Scholars and policy makers often refer to the “information society”. And yet, it is more accurate to speak of societies, each different, some of which may qualify as information ones at different levels of maturity. Through exploration of the concepts of expectations, education and innovation, this paper explores what it means for an information society to be more or less mature than others, and the impact of this on the ongoing digital revolution.

– The purpose of this paper is to present a brief history of the information society and a research framework addressing the challenges of ensuring that information and communication technologies are applied in ways that are enabling and responsive to the varied contexts in which people live their lives., – Examination of why insights arising from research that is critical of the mainstream vision of the information society are rarely influential in debates on ICT policies, (...) of the outstanding research questions around the promotion of investment in ICTs in support of sustainable development goals, and of the components of an alternative research framework that could be pursued by those concerned with social and technological innovation., – The analysis of policy discussion in this area indicates that there may now be an opportunity to re‐enter some of these debates, particularly those in which it is clear that there are many important issues that are reappearing on the ICT policy agenda. Some of the most difficult issues are highlighted including the need to give greater attention to measures supporting more differentiated information or knowledge societies., – The paper demonstrates that there are signs of learning and an awareness of unequal power relationships among stakeholders in ICT policy debates that may contribute to a shift in priorities towards a more context sensitive research framework that would be of value to those who are preoccupied by efforts to improve the material conditions of people's lives. (shrink)

The scientific and technological progress permeates inexorably into all spheres of society, regardless of their wishes. Information technologies transform the daily life of every person to such an extent that the society itself is commonly called an information society. It is impossible to study the processes of information society without a fundamental understanding of the concept itself. This creates a basis for analyzing the mechanisms of dynamics of transformation processes evolving with the developing (...) society. The only way to proceed successfully is to use a comprehensive systematic approach, based on the synthesis of theories, principles, techniques of research that will be able to provide both an increase in socio-philosophical knowledge, and the utilitarian efficiency of practical construction and management of transformation processes.This creates the goal of the article – to formulate our own description of the information society, including the definition and the list of its key characteristics. The goal is the basis for the article’s task: to prepare a theoretical basis for further, more in-depth research into the prospects of information society development. (shrink)

This thesis studies the enabling properties of ICT and their effects and potential for social change, and prepares the ground for a sustainability-oriented ethico-political assessment of this technology. It primarily builds on interdisciplinary scholarship to describe and explain the multifaceted co-evolution between the global deployment of ICTs and the emergence of the Information Society, understood as a socioeconomic restructuring of capitalism. Beyond the role of ICTs in this regime transition, the thesis delivers other philosophical insights about crucial aspects (...) of ICT development, applications and management. These include arguments about how we should conceptualize ICTs on the basis of their different roles in extending human communication and in performing or facilitating the remote control of humans and animals, machines and systems operations; about the entanglement between telecommunications, transport networks, urban development and work and organization; and about the relations between ICTs, culture and human values. Examples are offered to illustrate the potential that these empirical and philosophical lessons may hold for the construction of a framework for the ethico-political assessment of ICTs. (shrink)

Mainly on the basis of the eEurope+surveys the variety of Information Society developments paths in Central European countries is analysed, focusing on ICT infrastructure, Internet usage, e-commerce and digital divides. Despite the big progress made by the Central European countries since transition began, most of these countries lag behind the EU-15 average on most Information Society indicators. The variety within Central Europe is enormous, with Slovenia and Estonia close to main-stream Europe and, on the other hand, (...) Bulgaria, Romania and Hungary lagging far behind. In most surveyed countries fixed telephone line penetration is stagnating or declining on a rather low level, putting a break on IS development. This makes alternative access devices to Internet, such as cable TV modem, even more important. (shrink)

