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Internet surveillance

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sarah73 Posted: Sun, Jul 29 2012 1:34 AM

I don't know if this is the right forum, but I have a question about internet surveillance in a libertarian society. Obviously privacy is an entitlement and not a right, so as long as people respect each other's property there is nothing wrong with open flow of information. So say a company wants private information on an internet service provider's clients. The company secretly pays the ISP a lot of money to gain access to the data. Is it okay if the ISP gives the data to the company without informing the client? If the ISP signed a contract with the client to not share private data, is the ISP obligated to inform the client when this occurs, and what penalties are placed on the ISP if it doesn't inform the client?

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eliotn replied on Sun, Jul 29 2012 2:12 AM

"I don't know if this is the right forum, but I have a question about internet surveillance in a libertarian society."

Good place to ask this question. Welcome to the forums.

"Obviously privacy is an entitlement and not a right, so as long as people respect each other's property there is nothing wrong with open flow of information."

It really depends on the context of the privacy and how you define it.  For example, someone peeking into somebody's room as they are could be considered an invasion of privacy.

"So say a company wants private information on an internet service provider's clients. The company secretly pays the ISP a lot of money to gain access to the data. Is it okay if the ISP gives the data to the company without informing the client? If the ISP signed a contract with the client to not share private data, is the ISP obligated to inform the client when this occurs, and what penalties are placed on the ISP if it doesn't inform the client?"

It all depends on the prior contract.  Did the ISP sign a non-disclosure agreement with the client? Did the client give consent to allow the sent information to be distributed?  Did the contract specify asking/notifying the client for a disclosure to a third -party?

The issue of penalties would be another matter entirely, and subject to negotiation between the clients, possibly in a class action suit, and the ISP in a liberterian society.  Certainly the ISP would lose customers, as it would gain a reputation for untrustworthiness.

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sarah73 replied on Sun, Jul 29 2012 2:29 AM

I appreciate the response. I was going more for the first possibility, a client who signs a non disclosure agreement with the ISP. I understand that libertarians tend to support a "compensatory" (I don't think that's the right word, so forgive me) legal system where, say, someone who steals $100 must pay back $100 to the victim plus damages. I wonder how damages in the case of a privacy violation would be attributed. How does the court figure out the value of a contract violation?

Also, in the case you mentioned where a perv peeks into someone else's room, how do you determine the penalty to the perv for the privacy violation? I'm not sure how to determine monetary damages or other punishment in cases like this.

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If someone looks into your room, just shoo them away.

Its too costly to go to court for a small little thing. However if it becomes persistent enough to where you feel the need to spend money and sue the guy then sure.

You as the person decide how you want to settle the issue. There is no set law.

“Since people are concerned that ‘X’ will not be provided, ‘X’ will naturally be provided by those who are concerned by its absence."
"The sweetest of minds can harbor the harshest of men.”

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