Remembering and forgetting in the digital age

Abstract

This book examines the fundamental question of how legislators and other rule-makers should handle remembering and forgetting information (especially personally identifiable information) in the digital age. It encompasses such topics as data protection, collective memory, privacy and the right to be forgotten when considering data storage and deletion. The authors argue in support of maintaining the new digital default, that (personally identifiable) information should be remembered rather than forgotten. The book offers guidelines for legislators as well as private and public organizations on how to make decisions on remembering and forgetting personally identifiable information in the digital age. It draws on three main perspectives: law, including the example of Swiss legal provisions; technology, specifically search engines, internet archives, social media and the mobile internet; and an interdisciplinary perspective from philosophy, the social sciences and archiving science among other disciplines. Readers will benefit from a holistic view of the informational phenomenon of "remembering and forgetting". This book will appeal to economists, lawyers, philosophers, sociologists, historians, anthropologists, and psychologists among many others. Such wide appeal is due to its rich and interdisciplinary approach to the challenges for individuals and society at large with regard to this aspect of human experience in the digital age. Intro; Preface; Content Overview; Contents; List of Contributors; Part I: Introduction; 1 Overview, Purpose, and Scope; 2 Structure, Contents, and Key Issues; 3 Future Directions; Part II: Normative Concepts of Information Management; 1 Introduction; 2 Overarching Provisions of Swiss Law; 2.1 The Swiss Federal Act on Data Protection (FADP); 2.2 The Federal Act on Freedom of Information in the Administration; 2.3 The Federal Act on Archiving; 3 Preservation; 3.1 Purpose; 3.1.1 General Remarks; 3.1.2 Illustration Based on Selected Examples 3.1.2.1 Public Administration and Preservation of Government Interests3.1.2.2 Preservation of Private Interests; 3.1.2.3 Government Oversight; 3.1.2.4 Preservation of National Heritage; 3.2 Design; 3.2.1 General Remarks; 3.2.2 Illustration Based on Selected Examples; 4 Deletion; 4.1 Purpose; 4.1.1 General Remarks; 4.1.2 Illustration Based on Selected Examples; 4.2 Design; 4.2.1 General Remarks; 4.2.2 Illustration Based on Selected Examples; 5 Access; 5.1 Purpose; 5.1.1 General Remarks; 5.1.2 Illustration Based on Selected Examples; 5.2 Design; 5.2.1 General Remarks 5.2.2 Illustration Based on Selected Examples6 Loss of Relevance; 6.1 Statute of Limitations; 6.1.1 Purpose; 6.1.2 Design; 6.2 Right to Be Forgotten; 7 Conclusion; References; Part III: Technological Developments; 1 Introduction; 2 Search Engines; 2.1 Definition; 2.2 Historical Development and Technical Operation; 2.3 Significance of Search Engines; 2.4 Threats and Risks; 2.4.1 Search Engines as Informational Intermediaries: Credit History Reporting; 2.4.2 Search Engines as Repositories of User Data: The Google Subpoena; 2.5 Conclusion; References; 3 Remembering and Forgetting in Social Media 3.1 Definition3.2 Technology and Use; 3.3 Numbers and Usage of Social Media; 3.4 Risks; 3.5 Social Media and Traditional Media; 3.6 Social Media and Forgetting; 3.7 Conclusion; References; 4 Web Archives; 4.1 Introduction; 4.2 Definition; 4.2.1 Web Archives; 4.2.2 Web-Harvesting Techniques and Their Different Goals; 4.2.3 Access to Web Archives; 4.3 Web Archiving Initiatives; 4.4 Benefit of Web Archives; 4.5 Technology and Application Possibilities; 4.5.1 Overview of Acquisition Methods; 4.5.2 Current Challenges for Web Crawlers; 4.5.3 Possibilities for Handling Technical Difficulties 4.5.4 Archiving Strategies4.5.5 Access to Web Archives; 4.6 Possible Developments and Key Changes in Comparison to the Classical Concept of Archiving; References; 5 Mobile Internet; 5.1 Internet Protocol as Trigger of the Digital Transformation; 5.2 Ever Increasing Capacity; 5.3 Entering a Whole New World of Mobile Services; 5.4 Interdependencies Between Infrastructure and Services; 5.4.1 Infrastructure Companies Offering All ICT-Services; 5.4.2 OTT Service Providers Entering Infrastructure Markets; 5.4.3 Two-Sided Markets and the Mobile Internet; 5.5 Conclusion; References