

Lists of Ethical, Legal, Societal and Economic Issues of Big Data Technologies

et al. 2017

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Data-driven innovation is deeply transforming society and the economy. Although there are potentially enormous economic and social benefits this innovation also brings new challenges for individual and collective privacy, security, as well as democracy and participation. The main objective of the CSA e-SIDES is to complement the research on privacy-preserving big data technologies, by analyzing, mapping and clearly identifying the main societal and ethical challenges emerging from the adoption of big data technologies, conforming to the principles of responsible research and innovation; setting up and organizing a sustainable dialogue between industry, research and social actors, as well as networking with the main Research and Innovation Actions and Large Scale Pilots and other framework program projects interested in these issues. It will investigate stakeholders' concerns, and collect their input, framing these results in a clear conceptual framework showing the potential trade-offs between conflicting needs and providing a basis to validate privacy-preserving technologies. It will prepare and widely disseminate community shared conclusions and recommendations highlighting the best way to ultimately build confidence of citizens and businesses towards big data and the data economy. Second, the legal perspective focuses on the lists of human rights derived from the European Convention on Human Rights (ECHR) and the EU Charter of Fundamental Rights (the EU Charter), which together constitute the main legal framework for the EU in the field of human rights. The rights of particular relevance in the context of big data technologies are the rights to private and family life, personal data protection, freedom of expression and information, freedom of assembly and association, nondiscrimination, fair trial and consumer protection. By analysing the normative scope of each of these human rights, looking at both legislation and case law of the European courts and the way in which big data technologies challenge different aspects of each human right at stake, the legal part distils the list of the most relevant issues at the nexus of big data technologies and human rights in the EU. The legal issues identified are: lack of transparency, vagueness of the concept of harm, accountability, proportionality, establishing a regulatory framework and the role of private actors in applying fundamental rights.Third, the societal perspective makes use of the extensive literature on Societal Impact Assessments (SIA). The analysis of literature was combined with a review of research project propositions and complemented by discussions at two workshops. Societal impact is very generally understood as changes to one or more of a number of elements of social life: people's way of life, their culture, their community, their political systems, their environment, their health and well-being, their personal and property and their fears and aspirations. The societal issues are mapped by examining different actors and distinctions between thes...

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Big Data and The Phantom Public: Walter Lippmann and the Fallacy of Data Privacy Self-Management

Cited by 10 publications

References 63 publications

Social media definition and the governance challenge: An introduction to the special issue

Social media definition and the governance challenge: An introduction to the special issue

The Clickwrap: A Political Economic Mechanism for Manufacturing Consent on Social Media

Lists of Ethical, Legal, Societal and Economic Issues of Big Data Technologies

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