Reframing Roe: Property over Privacy

In this paper we undertake an examination of the presence of similar "women-protective" discourses in policy debates occurring over two bills on reproductive-related topics considered during the 2013 California legislature session. The first bill (AB154), now signed into law, allows nurse practitioners, certified nurse midwives, and physician assistants to perform first-trimester aspiration abortions. The second bill (AB926), had it passed, would remove the prohibition on paying women for providing eggs to be used for research purposes. Using frame analysis we find evidence of similar protective arguments by opponents of both bills, although these advocates do not share ideological positions on abortion rights or women's autonomy. In the case of AB154, anti-abortion advocates use language and frames that call for protecting the health of women against the imputed interests of the "abortion industry." In the case of AB926, feminists and pro-choice advocates evoke similar frameworks for the protection of women against the interests of the "medical research industry." Both sides argue for the "protection of women," from opposing positions on the rights and autonomy of women in relationship to reproductive freedom.

Visa a demonstrar de que maneira as novas relações de consumo, perpetradas na modernidade líquida por intermédio da internet, vem incentivando a superexposição da privacidade e se essa prática vem violando tal direito fundamental e da privacidade. A metodologia de abordagem empregada na investigação é a lógico-dedutiva, de maneira que primeiramente far-se-á uma análise contextual da modernidade, capitalismo e das interações sociais atuais, tendo a internet como interface; em seguida passar-se-á a análise da privacidade, delineamentos, amplitude e teorias acerca deste conceito, e por último, analisar-se-á a privacidade como direito constitucionalmente garantido, dentre o rol de direitos fundamentais e de que maneira ocorre a violação do direito à privacidade por meio das modernas práticas mercadológicas. Neste intuito, efetua-se a análise do conceito jurídico de privacidade e sua flexibilização em decorrência da superexposição das mídias sociais a fim de avaliar o estado da arte desta temática no ordenamento jurídico brasileiro. Para tanto, as técnicas de pesquisas utilizadas foram de cunho teórico, composto de fontes documentais, bibliográficas e legislativas. Como resultado principal aponta se há a relativização do direito à privacidade diante a superexposição digital e às práticas consumeristas disseminadas fortemente pela mídia.

The purpose of this paper is to address the privacy paradox by attempting to better understand the predictors of users’ disclosure behavior and evaluates their relation to disclosure, and social capital on social network sites. Using a survey questionnaire, empirical data were collected from 473 members of Facebook in Taiwan. Partial least square (PLS) technique was performed to test the validity of the proposed research model. The results suggest that bridging and bonding social capital are determined by self-disclosure, which in turn is jointly determined by psychological need for privacy and privacy setting. The relationship between privacy concern and self-disclosure is mediated by privacy setting. The findings of this study can help social network sites operators design effective and relevant privacy controls to reduce a user's privacy concern and enhance self-disclosure on social network sites. Our contributions center on a comprehensive understanding of the impact of antecedents of self-disclosure on users’ disclosure behavior and social capital on SNSs may provide valuable insights for SNS operators and marketers to offer more effective services to SNS users.

In the current framework of human rights, data privacy is finding its home as an independent human right, separate from its historical home under the umbrella of general privacy. However, there is no consistent system or standard for defining this right, and different regions require substantially different levels of protection. This inconsistency has allowed for corporations, by way of their executive officers, to avoid or completely ignore the requirements imposed by many countries. Moreover, the penalties in many regions are not severe enough to incentivize corporations to change their behavior. The lack of a truly global system and standard for enforcing this right, and the specific lack of pressure on the officers that direct corporate policy, has allowed data privacy violations to go severely under-checked. This Note seeks to provide a novel solution for tackling corporate holdup in complying with data privacy laws. This Note examines the historical roots of data privacy as a human right, discusses its similarity to resources that have been considered public utilities, and provides examples of instances where the right to data privacy has been ignored by corporate officers. By modifying the United Nations’ existing sanction procedure and jurisdiction, this Note proposes that the United Nations would be able to target corporate officers individually for their roles in data privacy violations. By leveraging personal liability for noncompliance, the United Nations could generate a global sense of accountability to the modern, human right to privacy in one’s personal data.

