个人自由与-à-Vis国家的完整性:以苹果iPhone为例的研究

Kumar Mukul, K. N. Rao, Sukanya Kundu
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引用次数: 1

摘要

电信和网络方面的进步,特别是基于移动的通信系统,极大地促进了各国和社会以“地球村”的形式一体化。虽然技术进步使全球范围内的连接变得更加容易,但它们也引起了人们对在此过程中侵犯我们隐私和安全的担忧。该事件反映了科技巨头(苹果)与超级大国(美国)在恐怖主义和国家安全等敏感问题上的矛盾。本案中的商业公司决定将其对客户的承诺置于政府要求解锁所涉恐怖分子手机之前。双方相互冲突的立场突出了隐私(客户的隐私,在本例中客户恰好是恐怖分子)与国家安全的问题。政府认为国家的安全是至高无上的,必须优先于其他任何事情。苹果认为,政府的要求违反了产品销售时向客户做出的安全保证。这个案件提出了一些敏感的问题,比如商业公司对各种利益相关者的责任,公司对客户的义务,民主政府对公民的义务,公司的价值体系,公民的隐私问题等等。这个案例提出了一个相关的问题,即哪个问题最紧迫、最重要,或者哪个应该得到优先考虑——个人隐私、公司的承诺还是国家的安全?它也让我们思考我们未来可能面临的问题——这样的事件在未来会更频繁吗?我们能以安全的名义牺牲公民的自由吗?政府能随意潜入任何人的私生活吗?市民是否过于谨慎和挑剔?公司是否需要加入反恐斗争,而不是担心公司的政策、协议或对利润的影响?该案例为提出对这些问题的不同观点提供了背景,并有助于以集中的方式进行审议。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Individual Freedom Vis-à-Vis Integrity of the State: A Study with Reference to Apple iPhone
Advancement in telecommunication and networking, especially the mobile-based communication systems, has contributed enormously towards the integration of nations and societies in the form of a ‘global village’. While the technological advancements have made connectivity across the globe so much easier, they have also raised concerns of comprising our privacy and security in the process. The case illustrates the conflict between a technology giant (Apple) versus a superpower country (United States) on sensitive issues of terrorism and national security. The business firm in the case decides to put its commitment to customers ahead of the government’s demands of unlocking the phone of a terrorist in question. The conflicting stands of the two parties highlight the issues of privacy (of a customer—who happens to be a terrorist in this case) versus national security. The government was of the opinion that the security of the nation is paramount and must be given precedence over anything else. Apple viewed the demand from the government as a breach of security assurances given to its customers at the time of product sale. The case raises sensitive issues like responsibility of a business firm to various stakeholders, the obligations of a firm to the customers, the obligations of the democratic government to its citizens, the value systems of a company, the privacy concerns of the citizens and so on. The case raises pertinent questions as to which concern is most urgent and paramount or which one should get preference—privacy of individuals, promises made by the companies or security of the nation? It also makes us ponder regarding the issues we may confront in future—Will incidents like these be more frequent in future? Can we sacrifice freedom of the citizens in the name of security? Can a government sneak into anyone’s private life at will? Are citizens being over-cautious and finicky? Do companies need to join the fight against terrorism rather than worrying about their company policies, protocols or impact on profits? The case provides a context for raising diverse perspectives on these issues and helps facilitate deliberations in focused manner.
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