Law in the Internet Society

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KeisukeHayashiFirstEssay 3 - 25 Dec 2020 - Main.KeisukeHayashi
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META TOPICPARENT name="FirstEssay"
It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

How to prevent our privacy from being abused in the Internet Society

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-- By KeisukeHayashi - 08 Oct 2020
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-- Revised by KeisukeHayashi - 25 Dec 2020
 
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1 How to protect our privacy

Personal data has become exploited once we give our consent to complicated terms and conditions of big data companies such as Google, Apple, Facebook, and Amazon. They gather, profile, analyze, and use our personal data for their commercial purposes. As a result, our privacy turns out to be used in a manner which is not expected at the time when we agree with the terms and conditions. A merit of such usage is, for example, detecting improper access from places where the person improbably would not access. On the other hand, such personal data is used for presenting excessive target advertisement to individuals, and evaluating individual character. It was only recently that Amazon abandoned the plan for using AI technique for recruiting. In addition, it is maintained that big issues are (1) profiling process is vague, and (2) it might last “existing stereotypes and social segregation” according to the “Guidelines on Automated individual decision-making and Profiling for the purpose of Regulation 2016/679"(the " Guidelines ")" adopted by European Commission on 3 October 2017 ("I Introduction Guidelines").
 
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Our privacy is exploited?

Personal data has become exploited once we give our consent to complicated terms and conditions of big data companies. They gather, profile, analyze, and use our personal data for their commercial purposes. As a result, our privacy turns out to be used in a manner which is not expected at the time when we agree with the terms and conditions. A merit of such usage is, for example, detecting improper access from places which the person improbably would not access from. On the other hand, such personal data is used for presenting excessive target advertisement to the individuals, and evaluating individual character mistakenly. It was only recently that Amazon abandoned the plan for using AI technology for recruiting. In additiojn, it is maintained that big issues are (1) profiling process is vague, and (2) it might last "existing stereotypes and social segregation." according to the "Guidelines on Automated individual decision-making and Profiling for the purpose of Regulation 2016/679"(the " Guidelines ")" adopted by European Commission on 3 October 2017 ("I Introduction Guidelines").
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I am of the view that to protect our privacy from data companies’ invasion and control our privacy on our own discretion, there are two measures i.e., (1) laws and regulations, and (2) improvement of our IT knowledge and technique, which I will explore in the following essay.
 
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I am of the view that finding our way to keep good and profitable relationships with IT technology and IT companies service is essential since people cannot discard IT technology and revert to the days when they did not use computers and Internet for their private and business purpose.
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2 Laws and regulations

To seek possible counter measures for protecting our privacy, General Data Protection Regulation (" GDPR ") is the most leading regulations and useful in relation of personal information regulations.
 
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These two graphs are about your idea, but they're not your idea. It's important to begin a short essay by expressing clearly to the reader the reason to remaining reading. You should say here, from the first sentence, as clearly as possible, what you want the reader to take from the essay.
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GDPR defines “processing of personal data” and regulates processing of personal data (Article 5, 6 GDPR). Processing means any operation or set of operations which is performed on personal data, and profiling falls within the scope of processing (Article 4 (2), (4) GDPR). GDPR analyzes the risk of handling personal data by business operators, and stipulate the definition widely compared to other jurisdiction. For example, at an early stage, it classes cookie identifiers as a type of “online identifier”, meaning that in certain circumstances these will be personal data. As a result handling cookie identifiers will be under the regulation of personal data (Article 4 (1) GDPR) although cookie itself might not be considered as personal data. In addition, profiling is prohibited in principle and permitted on prescribed exceptional conditions (Article 22 GDPR, IV C Guidelines), which is not expressly prescribed under the relevant laws of the United States and my country, Japan.
 
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What can be the countermeasure for invasion of our privacy?

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GDPR leads us from the perspective of personal data and its regulations. We can refer to GDPR regulations to regulate our personal data properly. As cookie identifier has become regulated in Japan, some states of the USA and other jurisdictions. Profiling is still under the argument in Japan, but the government tries to regulate it. We must check the current status of personal data usage and revise laws and regulations as is necessary.
 