In Discourses of Ordinary Justice, I read fiction by Charles Chesnutt, Edith Wharton, and Richard Wright as engaging with the most pressing legal issues of the early twentieth century: injury and compensation, the nature of privacy, and the legality of segregation. In my first chapter, I argue that The Marrow of Tradition by Charles Chesnutt represents a rare early twentieth-century attempt to think through the legal arguments surrounding tort-based reparations for slavery. In my second chapter, I argue that through her fiction’s preoccupation with the sale of personal letters, Edith Wharton created a counter-discourse to the common law right to privacy that emerged at the beginning of the twentieth century. While the legal right to privacy claims to keep the public from accessing a protected sphere of domesticity, Wharton’s fiction shows how privacy rights actually enable one to manage the circulation of one’s own public image, converting domesticity into valuable public currency and creating a lucrative market for blackmail. In my final chapter, I read Native Son alongside Legal Realism, a controversial jurisprudential movement of the 1930s, in order to recover Wright’s critique of de facto segregation and the rhetoric of neutrality surrounding the production of American law. I argue that, using the interpretive strategies of the Legal Realists, Wright exposes laws protecting real property as a sublimated system of racial segregation. Discourses of Ordinary Justice uses early twentieth-century American fiction to depict the shaping power of contexts and arguments weeded out of turn-of-the century legal discourse. These contexts and arguments, rendered invisible by formal legal discourse, subsist in literature that represents the multiple and conflicting legal arguments un-reconciled by formal decrees. Through analyzing fiction written by authors who theorize the limits of the law, I take literary texts seriously as documents of legal history that call attention to the mutability of law’s conceptual boundaries and enable us to re-embed law in society.%%%%

The academic society has been questioned at length and has issued Codes Ethics to determine the behavior to be held in respect of indigenous peoples and traditional societies examined: data may have different levels of diffusion and they must be shared by communities. Anthropologists need to ask the permission to get inside of the societies investigated. Some cases highlight how these relations of the report are hardly maintained by both sides. The delicate relationship between scholars and privileged informants may be damaged if the disclosure of information occurs without sharing and respect. In conclusion we analyze the case of the publication post mortem of Malinowski's diaries: is it a case of privacy's violation? What is the usefulness?

Content Propagation in Online Social Networks

Since the legalization of elective abortion in Denmark in 1973, the abortion limit has been at gestational week 12. The abortion limit has recently been debated, leading to its extension to gestational week 18 by 2025. However, research on abortion limits is lacking in Danish and international contexts. This initial study aimed to examine Danish non-abortion-seeking pregnant women's attitudes towards elective abortion and abortion limits in Denmark, in relation to their own pregnancy and perceptions of the fetus. This exploratory study was based on qualitative semi-structured interviews with 13 non-abortion-seeking pregnant women. All the interviews were conducted using video links. The interviews were transcribed verbatim and analyzed using thematic analysis. All participants supported abortion as a women's right. However, the responses showed a lack of knowledge about abortion procedures as well as cultural silence linked to abortion. Abortion was viewed as the responsibility and burden of women. The participants were equivocal about the placement of the abortion limit due to their own pregnancy experiences, but gestational week 12 was seen as an important milestone in securing the pregnancy and the expected child. This study highlights that issues of elective abortion and abortion limits are linked to ambivalence Abortion was voiced as a woman's right, but also as a woman's responsibility, and burden. The fact that an embryo or fetus, is removed during an abortion procedure made it difficult and ambivalent for the participating women to articulate specific attitudes towards raised abortion limits.

Abortion is not legal in Northern Ireland, except to preserve a pregnant woman’s life or to prevent permanent damage to her physical or mental health. Despite this, women who live in Northern Ireland have abortions. Unless they qualify for one of the few legal exceptions, women obtain a clinic-based abortion by traveling to a country where abortion is legal or they use telemedicine to access medications to self-manage an abortion at home. Reporting on 30 in-depth interviews with women living in Northern Ireland, PRC faculty research associate Abigail R.A. Aiken, undergraduate student Elisa Padron and PRC graduate student trainees Kathleen Broussard and Dana Johnson show that Northern Irish women experience travel barriers, fear and anxiety surrounding the criminalization of self-managed abortion, and a breakdown of the doctor-patient relationship that isolates women and prevents them from seeking care and support through the Northern Irish healthcare system.

The literature base pertaining to abortion decision-making and adjustment has grown substantially since legalization of abortion in the U.S. 30 years ago. However, the available research has suffered from various theoretical and methodological shortcomings and the findings do not seem to do justice to the complexity of abortion experiences among women residing in a cultural context that continues to exhibit intense conflict over the legality and morality of abortion. The purpose of this review is to summarize previous research, offer suggestions for improving the quality of work on the topic of abortion, and to highlight specific content areas holding considerable promise for enhancing our understanding of the risks and benefits of abortion.

