Helen Nissenbaum

Shaping the Web: Why the Politics of Search Engines Matters

This article argues that search engines raise not merely technical issues but also political ones. Our study of search engines suggests that they systematically exclude (in some cases by design and in some, accidentally) certain sites and certain types of sites in favor of others, systematically giving prominence to some at the expense of others. We argue that such biases, which would lead to a narrowing of the Webs functioning in society, run counter to the basic architecture of the Web as well as to the values and ideals that have fueled widespread support for its growth and development. We consider ways of addressing the politics of search engines, raising doubts whether, in particular, the market mechanism could serve as an acceptable corrective.This article argues that search engines raise not merely technical issues but also political ones. Our study of search engines suggests that they systematically exclude (in some cases by design and in some, accidentally) certain sites and certain types of sites in favor of others, systematically giving prominence to some at the expense of others. We argue that such biases, which would lead to a narrowing of the Webs functioning in society, run counter to the basic architecture of the Web as well as to the values and ideals that have fueled widespread support for its growth and development. We consider ways of addressing the politics of search engines, raising doubts whether, in particular, the market mechanism could serve as an acceptable corrective.

Privacy and contextual integrity: framework and applications

Contextual integrity is a conceptual framework for understanding privacy expectations and their implications developed in the literature on law, public policy, and political philosophy. We formalize some aspects of contextual integrity in a logical framework for expressing and reasoning about norms of transmission of personal information. In comparison with access control and privacy policy frameworks such as RBAC, EPAL, and P3P, these norms focus on who personal information is about, how it is transmitted, and past and future actions by both the subject and the users of the information. Norms can be positive or negative depending on whether they refer to actions that are allowed or disallowed. Our model is expressive enough to capture naturally many notions of privacy found in legislation, including those found in HIPAA, COPPA, and GLBA. A number of important problems regarding compliance with privacy norms, future requirements associated with specific actions, and relations between policies and legal standards reduce to standard decision procedures for temporal logic

A Contextual Approach to Privacy Online

Abstract Recent media revelations have demonstrated the extent of third-party tracking and monitoring online, much of it spurred by data aggregation, profiling, and selective targeting. How to protect privacy online is a frequent question in public discourse and has reignited the interest of government actors. In the United States, notice-and-consent remains the fallback approach in online privacy policies, despite its weaknesses. This essay presents an alternative approach, rooted in the theory of contextual integrity. Proposals to improve and fortify notice-and-consent, such as clearer privacy policies and fairer information practices, will not overcome a fundamental flaw in the model, namely, its assumption that individuals can understand all facts relevant to true choice at the moment of pair-wise contracting between individuals and data gatherers. Instead, we must articulate a backdrop of context-specific substantive norms that constrain what information websites can collect, with whom they can share it, and under what conditions it can be shared. In developing this approach, the paper warns that the current bias in conceiving of the Net as a predominantly commercial enterprise seriously limits the privacy agenda.

Protecting Privacy in an Information Age : The Problem of Privacy in Public

Philosophical and legal theories of privacy have long recognized the relationship between privacy and information about persons. They have, however, focused on personal, intimate, and sensitive information, assuming that with public information, and information drawn from public spheres, either privacy norms do not apply, or applying privacy norms is so burdensome as to be morally and legally unjustifiable. Against this preponderant view, I argue that information and communications technology, by facilitating surveillance, by vastly enhancing the collection, storage, and analysis of information, by enabling profiling, data mining and aggregation, has significantly altered the meaning of public information. As a result, a satisfactory legal and philosophical understanding of a right to privacy, capable of protecting the important values at stake in protecting privacy, must incorporate, in addition to traditional aspects of privacy, a degree of protection for privacy in public.