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Laws and regulations

To seek possible counter measure for protecting our privacy, General Data Protection Regulation (" GDPR ") is advisable to look into because GDPR is the most leading regulations in relation of personal information regulations. Under the GDPR, in principle, a natural person is able to handle processing of personal data by giving consent to the data controller (Article 6 (1) (a) GDPR). Processing means any operation or set of operations which is performed on personal data, and profiling falls within the scope of processing (Article 4 (2), (4) GDPR). What is more, profiling is prohibited in principal and permitted on prescribed exceptional conditions (Article 22 GDPR, IV C Guidelines), which is not expressly prescribed under the relevant laws of the United States and in my country, Japan.
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3 Improvement of our IT knowledge and technique

(1) Education

To improve our IT knowledge and technique, education is one of the most powerful methods for us to learn fundamental things which are necessary to our lives. We learn how to read, how to write, and how to count on the term of compulsory education at elementary school. Considering computer knowledge and technique is one of the most important things today, it is preferable to learn them at the age when children are young. Unlike the days when I was an elementary school student about twenty years ago, many children learn basic computer technique in elementary school these days. In some schools, they even learn programming skill which is, I believe, the key to protect our right to privacy.
 
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However, requiring consent on process of personal data is not sufficient for our protection of privacy because the scope of content is often not obvious based on complicated terms and conditions of processing personal data, and it might be difficult for average person to understand them correctly. Additionally, we give our consent even though we do not totally agree on terms and conditions simply because we sometimes do not have alternatives other than the services provided by data companies.
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However, to my extent of understanding, current education does not teach computer knowledge and technique from the perspective of enabling people to protect their right to privacy from data companies. Scope of education is decided by competent government and such decision might take some time and might not be sufficient. Thus, it is not enough for each person to rely totally on educational system and they should learn on its own. Creating study groups and having lecture from private teachers are useful. Also, sharing IT knowledge and technique thorough appropriate system and software will one of good ways.
 
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Therefore, laws and regulations might not be adequate to protect our privacy under the current situation.
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(2) Appropriate system and software

Today, people can share their skill and knowledge through the Internet by creating software or system which enable people to learn IT technique freely and easily. People who are aware of danger of using social network service are able to create tools and device which will let other people learn how to use computers and internet services useful without being exploited by commercial companies. This would be easier and faster way for us to share the knowledge with people all over the world. People who can teach their knowledge and technique will be able to hold their lecture and seminar for a fee online. People will be able to get access to such knowledge and technique through their Internet, which will be able to strengthen their protection of right to privacy.
 
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The identification between "regulation" and consent is unestablished, and I think probably just wrong. Environmental regulation is not based on consent: you cannot personally consent to breathe posisonous air or have your children drink dangerous water. Regulation is based instead on the assessment of risks and benefits of the people, by the people, and for the people. That's democratic regulation, surely not less preferable than rules about private consent.

Education

Education is one of the most powerful tools for us to learn fundamental things which are necessary to our lives. We learn how to read, how to write, and how to count on the term of compulsory education at elementary school. Considering computer knowledge and technique is one of the most important things in the recent world, it is preferable to be learned at the age when children are young. Unlike the days when I was an elementary school student about twenty years ago, many children learn basic computer technique in elementary school these days. In some schools, they even learn programming skill which is, I believe, the key to protect our right to privacy.

However, to my extent of understanding, current education does not teach computer knowledge and technique from the perspective of enabling people to protect their right to privacy from data companies. Scope of education is decided by competent government and it takes time for the government to decide. In addition, data companies will oppose to such policy as will make people not use their services and decrease their sale of service, as a result of which reform of education might be delayed.

Thus, although education might be effective way to preserve our right, it might take years and even decades to reach ideal one. As securing our right to privacy is emergent, which is clearly shown by the Great Hack and the Social Dilemma, education might not meet such urgent requirement at present.

Why are children the only people who can be taught? Why should it take decades to teach what you and I can learn?

Sharing IT knowledge and technique through appropriate system and software

Today, people can share their skill and knowledge through the Internet by creating software or system which enable people to learn IT knowledge freely and easily.

People who are aware of danger of using social network service are able to create tools and device which will let other people learn how to use computers and useful internet services without being exploited unduly by commercial companies. This would be easier and faster way for us to share the knowledge with people all over the world.