Modern cities have recently evolved as centres for material and intangible exchanges and this obliges us to rethink the urban scene. The passing from the industrial era to the new age of information has rendered obsolete the models envisaged by Max Weber, Georg Simmel and Walter Benjamin. Basing her argument on the typology put forward by Saskia Sassen, Barbara Freitag sketches out the different profiles of contemporary cities. Urban centres are now defined by the level, scale and intensity of (...) the exchanges to which they give rise. On the first level is the global city, nerve centre of the globalized economy (Tokyo, New York, London...) and capable of challenging the power of the state. On the second level are the megalopoles (Mexico, São Paulo...), which are only prevented from joining the ranks of the global cities because much of their population is excluded from the global economy. Next come the metropoles, cities like Paris (‘19th-century capital’), which have retained a way of life global centres can no longer provide. However, most of the world’s population is concentrated in the peripheral boroughs of the information society’s global economy. It is for the sake of this population that attention must be paid to the transformations endured by 21st-century cities. (shrink)

The article introduces the special issue dedicated to “The Philosophy of Information, Its Nature, and Future Developments.” It outlines the origins of the information society and then briefly discusses the definition of the philosophy of information, the possibility of reconciling nature and technology, the informational turn as a fourth revolution (after Copernicus, Darwin, and Freud), and the metaphysics of the infosphere.

The phenomenon of distributed knowledge is well-known in epistemic logic. In this paper, a similar phenomenon in ethics, somewhat neglected so far, is investigated, namely distributed morality. The article explains the nature of distributed morality, as a feature of moral agency, and explores the implications of its occurrence in advanced information societies. In the course of the analysis, the concept of infraethics is introduced, in order to refer to the ensemble of moral enablers, which, although morally neutral per se, (...) can significantly facilitate or hinder both positive and negative moral behaviours. (shrink)

The special issue collects a selection of papers presented during the Computer Ethics: Philosophical Enquiries 2013 conference. This is a series of conferences organized by the International Association for Ethics and Information Technology , a professional organization formed in 2001 and which gathers experts in information and computer ethics prompting interdisciplinary research and discussions on ethical problems related to design and deployment of information and communication technologies . During the past two decades, CEPE conferences have been a (...) focal point for the research concerning crucial topics , such as privacy , online trust , online identity , value-sensitive design , cyber-warfare , along with education and professional ethics (Buchanan .. (shrink)

Theodor W. Adorno asked in 1968: What is the fundamental question of the present structure of society? Do we live in late capitalism or an industrial society? In today’s society, we can reformulate this question: What is the fundamental question of the present structure of society? Do we live in capitalism or an information society? This article deals with these questions. A typology of information society theories is presented. Radical discontinuous information (...) society theories, sceptical views and continuous information society theories are distinguished. Second, an alternative concept that is grounded in Hegelian philosophy and Marxist political economy is presented. The basic argument is that the emergence of transnational informational capitalism is a transformational sublation, but not a radical one, and that informational capitalism is just one of the forms of capitalism that co-exist today. There is a unity of diversity of capitalism(s). (shrink)

The previous chapters have provided a detailed overview of the variety of ethical challenges posed by the development of ICTs. By way of conclusion, in this epilogue I would like to invite the reader to look into the possible future of Information and Computer Ethics. More specifically, I shall try to forecast how the convergence of two fundamental trends of our times, globalization and the development of the information society, may interact with the ethical problems analysed in (...) this book. The exercise will not be based on some untenable technological determinism. Humanity is, and will remain, firmly in charge of its destiny and hence be responsible for it. Rather, it will mean adopting the farmer's view that, with enough intelligence, toil and a bit of luck, one might be able to tell today what one will probably reap tomorrow. Before trying to ‘look into the seeds of time, and say which grain will grow and which will not’ (Shakespeare, Macbeth, Act I, Scene III, 59–62), two clarifications might be in order. First, the future of globalization is a phenomenon too complex even to sketch in this brief epilogue. For a synthetic, well-balanced and informed overview, the reader may wish to consult Held and McGrew (2001) and consider that this chapter is written from what Held et al. (1999)) have defined as a ‘transformationalist perspective’, according to which ‘globalization does not simply denote a shift in the extensity or scale of social relations and activity. (shrink)

