Damien McCallig has published "Private But Eventually Public: Why Copyright in Unpublished Works Matters in the Digital Age" in the latest issue of SCRIPTed.

Here's an excerpt:

Digital life is no longer only concerned with online communication between living individuals; it now encompasses post-death phenomena of inheritance, legacy, mourning and further uses of our digital remains. Scholars and practitioners seeking an appropriate legal theory to claim, control and recover the digital remains of the dead and protect post-mortem privacy interests have identified copyright as a possible surrogate.

This article explores the links between copyright and privacy in unpublished works. It charts the historical development of perpetual copyright protection in unpublished works, reviews the reasons why perpetual protection for unpublished works has been abolished and analyses some of the privacy impacts of these changes. It argues that without perpetual copyright protection and the surrogate privacy protections in unpublished works, the fear that one's digital remains will eventually be opened to societal scrutiny may lead to the fettering of personal and private communication, while alive, and may promote the deletion of one's digital remains in contemplation of death.

Digital Scholarship | Digital Scholarship Publications Overview | Sitemap

The European Network and Information Security Agency has released The Right to Be Forgotten—Between Expectations and Practice.

Here's an excerpt:

The right to be forgotten is included in the proposed regulation on data protection published by the European Commission in January 20121. The regulation is still to be adopted by the European Parliament for entering into force. The different legal aspects of the right to be forgotten (i.e. right to erasure or right to oblivion) have been debated in different contexts and are beyond the scope of this paper. With this paper we aim to cover other facets of the right to be forgotten. We focus on the technical means to enforce or support the right in information systems; as can be seen from this paper, there are technical limitations and there is a further need for clear definitions and legal clarifications.

| Digital Scholarship's 2012 Publications | Digital Scholarship |

The EFF has released "Who's Tracking Your Reading Habits? An E-Book Buyer's Guide to Privacy, 2012 Edition."

Here's an excerpt:

As we've done since 2009, again we've taken some of the most popular e-book platforms and combed through their privacy policies for answers to common privacy questions that users deserve to know. In many cases, these answers were frustratingly vague and long-winded. In nearly all cases, reading e-books means giving up more privacy than browsing through a physical bookstore or library, or reading a paper book in your own home. Here, we've examined the policies of Google Books, Amazon Kindle, Barnes & Noble Nook, Kobo, Sony, Overdrive, Indiebound, Internet Archive, and Adobe Content Server for answers to the following questions:

• Can they keep track of searches for books?
• Can they monitor what you're reading and how you're reading it after purchase and link that information back to you? Can they do that when the e-book is obtained elsewhere?
• What compatibility does the device have with books not purchased from an associated eBook store?
• Do they keep a record of book purchases? Can they track book purchases or acquisitions made from other sources?
• With whom can they share the information collected in non-aggregated form?
• Do they have mechanisms for customers to access, correct, or delete the information?
• Can they share information outside the company without the customer's consent?

| Digital Scholarship's Digital/Print Books | Digital Scholarship |

The Berkeley Center for Law and Technology has released "The Web Privacy Census," June 2012.

Here's an excerpt:

In this report, we discuss the results of a crawl conducted on 5/17/12. We found cookies on all popular websites (by "popular websites," we mean the top 100 most popular according to Quantcast). We conduct two different crawls—a shallow one where our test browser just visits the homepage of a site, and a deep crawl where our browser visits six links on a site. Our shallow crawl of the 25,000 most popular sites revealed that 87% have cookies (24% first, 76% third), 9% had HTML5 storage objects, and less than .0001% had flash cookies. Twenty-five percent of cookies include names such as "UID" and "GUID", suggesting that they are used for uniquely identifying users. Overall, we found that flash cookie usage is dropping and HTML5 storage use is rising and at least one tracker is using HTML5 local storage to hold unique identifiers from third party cookies.

| Scholarly Electronic Publishing Weblog | Digital Scholarship |

The American Library Association has issued an action alert regarding the Cybersecurity Information Sharing and Protection Act of 2011.

Here's an excerpt:

Please call and ask your U.S. Representative to OPPOSE H.R. 3523, The Cybersecurity Information Sharing and Protection Act of 2011 or CISPA, one of several bills to be considered in the U.S. House of Representatives during "Cybersecurity Week" starting April 23, 2012.

ALA is concerned that essentially all private electronic communications could be obtained by the government and used for many purposes—and not just for cybersecurity activities. H.R. 3523 would permit, even require ISPs and other entities to monitor all electronic communications and share personal information with the government without effective oversight just by claiming the sharing is for "cybersecurity purposes"

| Digital Scholarship |

Jasmine E. McNealy has self-archived "The Privacy Implications of Digital Preservation: Social Media Archives and the Social Networks Theory of Privacy" in SSRN.