However, the weakness is that some people might not able to get access to such tools for some reasons. People who have ability and motivation to learn can learn, but people who do not cannot. It might widen the gap between those who have access and those who do not.

And therefore, what should be done by people who want to create the infrastructure of a freer society? It's not as though we're going to give up on the basis of the objections made here.

What is a better method?

I am of the opinion that we must make all people obtain basic IT knowledge and skill at last because the right to privacy is related to individual dignity, which is the base of democracy, and the measures to protect privacy must be given to them. In this regard, compulsory education is finally necessary although there would be obstacles before reaching out to the ideal education as I mentioned above.

Why do we talk about "must make people learn," when we could talk about helping people to want to learn? Is what I am doing here better characterized as making you learn things or creating an environment in which you might want more to learn things?

Considering current situation, sharing IT knowledge and technique through proper learning system and software is better way until when people finally have common understanding that such knowledge and technique should be taught to young children at school. Shared software and system for learning might be a better transient method at the moment.

I think it would make the next draft stronger to say at the outset what you want the reader to learn from you. On reading the current draft, I think your idea is something along the lines of, we need to make everybody learn enough about information technology to make it possible for them to understand the issues about which we need to make public policy.

From a standpoint of writing, the essay would be improved if that were said at the beginning, followed by explanation of how you came to this idea, and what you consider its implications to be. The reader then has your idea, something of its past and future, and your conclusion, which leads out from those, and one might hope would contain a further question, based on your idea, that the reader could follow for herself.

From a substantive standpoint, I do wonder if your idea is right. I come at that by two routes. First, I wonder whether it is credible that the knowledges involved will be uniformly distributed throughout the population. That seems very unlikely to me. That these ideas and forms of reasoning can be approximated as parts of other things that people learn, in the social curriculum in the broadest sense, seems to me more likely. Talking about that means being more specific about what concepts and knowledges one would want people to have. When we are clear about what we are teaching it is easier to understand how.

My other route of questioning, as I showed above, is that I'm doubtful of the "making people learn" approach to learning. I think people learn best in freedom, that is, when they are self-consciously in charge of their learning, and are experimenting with the world in whatever way they are, under their own direction and for their own purposes. There is training for social value, such as the safety demonstration at the start of an airplane flight. Depending on occupations and social roles, this sort of training may be a larger or smaller portion of the individual's overall learning, and it's not the proportion of learning I know about, as a teacher, or even as a trainer of lawyers.

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4 Seeking our better method

As mentioned above, laws and regulations, and improvement of our IT knowledge and technique are good way to protect our privacy. We must keep analyzing what the risk of personal data is and revise laws and regulations as necessary. We also have to improve our methods of education and sharing of IT knowledge and skills so that we are able to protect our right to privacy properly.
 
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.

KeisukeHayashiFirstEssay 2 - 03 Nov 2020 - Main.EbenMoglen
Line: 1 to 1
 
META TOPICPARENT name="FirstEssay"

It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

Line: 13 to 13
 I am of the view that finding our way to keep good and profitable relationships with IT technology and IT companies service is essential since people cannot discard IT technology and revert to the days when they did not use computers and Internet for their private and business purpose.
Added:
>
>
These two graphs are about your idea, but they're not your idea. It's important to begin a short essay by expressing clearly to the reader the reason to remaining reading. You should say here, from the first sentence, as clearly as possible, what you want the reader to take from the essay.

 

What can be the countermeasure for invasion of our privacy?

Laws and regulations

Line: 22 to 26
 Therefore, laws and regulations might not be adequate to protect our privacy under the current situation.
Added:
>
>
The identification between "regulation" and consent is unestablished, and I think probably just wrong. Environmental regulation is not based on consent: you cannot personally consent to breathe posisonous air or have your children drink dangerous water. Regulation is based instead on the assessment of risks and benefits of the people, by the people, and for the people. That's democratic regulation, surely not less preferable than rules about private consent.