حق بر حریم خصوصی و حفظ اطلاعات فردی و خانوادگی، یکی از اصول و آزادی­های بنیادینی است که همواره در اسناد بین­المللی متعدد حقوق‌بشری، ازجمله کنوانسیون اروپایی حقوق بشر به رسمیت شناخته شده است. کنوانسیون در ماده 8 ابتدا به معرفی حقوق مربوط به حریم خصوصی پرداخته و در بند دوم، امکان محدودکردن آن حقوق را تحت شرایطی پیش­بینی کرده است. مقاله­ حاضر در نظر دارد عملکرد دیوان اروپایی حقوق بشر را در مواجهه با ادعاهای نقض حریم خصوصی بر اساس کنوانسیون مزبور و سایر اصول حقوق بین­الملل بشر، نقد و بررسی کند و یکپارچگی، ثبات، قطعیت و عادلانه‌بودن رویه دیوان را به محک گذارد. با بررسی رویه­ دیوان، مشخص می­شود که به‌طور کلی، به‌رغم انتقادهای وارد بر عملکرد این نهاد، دیوان توانسته است رویه­ای ثابت و به‌دور از تزلزل از خود بر جای گذارد که ضمن اینکه مفاد ماده 8 کنوانسیون را اعمال و پاسبانی کرده است، موفق شده است به جهات مختلف، آن را تعدیل کرده و توسعه بخشد.

Global mechanisms have been established to monitor and facilitate state accountability regarding the legal status of abortion. However, there is little evidence describing whether these mechanisms capture accurate data. Moreover, it is uncertain whether the "legal status of abortion" is a valid proxy measure for access to safe abortion, pursuant to the global goals of reducing preventable maternal mortality and advancing reproductive rights. Therefore, this study sought to assess the accuracy of reported monitoring data, and to determine whether evidence supports the consistent application of domestic law by health care professionals such that legality of abortion functions as a valid indicator of access. We conducted a validation study using three countries as illustrative case examples: Argentina, Ghana, and India. We compared data reported by two global monitoring mechanisms (Countdown to 2030 and the Global Abortion Policies Database) against domestic source documents collected through in-depth policy review. We then surveyed health care professionals authorized to perform abortions about their knowledge of abortion law in their countries and their personal attitudes and practices regarding provision of legal abortion. We compared professionals' responses to the domestic legal frameworks described in the source documents to establish whether professionals consistently applied the law as written. This analysis revealed weaknesses in the criterion validity and construct validity of the "legal status of abortion" indicator. We detected discrepancies between data reported by the global monitoring and accountability mechanisms and the domestic policy reviews, even though all referenced the same source documents. Further, provider surveys unearthed important context-specific barriers to legal abortion not captured by the indicator, including conscientious objection and imposition of restrictions at the provider's discretion. Taken together, these findings denote weaknesses in the indicator "legal status of abortion" as a proxy for access to safe abortion, as well as inaccuracies in data reported to global monitoring mechanisms. This information provides important groundwork for strengthening indicators for monitoring access to abortion and for renewed advocacy to assure abortion rights worldwide.

Recent decades have witnessed a swift development in network structures like Peer-to-Peer (P2P) systems, offering advantages such as significantly reducing the setup running cost for the content providers and providing end users data access within very short time. However, today's P2P distribution systems are severely abused by illegal re-distributions. The enforcement of copyright protection mechanisms in these systems poses serious privacy threats to end users. Various researchers have examined the challenges characterizing these systems from diverse viewpoints, proposing strategic solutions. This paper, to the best of our knowledge, for the first time conducts a review analysis focused on security, privacy and anonymity in P2P systems, describing the challenges and solutions that are associated with legal content distribution in them.

In recent years, there have been calls in activist spaces to ‘queer’ abortion rights advocacy, to incorporate non-normative notions of gender identity and sexuality into abortion struggles and services. Argentina provides an interesting site in which to examine these developments, since there is a longstanding movement for abortion rights in a context of illegal abortion and a recent ground-breaking Gender Identity Law that recognises key trans rights. In this paper, we analyse public documents from the abortion rights movement’s main coalition – the National Campaign for the Right to Legal, Safe and Free Abortion – alongside interviews with 19 Campaign activists to examine shifts and tensions in contemporary abortion rights activism. We trace the incorporation of trans-inclusive language into the newly proposed abortion rights bill and conclude by pointing to contextual factors that may limit or enhance the further queering of abortion rights.

The Framing of a Right to Choose: Roe v. Wade and the Changing Debate on Abortion Law