Social Research: Ethical and Legal Issues in New Media Technologies

This literature review examines the ethical and legal implications of new media technologies, focusing on social media's impact on privacy, freedom of speech, and copyright. The review synthesizes the works of various researchers, including Balkin, Benkler, Netanel, Cohen, Gillespie, Smith et al., Wang et al., Igharo, and Winner, to analyze the challenges and opportunities presented by digital technologies. Key themes include privacy concerns arising from data collection and sharing, the tension between copyright and information dissemination, the impact of big data on privacy, and the influence of behavioral biases on decision-making. The review also addresses the social and ethical consequences of social media use, such as cyberbullying and family violence, and the political dimensions of technology. The author identifies gaps in existing literature, such as the need for strategies to protect user privacy and ethical implications of social media. The review concludes by highlighting the importance of understanding the complex interplay between technology, ethics, and law in the digital age.

Running Head: SOCIAL RESEARCH 1
Social Research
Topic: Exploring the Ethical and Legal Implications of New Media Technologies
NAME
COURSE
UNIVERSITY/AFFILIATION

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Literature Review
Social media has experienced tremendous growth over the recent years. However, it has
negative and positive effects. For instance, privacy has been a major problem that has been
encountered by many of its users. This has become evident by increased number of researches on
privacy issues. Balkin (2004) argues that freedom of speech has become evident. He further
argues that digital technologies have played vital roles in realization of democratic culture.
Digital revolution has enhanced cultural interaction. Besides, it has been a source of employment
as many people have acquired wealth through information production. However, it has resulted
in policy issues (Balkin, 2004). It has also led to conflicts as people are accessing others
information without their consent. Hence, there is a need to solve these conflicts (Balkin, 2004).
Professor Balkin has explained well issues concerning democratic culture but I’ve identified gaps
in this literature. For instance, he has not explained how privacy can be attained today.
Apart from Professor Balkin, Benkler (2006) has also expressed his concern regarding
social networks. He argues that social production has triggered changes in freedom. Many
organizations have adopted social technologies to ensure that there is a smooth flow of
communication between different departments (Benkler, 2006). Besides, mass media such as
television and radio have contributed greatly to the spread of information. However, operations
of the mass media has been affected by money. Hence, concentrating on entertainment rather
than news. Networking communication tools include; email and blogs (Benkler, 2006).
However, Benkler has not provided adequate information on how companies can be restricted
from collecting sensitive information. On the other hand, Netanel (1996) argues that distribution
of information has lowered morale of authors. However, the situation has been improved greatly
with proprietary rights. These rights have restricted people from distributing other people’s work

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without permission from the owner. There are challenges that have been encountered when
determining access rights that should be granted to users. Digital technology has enhanced
availability of work online. This work can be modified and distributed without owner’s consent.
Hence, digital technology has promoted freedom and problems that are related to ownership and
privacy Netanel (1996). Most countries across the globe have adopted new technologies into
their operations. Hence, matters related to copyright has been discussed in many countries
including the United States. The U.S. leaders have suggested that expansive copyright should be
put into consideration. However, this suggestion has been criticized by minimalists (Netanel
(1996). In his work, Netanel has not described some of the tools that can be used to enhance
privacy despite explaining it in details.
In addition, Cohen (2007) argues that copyright law promotes creativity. He also argues
that the study of copyright has faced some challenges. There are several things that should be
considered prior to adopting privacy laws. For instance, reasons for implementing such laws
should be explained explicitly. Also, rights should be specified, hence explaining how they can
be applied without resulting in problems. Nonetheless, some of the ways of solving conflicts
need to be described properly to ensure that creative process has been enhanced (Cohen, 2007).
However, Cohen (2007) noted that ideas cannot be protected. Thus, people can use the same idea
to develop different systems that perform distinct roles. In his work, Cohen has failed to explain
effects of copyright on creativity. Gillespie (2010) also argues that content providers, for
example, YouTube are working around the clock to ensure that only a certain content has been
posted. YouTube is the popular platform for online videos. However, it has faced privacy
challenges as well as disputes concerning intellectual property.

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Furthermore, Smith, Szongott, Henne & Voigt (2012) argues that the concept of big data
has gained popularity over the recent years. Many companies and organizations are dealing with
large volumes of data to facilitate their day-to-day business operations. Social media has played
vital roles in data availability, which ensures that business activities are running smoothly and
there is understanding between different departments within an organization. However, Smith et
al. (2012) argues that big data has faced privacy problems. Social media users such as Facebook
are required to register by providing details which include; name, password and current
residence. They argues that users should be careful while using social media to ensure that they
have shared only insensitive information. They have further explained privacy issues from
different dimensions. Firstly, a user can share information before thinking rationally. For
example, posting pictures in public domain rather than timeline of a specific person, hence
accessed by unconcerned parties. Secondly, privacy issues can be caused by other people
whereby people’s data can be uploaded over the internet without their consent, hence resulting in
privacy issues. However, Smith et al. (2012) have not explained strategies that have been put into
consideration by websites to ensure that content has been protected against unauthorized access.
Moreover, Wang et al. (2013) have pointed out that decision making is affected by
several things such as behavioral biases. They concluded that making informed decision is a
great challenge to many internet users. Poor decision making impacts negatively on privacy.
Also, it leads to regrets. Hence, users should be keen and analyze several alternatives prior to
making decisions such as whether they should share a certain content or not. Issues related to
privacy can lead to substantial consequences not only limited to loosing friendship but also a job.
However, Wang et al. (2013) have not explained ethical implications of social media. Besides,
Igharo (2012) argues that the reasons why information technologies are used widely today varies

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from one person to another. Some of the reasons include; poor social skills and family pressures.
People spent approximately 4 hours daily on social media. However, internet has resulted into
many problems such as cyberbullying and family violence due to privacy issues (O'Keeffe &
Pearson, 2011). In his work, Igharo has not listed and explained behaviors that social media users
should avoid to enhance privacy. Finally, Winner (1980) argues that technical things are not
associated with politics. Hence, people should not blame machines. However, Winner has not
explained how technical artifacts have impacted on privacy issues that we are experiencing
today.

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References
Balkin, J. M. (2004). Digital speech and democratic culture: A theory of freedom of expression
for the information society. NyuL rev., 79, 1.
Benkler, Y. (2006). The wealth of networks: How social production transforms markets and
freedom. Yale University Press.
Cohen, J. E. (2007). Creativity and culture in copyright theory
Gillespie, T. (2010). The politics of ‘platforms’. New media & society, 12(3), 347-364.
Igharo, V. (2012). New Media and Social Health: An Empirical Analysis of Trends, Risk and
Opportunities.
Netanel, N. W. (1996). Copyright and a democratic civil society. Yale Lj, 106, 283.
O'Keeffe, G. S., & Pearson, K. C. (2011). The impact of social media on children,
Adolescents, and families. Pediatrics, 127(4), 800-804.
Smith, M., Szongott, C., Henne, B., & Voigt, G. V. (2012, June). Big data privacy issues in
Public social media. In 2012 6th IEEE International Conference on Digital Ecosystems
and Technologies (DEST) (pp. 1-6). IEEE.
Wang, Y., Leon, P. G., Scott, K., Chen, X., Acquisti, A., & Cranor, L. F. (2013, May). Privacy
Nudges for social media: an exploratory Facebook study. In Proceedings of the 22nd
International Conference on World Wide Web (pp. 763-770). ACM.
Winner, L. (1980). Do artefacts have politics? Daedalus, 121-136.

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