 

Education

Education is one of the most powerful tools for us to learn fundamental things which are necessary to our lives. We learn how to read, how to write, and how to count on the term of compulsory education at elementary school. Considering computer knowledge and technique is one of the most important things in the recent world, it is preferable to be learned at the age when children are young. Unlike the days when I was an elementary school student about twenty years ago, many children learn basic computer technique in elementary school these days. In some schools, they even learn programming skill which is, I believe, the key to protect our right to privacy.
Line: 29 to 37
 Thus, although education might be effective way to preserve our right, it might take years and even decades to reach ideal one. As securing our right to privacy is emergent, which is clearly shown by the Great Hack and the Social Dilemma, education might not meet such urgent requirement at present.
Added:
>
>
Why are children the only people who can be taught? Why should it take decades to teach what you and I can learn?

 

Sharing IT knowledge and technique through appropriate system and software

Today, people can share their skill and knowledge through the Internet by creating software or system which enable people to learn IT knowledge freely and easily.
Line: 36 to 49
 However, the weakness is that some people might not able to get access to such tools for some reasons. People who have ability and motivation to learn can learn, but people who do not cannot. It might widen the gap between those who have access and those who do not.
Added:
>
>
And therefore, what should be done by people who want to create the infrastructure of a freer society? It's not as though we're going to give up on the basis of the objections made here.

 

What is a better method?

I am of the opinion that we must make all people obtain basic IT knowledge and skill at last because the right to privacy is related to individual dignity, which is the base of democracy, and the measures to protect privacy must be given to them. In this regard, compulsory education is finally necessary although there would be obstacles before reaching out to the ideal education as I mentioned above.
Added:
>
>
Why do we talk about "must make people learn," when we could talk about helping people to want to learn? Is what I am doing here better characterized as making you learn things or creating an environment in which you might want more to learn things?

 Considering current situation, sharing IT knowledge and technique through proper learning system and software is better way until when people finally have common understanding that such knowledge and technique should be taught to young children at school. Shared software and system for learning might be a better transient method at the moment.
Added:
>
>
I think it would make the next draft stronger to say at the outset what you want the reader to learn from you. On reading the current draft, I think your idea is something along the lines of, we need to make everybody learn enough about information technology to make it possible for them to understand the issues about which we need to make public policy.

From a standpoint of writing, the essay would be improved if that were said at the beginning, followed by explanation of how you came to this idea, and what you consider its implications to be. The reader then has your idea, something of its past and future, and your conclusion, which leads out from those, and one might hope would contain a further question, based on your idea, that the reader could follow for herself.

From a substantive standpoint, I do wonder if your idea is right. I come at that by two routes. First, I wonder whether it is credible that the knowledges involved will be uniformly distributed throughout the population. That seems very unlikely to me. That these ideas and forms of reasoning can be approximated as parts of other things that people learn, in the social curriculum in the broadest sense, seems to me more likely. Talking about that means being more specific about what concepts and knowledges one would want people to have. When we are clear about what we are teaching it is easier to understand how.

My other route of questioning, as I showed above, is that I'm doubtful of the "making people learn" approach to learning. I think people learn best in freedom, that is, when they are self-consciously in charge of their learning, and are experimenting with the world in whatever way they are, under their own direction and for their own purposes. There is training for social value, such as the safety demonstration at the start of an airplane flight. Depending on occupations and social roles, this sort of training may be a larger or smaller portion of the individual's overall learning, and it's not the proportion of learning I know about, as a teacher, or even as a trainer of lawyers.

 
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

KeisukeHayashiFirstEssay 1 - 08 Oct 2020 - Main.KeisukeHayashi
Line: 1 to 1
Added:
>
>
META TOPICPARENT name="FirstEssay"
It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

How to prevent our privacy from being abused in the Internet Society

-- By KeisukeHayashi - 08 Oct 2020

Our privacy is exploited?

Personal data has become exploited once we give our consent to complicated terms and conditions of big data companies. They gather, profile, analyze, and use our personal data for their commercial purposes. As a result, our privacy turns out to be used in a manner which is not expected at the time when we agree with the terms and conditions. A merit of such usage is, for example, detecting improper access from places which the person improbably would not access from. On the other hand, such personal data is used for presenting excessive target advertisement to the individuals, and evaluating individual character mistakenly. It was only recently that Amazon abandoned the plan for using AI technology for recruiting. In additiojn, it is maintained that big issues are (1) profiling process is vague, and (2) it might last "existing stereotypes and social segregation." according to the "Guidelines on Automated individual decision-making and Profiling for the purpose of Regulation 2016/679"(the " Guidelines ")" adopted by European Commission on 3 October 2017 ("I Introduction Guidelines").