Genesis of the scientific ideas and views on intellectual capital is characterized by various approaches highlighting the role of knowledge, skill and professional employees as a form of productive capital. This tendency is mostly revealed at the present stage of economic science development in transiting to an information society. In these conditions the holistic study of intellectual capital requires an expansion of the methodological research base using the evolutionary theory of economic development of the world community, general theory (...) of complex systems, theory of informational economics and other disciplines. Moreover, in Russia there are a number of problems associated with creating a necessary institutional and regulatory environment for protecting the intellectual property. According to the authors, the study of the intellectual capital is necessary from the institutional analysis perspective, as it allows to more accurately determine the current state of the legal status of intellectual assets in the economic activity of an enterprise. (shrink)

The paper argues that the human-centred approach should be considered as an alternative to the techno-economic model of the EC information society. This alternative approach should be based on the principles of democratic participation of citizens and social cohesion. Using a community development based approach the paper introduces concepts of partnership, tripartite collaboration and universal participation. Having evaluated a human-centred approach to the information society this is then applied to the results of four case studies of (...) Danish and Swedish community teleservice centres (CTSCs), and the subsequent lessons drawn. (shrink)

With their methodical attention to detail, their tirelessness, their immunity to boredom, and their very high speed, all coupled now with reasoning power and information, machines are beginning to produce knowledge, often faster and better — “smarter” — than the human who taught them. By promising to replace man, the computer is giving us a new definition of man, as an “information processor,” and of nature, as “information to be processed.” It is not that we cannot live (...) without computers, but that we will be different people because we live with them. (shrink)

This paper draws on the authors more than 10 years of involvement in the action research experience of the Milan Community Network. It discusses the roles that community networks play in the Information Society: starting from a neat characterization of “online community”, community networks are presented as ICT learning communities, as local online communities and as complementary to Digital Cities. Finally, critical insights into institutional aspects of community networks are considered from the perspective of their sustainability.

As research into identity in the information society gets into its stride, with contributions from many scholarly disciplines such as technology, social sciences, the humanities and the law, a moment of intellectual stocktaking seems appropriate. This article seeks to provide a roadmap of research currently undertaken in the field of identity and identity management showing how the area is developing and how disparate contributions relate to each other. Five different perspectives are proposed through which work in the identity (...) field can be seen: tensions, themes, application areas, research focus and disciplinary approaches and taken together they provide a comprehensive overview of the intellectual territory currently being tilled by academia on this subject. This attempt at a coherent overview is offered in the spirit of debate and discussion, and the authors invite criticism, development and improvement. Another purpose of this paper is to provide an introduction to the range and type of research that the new journal Identity in the Information Society will publish, giving researchers working in the field a clearer idea of the scope of multidisciplinary study that is envisaged. (shrink)

The ethics in an information society is discussed from the combined viewpoint of Eastern and Western thoughts. The breakdown of a coherent self threatens the Western ethics and causes nihilism. Francisco Varela, one of the founders of Autopoiesis Theory, tackled this problem and proposed Enactive Cognitive Science by introducing Buddhist middle-way philosophy. Fundamental Informatics gives further insights into the problem, by proposing the concept of a hierarchical autopoietic system. Here the ethics can be described in relation to a (...) community rather than a coherent self. The philosophical bridge between East and West is expected to solve the ethical aporia in the 21st century. (shrink)

This paper criticizes the tendency to view the extension of the class of social actors, which stems from the process of democratization of data, as also implying the extension of the class of the political actors involved in the process of governance of the Information Society. The paper argues that social actors can upgrade to political actors once they become real interlocutors, namely political actors that can participate in the formation of the political discourse and that this can (...) happen only once they are able to combine, to a greater or lesser degree, the reduction of information asymmetries with the reduction of power differentials. (shrink)

