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Freedom of Speech and Segmenting the Citizens
Unformatted Document Text:  ICA-10-10582 2 As long as the modes of prediction remain in the hands of marketers, more data will be collected, more data matching will occur and the result will be a marketer’s increased attempts to tailor and deliver the messages to people who are deemed worthwhile. The problem with such efforts is that only those segments that are deemed to be commercially and/or politically viable will be communicated with. Critics suggest that these messages will not only reflect the existing interests of individuals but will also shape their expression (Kang, 1998, pp.1215, 1216). The most obvious of the consequences of this technology is marketers’ increased ability to manipulate the beliefs and eventually the behaviors of the individuals. This process is explored by Lessig (1999) who describes the ways in which observation affects the observed. Observations are fed back into the systems through enriched profiles, which are used to provide consumers with options that are in accordance with a predicted response (p.154). Thus while we may think (and act) as we please, our behavior, nonetheless, is shaped by the choices that are presented to us as a result of our previous actions. Over time, profiles come to mold our habits, preferences and behaviors (Cohen, 2001, p.2034). Therefore, our actions lead us to accept our subject positions through the realization of what are in essence self-fulfilling prophesies (Lyon, 2001, p.117). The value of privacy protection is that it helps create an environment in which an individual can develop free from such manipulation. II) Purpose of the Paper The purpose of this paper is to demonstrate that the subjugation of privacy, within the age of increased surveillance and segmentation, has pernicious consequences for the First Amendment rights of the citizens and hence, for democracy. Following a brief summary of the existing tensions between freedom of speech claims of corporations and privacy rights of individuals, Part III will proceed with outlining the Authority of Ethos approach that this paper offers as a way to resolve such tensions. This approach offers a framework that

Authors: Popescu, Mihaela. and Baruh, Lemi.
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ICA-10-10582
2
As long as the modes of prediction remain in the hands of marketers, more data will be
collected, more data matching will occur and the result will be a marketer’s increased
attempts to tailor and deliver the messages to people who are deemed worthwhile. The
problem with such efforts is that only those segments that are deemed to be commercially
and/or politically viable will be communicated with. Critics suggest that these messages will
not only reflect the existing interests of individuals but will also shape their expression
(Kang, 1998, pp.1215, 1216). The most obvious of the consequences of this technology is
marketers’ increased ability to manipulate the beliefs and eventually the behaviors of the
individuals. This process is explored by Lessig (1999) who describes the ways in which
observation affects the observed. Observations are fed back into the systems through
enriched profiles, which are used to provide consumers with options that are in accordance
with a predicted response (p.154). Thus while we may think (and act) as we please, our
behavior, nonetheless, is shaped by the choices that are presented to us as a result of our
previous actions. Over time, profiles come to mold our habits, preferences and behaviors
(Cohen, 2001, p.2034). Therefore, our actions lead us to accept our subject positions through
the realization of what are in essence self-fulfilling prophesies (Lyon, 2001, p.117). The
value of privacy protection is that it helps create an environment in which an individual can
develop free from such manipulation.
II) Purpose of the Paper
The purpose of this paper is to demonstrate that the subjugation of privacy, within the
age of increased surveillance and segmentation, has pernicious consequences for the First
Amendment rights of the citizens and hence, for democracy. Following a brief summary of
the existing tensions between freedom of speech claims of corporations and privacy rights of
individuals, Part III will proceed with outlining the Authority of Ethos approach that this
paper offers as a way to resolve such tensions. This approach offers a framework that


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