Here's an excerpt:

This paper seeks to analyze whether SNS [Social Networking Sites] users can claim a right to privacy with respect to their online communications. To do so, this paper will examine the privacy implications of the LOC Twitter archive in light of Strahilevitz's social network theory of privacy. First, this article briefly discusses the LOC Twitter archive. Next, this article explores the online networking phenomenon and the privacy implications associated with social media. Third, this article examines privacy, in particular Strahilevitz's social networks theory of privacy. Part four analyzes whether a challenge to the LOC Twitter archive based on a theory of invasion of privacy by public disclosure of private facts or intrusion would succeed under the social network theory of privacy. This article concludes with considerations for digital archives in relation to protecting personal privacy.

| Digital Curation and Preservation Bibliography | Digital Scholarship |

The Electronic Frontier Foundation has issued a "Mobile User Privacy Bill of Rights".

Here's an excerpt:

Mobile smartphone apps represent a powerful technology that will only become more important in the years to come. But the unique advantages of the smartphone as a platform—a device that's always on and connected, with access to real world information like user location or camera and microphone input—also raise privacy challenges. . . .

Fortunately, frameworks exist for understanding the privacy rights and expectations of the users. The following guide of best practices pulls from documents like EFF's Bill of Privacy Rights for Social Network Users and the recently released White House white paper "Consumer Data Privacy in a Networked World" to set a baseline for what mobile industry players must do to respect user privacy.

| Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship |

EDUCAUSE has released Data Privacy Legislation: An Analysis of the Current Legislative Landscape and the Implications for Higher Education .

Here's an excerpt:

With the ubiquity of mobile devices and the increases in data breaches, Congress has responded with bipartisan support for comprehensive privacy legislation. As of August 2011, 18 bills have been introduced in the 112th Congress concerning data privacy. . . .

These privacy bills generally fall into three distinct areas: comprehensive online privacy protection, geolocation and mobile devices, and data security and breach notification. If enacted, many of the bills have implications for data collection, storage, and use that could affect higher education and campus IT operations and academic research.

| Digital Scholarship |

The Association of Research Libraries has sent a letter to the Federal Trade Commission regarding Google Books privacy issues.

Here's an excerpt:

This consent order presents a unique opportunity to shape best practices in reader privacy for a major online service provider. The marketplaces for e-books and for book search are both in formative stages, and the standards adopted by Google can be highly influential for other market participants. We urge the Commission to confirm that reader privacy deserves the same respect in the online world that it has long demanded in the physical world by insisting on strong protections for reader privacy in the comprehensive privacy program.

Read more about it at "In Comments to FTC, ARL Suggests Privacy Oversight for Google Books."

| Digital Scholarship | Digital Scholarship Publications Overview | Google Books Bibliography |

Senator Leland Yee (D-San Francisco) has introduced the Reader Privacy Act of 2011 in the California State Senate.

Here's an excerpt from the press release:

Today, California Senator Leland Yee (D-San Francisco) announced the Reader Privacy Act of 2011 – legislation that would require government agencies to seek a warrant or court order in order to access consumers' reading records from bookstores and online retailers.  SB 602 would establish consumer protections for book purchases similar to long-established privacy laws for library records.

"Current law is completely inadequate when it comes to protecting one's privacy for book purchases, especially considering the increasing popularity of online shopping and electronic books," said Yee. "Individuals should be free to buy books without fear of government intrusion and witch hunts. If law enforcement has reason to suspect wrongdoing, they can obtain a warrant for such information."

Many bookstores already collect information about readers and their purchases.  Digital book services can collect even more detailed information including which books are browsed, how long each page is viewed, and even digital notes made in the margins.

Historically, sensitive reader information has come under fire. During the McCarthy hearings of the 1950s, Americans were questioned about whether they had read Marx or Lenin. In the years following September 11, 2001, the FBI sought patron information from more than 200 libraries.

Just this past year, Amazon was asked by the North Carolina Department of Revenue to turn over 50 million purchase records including books, videos, and other expressive material. 

SB 602 will update California state law to ensure that government and third parties cannot access Californians' reading records without proper justification. . . .

SB 602 will receive its first hearing in Senate Judiciary Committee in April.

| Digital Scholarship | Digital Scholarship Publications Overview | Scholarly Electronic Publishing Bibliography 2010 |

The EDUCAUSE Learning Initiative has released Privacy Considerations in Cloud-Based Teaching and Learning Environments.

Here's an excerpt:

In this white paper, we outline the privacy issues relevant to using cloud-based instructional tools or cloud-based teaching and learning environments for faculty members and those supporting instruction. Our discussion of how teaching and learning in an increasingly technological environment has transformed the way we interact and interpret FERPA will help inform various choices that institutions can consider to best address the law, including policy and best-practice examples. We highlight practical suggestions for how faculty members can continue to use innovative instructional strategies and engage students while considering privacy issues. Finally, this paper discusses ways to further explore and address privacy locally and includes a comprehensive resource list for further reading.

| Digital Scholarship |

The EFF has released the "2010: E-Book Buyer's Guide to E-Book Privacy."

Here's an excerpt:

The guide is simply a review of privacy policies, to the extent we've been able to find them, plus additional information we received directly from Adobe and the Internet Archive. We haven't been able to do independent testing to verify how these e-book providers work in practice. Also, in discussing whether individuals are linked to their reading we have only addressed direct ways (i.e. Amazon or Google directly keeps that information in your account information) as opposed to indirect ways that require action from third parties like the ability to use your IP address gathered by logs to subpoena your ISP for your name).

| Digital Scholarship |