The term information has become a universal and omnipresent keyword in almost all areas of our modern world—be it in science or society in general. This is not only obvious from the naming of whole scientific branches like Information Theory, Information Science or Informatics but even more from common speaking—characterising our present time and society as information age viz. information society. However, what information might mean, is by no means clear and (...) there is a wide range of interpretations covering, among others, its technical, communicational, educational, mental, and scientific aspects. But is the use of the same term justified when adopted in Biology, Physics, Archaeology, Law, Communication Technology, and Informatics (to list just a few of the involved scientific branches) or do its different uses at least have some common characteristics—some sort of common denominator? Is information natural, e.g. manifesting itself as a material phenomenon residing in organisms, stars, atoms, or genes, or is it just a cultural product of human communication, thinking, and interpretation? In this article, we try to clarify some of the most important interpretations, discuss and contrast them with the Informatics point of view. Interpretations range from taking information as material, transferable signals (following Shannon’s Information Theory or the genetic approaches), treating it as a sign (following a semiotic approach), as a commercial product (now common in Web-based Information Business) to considering it a pure mental phenomenon bound to humans or human-like individuals or even to groups and societies. Based on these interpretations, we shall throw a critical glance on current trends in human science and society—focusing on the now popular concept of information society —and then derive some theses and guidelines for further research escorting the growth and dispersal of information technology. As it will turn out, an information society which defines itself through the number of computers, internet connections and network links is based on a very narrow, techno-centric concept of information. However, a reflection on the educational and cultural aspects of information might lead to a better-qualified society consisting of responsible and critical citizens. (shrink)

The commodification of code demands two preconditions: a belief if the existence of code and a system of ownership for the code. An examination of these preconditions is helpful for resisting the further widening of digital divides. The ontological belief in the relatively independent existence of code is dependent on our understanding of what the “digital” is. Here it is claimed that the digital is not a natural kind, but a concept that is relative to our practices of interpretation. An (...) interpretative system that sees code as something that can or should always be owned implies an increase of social control and threatens vital processes of knowledge creation that are necessary for an open and egalitarian information society. The ontological belief in “digital code” thus provides the backdrop for an ethical view of the information society. Consequently, if we see digital code as an interpretative notion (in the nominalist way), the ethical questions appear in a different light. (shrink)

정보사회에서 새로운 정보통신 테크놀로지의 도입과 적용은 급격한 사회변동을 유발하고, 여기에 사회의 제도와 환경 정비, 개인의 문화적 적응이 제대로 뒤따르지 못할 경우, 정보윤리에서 염려하는 많은 문제점들이 발생한다. 예컨대, 전자상거래, 전자정보, 원격교육, 원격의료, 텔레뱅킹, 텔레워킹 등의 정보통신 테크놀로지가 새로운 사회 변동을 추동하지만, 여기에 필요한 법적 및 사회적 제도, 그리고 문화적 규범들이 갖추어지지 않는다면, 심각한 문화적 갭이나 지체가 나타난다.최근 세계적 수준에서의 지식 확장, 테크놀로지 진보, 경제 성장 등에 의해 유발된 사회변동은 인간 의식의 변화보다 훨씬 더 빠른 비율로 이루어진다. 변화율에서의 이러한 불일치는 오늘날 ‘세계적인 (...) 문제 상황’의 주요 원천이 된다. 그런 의미에서 바나디(Bela H. Banathy)는 인간사회의 진화 단계와 인간 의식의 진화 사이에 놓여 있는 오늘날의 불균형적 갭을 ‘취약성의 창’(window of vulnerability)으로 비유하였다.攀 Bela H. Banathy, “The Characteristics and Aquisition of Evolutionary Competence", William J. Reckmeyer, ed., General Systems, Vol.31, 1988, p.21.攀攀 우리는 정보사회에서 최첨단 정보커뮤니케이션 테크놀로지의 혜택을 향유하되, 윤리적 문제들을 극복하기 위해서는 무엇보다도 정보윤리의식을 함양하는데 모든 노력을 경주해야 할 것이다. 즉 정보사회와 정보윤리의식의 공진화가 가장 근본 과제인 셈이다. (shrink)

