Privacy and Freedom in the Internet Age - Essay Example

? Not only have there been occasions when hackers have tapped into confidential data but the privacy of e-mail communications has also been compromised in recent years.

This action generated criticism all over the world but clearly established the criterion that it is not acceptable for a socially responsible provider of Internet services to fail to demonstrate due respect for the privacy and confidentiality of user information.

In the case of Yahoo, for example, the Company was faced with the choice to reveal the information from Shi Tao’s account or cease doing business in China altogether, for failure to comply with that country’s legal requirements (Mackinnon, 2008, p 51). Yahoo justified its actions by contending that Shi Tao, by way of a terms-of-service agreement had promised not to engage in activity that could be termed subversive and agreed to the disclosure of his account information if required by law. The question of whether or not Shi Tao’s activities could be termed subversive is debatable, but it does highlight the conflict between ensuring user privacy as opposed to establishing limits to the content and access of information that is transmitted over the Net.

            As pointed out by Mackinnon, the business success of IT companies is determined by the extent of user trust. (Mackinnon, 2008:55). But user privacy may be under threat in countries such as China where legal and governmental pressures may rise in contradiction to the universal rights to privacy and freedom of expression. Unless industry-wide standards are established and Internet Service Providers recognize that they have a social responsibility to ensure privacy and freedom of expression of its users, the threats to the privacy of information transmitted over the Net will continue to exist.

            The Global Online Freedom Act passed in February 2008, provides four options for ISPs to deal with user information. Firstly, ISP’s can choose to comply with a Government’s requests for information only in those cases where truly criminal elements may be involved (b) refrain from permitting confidential information to be routed into PRC jurisdictions (c) retain minimal amounts of personal data about consumers for minimum periods of time and (d) provide information to users in PRC territories about where their data is being stored. (Mackinnon, 2008:53). While these may represent a step forward, they also have some unpleasant connotations, such as categorizing countries into good and bad ones, whereas some governmental pressure may exist in all nations.

The activity of hackers also poses a threat to the confidentiality of information transmitted over the Internet, especially confidential financial information. Computer experts could hack into a power grid by gaining access to the power systems and shut down entire systems very simply (Greene, in Messmer, 2008), thereby providing more potential for terrorist activities that could cripple a nation in many ways.

            Yet another conflict that arises is the difficulty in achieving a balance between the protection of user privacy and content, while at the same time making information universally available on the Net (Gautschi, 2008:12). The implementation of too-rigid standards of access would result in most consumers missing out on a range of online content, especially creative content, and general information. Lessig (2003) proposes the formulation of a Creative Commons, whereby the creators of creative content can voluntarily provide access to their material based on their own specifications, for example through the imposition of regulating controls on Adobe Reader ebook formats, so that others are allowed selective access based on the copyright holder’s specifications.

            The European Commission has sought to improve and widen access for consumers to online creative content such as music, games, and movies, by spelling out the desirable objectives to be achieved in a report titled “Communication on creative content Online in the single market”. These objectives are (a) the widespread availability of online content and the creation of a single EU market for online content through “multi-territory licensing, interoperability and transparency of digital rights management, and legal offers and privacy.”(Gautschi, 2008:12). The Report highlights the potential inherent in a unified online market for creative content and the need for cooperation between service providers, creators of creative content, and consumers.

            In safeguarding confidential information on the Internet and ensuring that access to information is only provided to authorized users, the “end to end trust” system has been developed by Microsoft, which purports to validate identity claims in the provision of access to information.           This system operates through the use of a trusted stack of devices, a trusted operating system, people, applications, and data, together with an audit trail that can effectively track the source from which access is being sought. (Messmer, 2008:16). It may thus be noted that while there are several measures being mooted to protect the privacy and security of confidential information being transmitted over the Net, addressing the balance between providing access to consumers to online content and regulating the privacy of the users is not an easy task for which easy solutions exist.