Information Technology and Moral Philosophy: Embodying Values in Technology: Theory and Practice

INTRODUCTION The idea that values may be embodied in technical systems and devices (artifacts) has taken root in a variety of disciplinary approaches to the study of technology, society, and humanity (Winner 1986; Latour 1992; Hughes 2004; MacKenzie and Wajcman 1985). A pragmatic turn from this largely descriptive posture sets forth values as a design aspiration, exhorting designers and producers to include values, purposively, in the set of criteria by which the excellence of technologies is judged. If an ideal world is one in which technologies promote not only instrumental values such as functional efficiency, safety, reliability, and ease of use, but also the substantive social, moral, and political values to which societies and their peoples subscribe, then those who design systems have a responsibility to take these latter values as well as the former into consideration as they work. (See, for example, Friedman and Nissenbaum 1996, Mitcham 1995, and Nissenbaum 1998.) In technologically advanced, liberal democracies, this set of such values may include liberty, justice, enlightenment, privacy, security, friendship, comfort, trust, autonomy, and sustenance. It is one thing to subscribe, generally, to these ideals, even to make a pragmatic commitment to them, but putting them into practice, which can be considered a form of political or moral activism, in the design of technical systems is not straightforward. Experienced designers will recall the not too distant past when interface, usability, and even safety were overlooked features of software system design.

Protecting Privacy in an Information Age: The Problem of Privacy in Public

Philosophical and legal theories of privacy have long recognized the relationship between privacy and information about persons. They have, however, focused on personal, intimate, and sensitive information, assuming that with public information, and information drawn from public spheres, either privacy norms do not apply, or applying privacy norms is so burdensome as to be morally and legally unjustifiable. Against this preponderant view, I argue that information and communications technology, by facilitating surveillance, by vastly enhancing the collection, storage, and analysis of information, by enabling profiling, data mining and aggregation, has significantly altered the meaning of public information. As a result, a satisfactory legal and philosophical understanding of a right to privacy, capable of protecting the important values at stake in protecting privacy, must incorporate, in addition to traditional aspects of privacy, a degree of protection for privacy in public.

Values at play: design tradeoffs in socially-oriented game design

Significant work in the CHI community has focused on designing systems that support human values. Designers and engineers have also become increasingly aware of ways in which the artifacts they create can embody political, social, and ethical values. Despite such an awareness, there has been little work towards producing practical methodologies that systematically incorporate values into the design process. Many designers struggle to find a balance between their own values, those of users and other stakeholders, and those of the surrounding culture. In this paper, we present the RAPUNSEL project as a case study of game design in a values-rich context and describe our efforts toward navigating the complexities this entails. Additionally, we present initial steps toward the development of a systematic methodology for discovery, analysis, and integration of values in technology design in the hope that others may both benefit from and build upon this work.

Defining the Web: the politics of search engines

Although the Web itself might truthfully claim a sovereign disinterested and unbiased attitude toward the people who use it, the authors claim that search engines, the tools that navigate the astronomical number of pages (800 million and counting), favor popular, wealthy, and powerful sites at the expense of others. Some researchers have estimated that, taken individually, none of the Web search engines studied indexes more than 16 percent of the total indexable Web. Combined, the results from all search engines they studied covered only about 42 percent of the Web. But what about those portions of the Web that remain hidden from view? The article looks at how search engine developers, designers, and producers grapple with the technical limits that restrict what their engines can find. The authors also examine influences that may determine systematic inclusion and exclusion of certain sites, and the wide-ranging factors that dictate systematic prominence for some sites while relegating others to systematic invisibility.

Accountability in a computerized society

This essay warns of eroding accountability in computerized societies. It argues that assumptions about computing and features of situations in which computers are produced create barriers to accountability. Drawing on philosophical analyses of moral blame and responsibility, four barriers are identified: 1) the problem of many hands, 2) the problem of bugs, 3) blaming the computer, and 4) software ownership without liability. The paper concludes with ideas on how to reverse this trend.

Hackers and the contested ontology of cyberspace

This article analyzes the transformation in our conception of hacking over the past few decades to the current point where hackers are conceived as miscreants, vandals, criminals, and even terrorists. It argues that this transformation is more a function of contextual shifts than of changes in hacking itself. In particular, the hacker ethic, which eschews centralized, restricted access to computers and information, is inimical to the interests of established corporate and government powers, including particularly intellectual property and order. Central to this article’s argument is that the transformation has been achieved not through direct public debate over conflicting ideals and interests, but through an ontological shift mediated by supportive agents of key societal institutions: legislative bodies, the courts, and the popular media.