For more than thirty years an extensive and significant philosophical debate about the notion of privacy has been going on. Therefore it seems puzzling that most current authors on information technology and privacy assume that all individuals intuitively know why privacy is important. This assumption allows privacy to be seen as a liberal “nice to have” value: something that can easily be discarded in the face of other really important matters like national security, the doing of justice and the (...) effective administration of the state and the corporation. In this paper I want to argue that there is something fundamental in the notion of privacy and that due to the profoundness of the notion it merits extraordinary measures of protection and overt support. I will also argue that the notion of transparency (as advocated by Wasserstrom) is a useless concept without privacy and that accountability and transparency can only be meaningful if encapsulated in the context of privacy. From philosophical and legal literature I will discuss and argue the value of privacy as the essential context and foundation of human autonomy in social relationships. In the conclusion of the paper I will discuss implications of this notion of privacy for the information society in general, and for the discipline of information systems in particular. (shrink)

The task of this paper is to ground the notion of cyberethics of co-operation. The evolution of modern society has resulted in a shift from industrial society towards informational capitalism. This transformation is a multidimensional shift that affects all aspects of society. Hence also the ethical system of society is penetrated by the emergence of the knowledge society and ethical guidelines for the information age are needed. Ethical issues and conflicts in the knowledge (...) class='Hi'>society are connected to topics of ecological and social sustainability. For information ethics and cyberethics, the sustainable design of society, social, and socio-technological systems is important. In this context the notions of sustainability and co-operation are discussed. Based on these categories, the approach of cyberethics of co-operation can be theoretically grounded. (shrink)

Who can still keep a secret in a world in which everyone and everything are connected by technology aimed at charting and cross-referencing people, objects, movements, behaviour, relationships, tastes and preferences? The possibilities to keep a secret have come under severe pressure in the information age. That goes for the individual as well as the state. This development merits attention as secrecy is foundational for individual freedom as well as essential to the functioning of the state. Building on Simmel’s (...) work on secrecy, this paper argues that the individual’s secrets should be saved from the ever-expanding digital transparency. The legitimate function of state secrecy in turn needs rescuing from a culture of secrecy and over-classification that has exploded in recent years. Contrary to popular expectation, the digital revolution adds another layer of secrecy that is increasingly hidden behind the facade of the ‘big usable systems’ we work and play with every day. Our dependence on information systems and their black-boxed algorithmic analytical core leads to a certain degree of Weberian enchantment that may increase the disconnect between the system, user and object. (shrink)

This article explores the ethics of access in relation to globalization, feminism and information society. It argues that the virtual settings of information and communication technologies (ICTs) are beginning to place significant emphasis on sociospatial as well as geospatial understandings of the world and the interactions that take place within it. The article examines the extreme material and other associated inequalities of contemporary globalization, and the concentration of technological development and power in the rich economies. Historical developments (...) related to these factors are discussed, including the gendered nature of technologies and social processes shaping their production, application and use. It is argued that feminist theory and practice is relevant to broad debates about inequality of access in the information age, as well as to those concentrating specifically on gender and women. The tension between liberal/neoliberal focus on 'equality' and the 'grotesque' levels of contemporary inequality is raised. It is argued that feminism's long-standing and extensive critique of the problematic masculinist and partial nature of liberal/neoliberal theory, and its framing of agency, offers a major contribution in addressing this. Cyberfeminism works in theory and practice on horizontal networks and consciousness-raising about their potential, arguing that the era of the cybercitizen raises new and important risks of marginalization, on the basis of gender and other factors, and new forms of empowerment. (shrink)