I am of the view that finding our way to keep good and profitable relationships with IT technology and IT companies service is essential since people cannot discard IT technology and revert to the days when they did not use computers and Internet for their private and business purpose.

What can be the countermeasure for invasion of our privacy?

Laws and regulations

To seek possible counter measure for protecting our privacy, General Data Protection Regulation (" GDPR ") is advisable to look into because GDPR is the most leading regulations in relation of personal information regulations. Under the GDPR, in principle, a natural person is able to handle processing of personal data by giving consent to the data controller (Article 6 (1) (a) GDPR). Processing means any operation or set of operations which is performed on personal data, and profiling falls within the scope of processing (Article 4 (2), (4) GDPR). What is more, profiling is prohibited in principal and permitted on prescribed exceptional conditions (Article 22 GDPR, IV C Guidelines), which is not expressly prescribed under the relevant laws of the United States and in my country, Japan.

However, requiring consent on process of personal data is not sufficient for our protection of privacy because the scope of content is often not obvious based on complicated terms and conditions of processing personal data, and it might be difficult for average person to understand them correctly. Additionally, we give our consent even though we do not totally agree on terms and conditions simply because we sometimes do not have alternatives other than the services provided by data companies.

Therefore, laws and regulations might not be adequate to protect our privacy under the current situation.

Education

Education is one of the most powerful tools for us to learn fundamental things which are necessary to our lives. We learn how to read, how to write, and how to count on the term of compulsory education at elementary school. Considering computer knowledge and technique is one of the most important things in the recent world, it is preferable to be learned at the age when children are young. Unlike the days when I was an elementary school student about twenty years ago, many children learn basic computer technique in elementary school these days. In some schools, they even learn programming skill which is, I believe, the key to protect our right to privacy.

However, to my extent of understanding, current education does not teach computer knowledge and technique from the perspective of enabling people to protect their right to privacy from data companies. Scope of education is decided by competent government and it takes time for the government to decide. In addition, data companies will oppose to such policy as will make people not use their services and decrease their sale of service, as a result of which reform of education might be delayed.

Thus, although education might be effective way to preserve our right, it might take years and even decades to reach ideal one. As securing our right to privacy is emergent, which is clearly shown by the Great Hack and the Social Dilemma, education might not meet such urgent requirement at present.

Sharing IT knowledge and technique through appropriate system and software

Today, people can share their skill and knowledge through the Internet by creating software or system which enable people to learn IT knowledge freely and easily.

People who are aware of danger of using social network service are able to create tools and device which will let other people learn how to use computers and useful internet services without being exploited unduly by commercial companies. This would be easier and faster way for us to share the knowledge with people all over the world.

However, the weakness is that some people might not able to get access to such tools for some reasons. People who have ability and motivation to learn can learn, but people who do not cannot. It might widen the gap between those who have access and those who do not.

What is a better method?

I am of the opinion that we must make all people obtain basic IT knowledge and skill at last because the right to privacy is related to individual dignity, which is the base of democracy, and the measures to protect privacy must be given to them. In this regard, compulsory education is finally necessary although there would be obstacles before reaching out to the ideal education as I mentioned above.

Considering current situation, sharing IT knowledge and technique through proper learning system and software is better way until when people finally have common understanding that such knowledge and technique should be taught to young children at school. Shared software and system for learning might be a better transient method at the moment.


You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

Note: TWiki has strict formatting rules for preference declarations. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of these lines. If you wish to give access to any other users simply add them to the comma separated ALLOWTOPICVIEW list.


Revision 3r3 - 25 Dec 2020 - 02:47:47 - KeisukeHayashi
Revision 2r2 - 03 Nov 2020 - 21:18:03 - EbenMoglen
Revision 1r1 - 08 Oct 2020 - 04:49:19 - KeisukeHayashi
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