Law in the Internet Society

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AyeletBentleyFirstEssay 6 - 21 Jan 2020 - Main.AyeletBentley
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Mother is Always Watching: Psychological, Sociological, and Privacy Concerns of Surveillance Helicoptering

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Child monitoring devices should concern all parents. An often-extreme form of helicoptering, it stunts child development leading to anxiety, decreased autonomy, and possibly other adverse outcomes yet unstudied. Spying harms family communication and trust. Beyond the family, it leaves children open to observation by strangers, companies, and governments. Yet parents still use them. Can law do anything?
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Child monitoring devices should concern all parents. An often-extreme form of helicoptering, it stunts child development leading to anxiety, decreased autonomy, and potentially other adverse outcomes. Spying harms family communication and trust and leaves children open to observation by strangers. Yet parents still use them. Can law do anything? Probably little can be done through law for the interpersonal, psychological, and sociological issues of spying within a family. Children are entitled to limited privacy under the United Nations Convention on the Rights of the Child, which the U.S. hasn’t ratified it. Regardless, UNCRC grants only an iota of privacy that doesn’t cover parental snooping. The passage of a law abridging the parent’s “right” to invade their children’s privacy is nearly unimaginable.
 
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Beyond banning spy devices for personal use, probably little can be done through law for the interpersonal, psychological, and sociological issues of spying within a family. Children are entitled to a certain level of privacy under the United Nations Convention on the Rights of the Child, but the U.S. hasn’t ratified it. Even if they had it grants only a small amount of privacy that doesn’t cover parent snooping. It is hard to imagine the passage of a law abridging the parent’s “right” to invade their children’s privacy.
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In terms of peeping Toms or companies/governments, the law can punish peeping on baby monitors and the like as well as further outlawing the use of children’s data from phone tracking, baby monitors, etc. For some spy devices, regulation of IoT devices would help. The government could regulate those with cameras more than other IoT? devices like refrigerators. The ability to sue companies for leaking might help as well. However, the biggest change will likely have to come from parents deciding not to use the devices for one or all the concerns discussed above. Groups can try to educate families on the dangers.
 
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In terms of peeping Toms or peeping companies/governments, the law can punish peeping on baby monitors and the like as well as further outlawing the use of children’s data from phone tracking, baby monitors, etc. For some spy devices, regulation of IoT devices would help. The ability to sue companies for leaking might help as well.

A great improvement resulted from the choice among themes, as I had hoped.

It doesn't seem likely that legislation will prohibit the making of particular devices, nor that a cluster of net-connected sensors called a "baby monitor" will in the end be separable from all the other forms of sensor that the Internet of Shit/Things will contain. Does one prohibit refrigerators as spy devices? Or try to prevent Internet-connected refrigerators? (In this and other categories of home appliances, it is getting much more difficult to acquire non-Internet versions.

So perhaps it would be possible to strengthen the next draft by proposing measures, collective or individual, that are possible.

 
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.

Revision 6r6 - 21 Jan 2020 - 18:31:41 - AyeletBentley
Revision 5r5 - 10 Jan 2020 - 11:37:09 - EbenMoglen
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