The purpose of the article is to analyse Friedrich Nietzsche’s ideas about the radical social division of society and the domination of the elite over the masses in the context of the latest socio-economic, technological and political realities of the post-industrial society. The authors emphasize the existing social demand for the study of threats that arise from social divisions due to the influence of the information society. In these processes, the authors trace a peculiar kind of (...) recent interpretation of Nietzsche’s ideas about the “Übermensch,” owing to a radical change in the information space under the influence of the technological revolution. It is stated that the modern information society forms a new radical social division into the upper class of intellectuals and the general mass of consumers, provokes the emergence of a “divided civilization,” where under the slogans of supporting the idea of meritocracy, a society with new social divisions is formed. Ignoring the humanistic meaning of rights and freedoms, perceiving them exclusively as a technological tool for the introduction of irresponsibility make it possible to justify the rule of Nietzsche’s “Übermensch.” The “Übermensch” is now the bearer of knowledge, which is necessary for modern civilization. Nietzsche’s calls for the destruction of cultural tradition are used as a justification for the rejection of personal freedom, human rights, as well as the rejection of state institutions capable of protecting them. The authors conclude that the information society, which is based on technological innovations, faces a range of socially dangerous consequences, as well as the deformation of the system of established values. Thanks to the manipulative tools generated by technological progress, new formats of inequality are emerging and taking root. The appearance of powerful information resources strengthens the ability to control the behaviour of the individual, expands the power of a small group of people who control the information space. This is what actualizes Nietzsche’s statements about the radical division of society and the domination of the elite over the masses in the new socio-economic and technological realities. (shrink)

As is well known, any preorder R on a set U induces an Alexandrov topology on U. In some interesting cases related to data mining an Alexandrov topology can be transformed into different types of logico-algebraic models. In some cases, (pre)topological operators provided by Pointless Topology may define a topological space on U even if R is not a preorder. If this is the case, then we call R a crypto-preorder. The paper studies the conditions under which a relation R (...) is a crypto-preorder and how to transform a crypto-preorder into a proper preorder. (shrink)

The paper examines how the current evolution and growth of ICTs enables a greater number of individuals to communicate and interact with each other on a larger scale: this phenomenon enables people to cross the conventional boundaries set up across modernity. The presence of diverse barriers does not however disappear, and we therefore still experience cultural, political, legal and moral boundaries in the globalised Information Society. The paper suggests that the issue of boundaries is to be understood, primarily, (...) in philosophical terms, in order to explain in what sense the fundamental historicity and situatedness of human beings does not necessarily prevent them from being able to cross the boundaries of their own experiences and to communicate with other human beings. Our line of reasoning is based on the idea that the epistemic and moral subject is neither a pure universal subject always transcending the limits of its experience nor the mere product of the context in which it find itself embedded. By virtue of its continued existence and experience of any given context, the epistemic and moral subject is asked to respond to the constraining affordances of data and to account for the moral calls of the other. This intertwinement of responsiveness and accountability towards what is "over there" confers us an original understanding of what is "here". (shrink)

In the past, for universities, the suggestion that they rather than other, commercial, actors should seek to control and profit from the results of research was hardly entertained at all, not least as in many cases these institutions jealously guarded their relative unconnectedness from the market.However, two political economic shifts have transformed this situation and the previous benign neglect of intellectual property in universities is unlikely to continue. On the commercial side, the increased share of value-added in many products has (...) focussed corporate managers on the issue of the ownership and exploitation of knowledge and information.On the other side, universities have themselves have been suffering varying, and in some cases quite extensive, pressure as regards their publicly funded budgets. Thus, in many developed and developing countries, encouraged by their own governments, and in the case of developing countries by international financial institutions, many universities have started to examine new ways of capitalising on their activities through market activities. This has led to many universities finding themselves torn between a norm of scientific community and the requirements to utilise their research-related resources as sources of income.This article explores this issues and concludes that the university’s most obvious competitive advantage is in the provision of publicly available knowledge and research; to become too like the corporate sector is to invite conversion into commercial actors. We already have quite enough commercial actors in the global information society; our attention must be focussed on maintaining and even expanding the realm of the public research institution by building on the many centuries of success universities have enjoyed in providing social goods. (shrink)

The paper examines the realignment of the legal sources in an information society, by considering first of all the differences with the previous system of sources, dubbed as the “Westphalian model”. The current system is tripartite, rather than bipartite, for the sources of transnational law should be added to the traditional dichotomy between national and international law. In addition, the system is dualistic, rather than monistic, because the tools of legal constructivism, such as codes or statutes, have to (...) be complemented with the rules of customary law and contracts. In light of the canonical version of the law as a set of commands enforced through the threat of physical sanctions, however, two further novelties must be stressed, namely the soft law-tools of governance as a source of the system and the aim to embed normative constraints into technology, in order to enforce the law through the use of filtering systems, self-enforcing technologies, etc. This latter approach impacts on functions and requirements of the system, by transferring the normative side of the law from the traditional “ought to” of legal commands to what actually is on the basis of automatic techniques, thus affecting the very notion of source. The overall aim of the paper is to show that rearrangements of the legal sources are intertwined with redistributions of power and hence, a normative standpoint is needed, so as to determine whether scholars can obtain the solution that best justifies the integrity of the law before its hard cases, or the answer is a reasonable compromise between many conflicting interests. (shrink)

The precautionary principle (PP) aims to anticipate and minimize potentially serious or irreversible risks under conditions of scientific uncertainty. Thus it preserves the potential for future developments. It has been incorporated into many international treaties and pieces of national legislation for environmental protection and sustainable development. In this article, we outline an interpretation of the PP as a framework of orientation for a sustainable information society. Since the risks induced by future information and communication technologies (ICT) are (...) social risks for the most part, we propose to extend the PP from mainly environmental to social subjects of protection. From an ethical point of view, the PP and sustainability share the principle of intergenerational justice, which can be used as an argument to preserve free space for the decisions of future generations. Applied to technical innovation and to ICT issues in particular, the extended PP can serve as a framework of orientation to avoid socio-economically irreversible developments. We conclude that the PP is a useful approach for: (i) policy makers to reconcile information society and sustainability policies and (ii) ICT companies to formulate sustainability strategies. (shrink)

Private information about individuals contained in computerized data bases is readily available to journalists, who have a moral obligation to inform the masses as a means of redistributing power in society. The journalist's duty to inform, however, conflicts with the duty to respect the privacy of individuals. Because legislation is largely ineffective in protecting individual privacy, the journalist's moral responsibility assumes additional weight. However, the journalist should not allow the claim of privacy to keep him or her from (...) investigating matters in which the public has a legitimate interest. To determine the extent of legitimate interest, the journalist must be able to distinguish between a right to knowledge and a curious interest in knowing. The journalist is offered a 5-point test to assist in determining when an invasion of privacy via data-base research and subsequent publication is warranted. (shrink)

The present paper aims at addressing a crucial legal conflict in the information society: i.e., the conflict between security and civil rights, which calls for a “fine and ethical balance”. Our purpose is to understand, from the legal theory viewpoint, how a fine ethical balance can be conceived and what the conditions for this balance to be possible are. This requires us to enter in a four-stage examination, by asking: (1) What types of conflict may be dealt with (...) by means of balancing? (2) What is meant by balancing? Is it a metaphor that hides and dissimulates discretionary powers and subjective decisions or a rational instrument that helps us cope with conflicts between fundamental values and interests? (3) What models of balancing are available to us? Are these models irreducible to each other? What can provide us with a common understanding of different models of balancing? (4) How can the crucial issues of rational controllability, predictability, and homogeneity of legal decisions be dealt with? Our paper will try to answer those questions by trying to reconstruct the act of balancing in terms of a rational legal reasoning, which relies upon information. In fact, every judicial decision contains some information that is delivered to the legal system: that information may serve as the basis for future evaluations, decisions, and actions, and thus influence the way we recognize and hence we protect our values, interests, and rights. In this perspective, our examination will attempt to understand those questions in informational terms. This informational treatment can provide us with a more universalistic understanding of those issues and offer us a novel way to conceptually deal with them. To this aim, we will avail yourself of Luciano Floridi’s philosophy of information: notably, we believe his constructionist conception of epistemology is crucial, based on the Maker’s Knowledge approach and his solution of the upgrading problem (i.e., from information to knowledge) in terms of a network theory of account. The informational approach will help us having a better understanding of the balance between competing interests. (shrink)