World Subjectright Foundation

@article{subjectrights,
  title={Subjectright, The Journal of Medical Knowledge Management,
         Physician's Computing Chronicle},
  author={Steve Mann},
  volume=6,
  number=2,
  pages=8-9,
  year={April 2001}
}

Position Statement

Pervasive computing and ubiquitous surveillance have reached into nearly all facets of our daily lives. Identification cards are required for more and more things, and often pictures taken for the ID cards are warehoused for sale in large databases without our knowledge or consent.

Sheraton Hotel's management (Boston) recorded video of workers as they changed clothes in the company locker room. They alleged that they suspected employee drug use.

Surveillance cameras and automated imaging systems, sensors, etc., are being made in ever smaller packages, with increasing automation. Thus it is getting easier and easier to capture image content without the need of a skilled photographer or system operator.

The failure of leglislation (e.g. a U.S. Senate bill requiring employers to inform workers about cameras in bathrooms or locker rooms was attacked Congress and the business community) and the failure of various privacy initiatives, suggest a new approach is needed.

Although traditional beliefs in freedom of expression and privacy are important concepts, the new fundamental concept introduced by World Subjectright Foundation is Subjectrights (see some rough notes on various writings related to subjectrights) which pertains to ownership of data by the subject depicted or described by the data.

See EXISTech Corporation's satire on the concept of ``privacy'' (e.g. exposing ``privacy'' as a weak and ineffectual concept).

See also, the GAS STOVE ANALOGY to better understand the point being made by the above satire on the concept of ``privacy''.

Two kinds of Subjectrights

Subjectright pertains to ownership of data by the subject depicted or described by the data. In this context, Subjectright protects and defends that which privacy has failed to protect and defend.

However, there is also another kind of subjectright, to address the broader (though previously ineffectual) notion of privacy as the ``right to be left alone'' and to make an important distinction that otherwise conflates two disparate but important concepts. (See an essay on problems with privacy as a concept, especially when we acquiesce to having our data stolen and only constrain how it is used.)

There are two distinct kinds of Subjectrights:

• Subjectright Privacy, which protects Subjectright outbound data, by establishing ownership (in Humanistic Property) by the person depicted in or by the outbound data;
• Subjectright Solitude, which protects from unsolicited inbound data.

Subjectrights are licensed through two distinct kinds of Subjectright Agreements:

• Recipient Subjectrights Agreement: Recipients of Subjectright data agree that said data is owned by the person depicted in or by the data.
• Transmitient Subjectrights Agreement: Transmitients agree that subjecting someone to informatic material is not their right, but, rather, something that requires permission of the recipient. Moreover, Transmitients agree that deliberately (e.g. not including Subjectright Privacy) subjecting recipients to any subject matter constitutes an assignment of any rights in said subject matter to the Recipient.

Implementation of Subjectrights

• Recipient Subjectrights Agreements:
  • Subjects of the popular press;
  • Agreement for subjects of ID card photographs;
  • Subjects of a medical examination, or the like;
• Transmitient Subjectrights disAgreement, also known as the Subjectright Terms and Conditions of Use.

To declare a picture of yourself as Subjectright (denoted as circle S, or ``S'' in parentheses), insert a designation of the form: Subjectright (S) by __________ (insert your name as name of the person appearing in picture). You can take a look at examples of articles containing material protected by Subjectright.

Taming the monster with a piece of itself

Why the word THEFT is used so much in Subjectrights

Opinion piece: surveillance is theft

See an article on this topic, e.g. http://www.firstmonday.org/issues/issue5_7/mann/index.html.

Also, in http://www.firstmonday.org/issues/issue5_8/letters/index.html it has been asked why we more moderate terminology is not used, to which a reply was given.

What is Subjectright (S)?

• self ownership of body... (e.g. your own corporeal property).
• distinct from copyright: performance versus captured creation in tangible media
• subject rights versus object rights
• right to access material about yourself (e.g. rights in articles written about you by others, or rights in data about you collected by others)

How to join World Subjectrights Foundation

Membership is by invitation. Basically you show why you feel you've helped to expand the concept of Subjectrights by asserting such rights, for consideration on being adding to the free membership list.

Here are some possible ideas:

• If you're obtaining a photo ID card, help prevent theft of your own likeness by requiring the photographer to sign the Humanistic Property License Agreement (HPLA). If you obtain one of two possible successful outcomes:
  1. photographer agrees to the HPLA (e.g. agrees not to steal Humanistic Property, and to delete his or her copies of the picture so that the only copy in existence is the ID card itself);
  2. photographer provides ID card with no picture, when policy otherwise requires a picture on every ID card (e.g. your effort at imposing policy on someone else's policy causes it to be changed),
  then send us a short letter outlining your success story, along with materials such as a copy of the HPLA signed by the photographer, or a copy of the policy requiring a picture on the ID card, along with the picture-free ID card.
• Declare a work Subjectright (S). For example, you might place a picture of yourself on your WWW page, and, rather than using Copyright (C), you might choose to use the circle S, or ``S'' in parentheses), of the form: Subjectright (S) by __________ (inserting your name).
• Appear in a newspaper, magazine, on television, or other similar media, in which you are asked to sign a model release or appearance release, and then convince the media representatives to agree to a subjectrights agreement instead. For this purpose, you may wish to bring a copy of the Subjectrights Agreement Form.
• Require your doctor or health care provider to refrain from theft of your medical records, by having your doctor or health care provider sign a Subjectrights Medical Data Privacy Agreement (subjectrightsmedicalagreementform.htm)
• Fight the fingerprint: subvert or avoid being fingerprinted. Fingerprinting is for criminals. (There's already a good website on fighting the fingerprint.)
• Photograph a customs official, security guard, police photographer, gambling casino owner, or similar person, who is violating your privacy by taking pictures of you without your permission (See http://wearcam.org/shootingback.html for some ideas in this regard).
• Contribute your skills to assist in the building of a Witnessential computer for use in documenting human rights violations, war crimes, or police brutality.

In addition to simply spreading the concept of Subjectrights through usage and continual assertion of these rights, there are some specific benefits of joining World Subjectrights Foundation.

Why the word "Subject"?

• We find ourselves more and more the "subject matter" of a photograph, e.g. the subject of the picture, or the subject matter of a video or other image capture;
• Wheter a loyal subject of the state authority, or an unwilling subject of a dictator, we are often subjected to the scrutiny of the carceral state or surveillance society.

CATTLE
cat.tle
Pronunciation:  'ka-t[^&]l
Function:       noun plural
Etymology:      Middle English catel, from Old North French, personal property, 
from Medieval Latin capitale, from Latin, neuter of capitalis of the head --
more at CAPITAL
Date:   14th century
1 : domesticated quadrupeds held as property or raised for use; specifically:
    bovine animals on a farm or ranch
2 : human beings especially en masse

CHATTEL
chat.tel
Pronunciation:  'cha-t[^&]l
Function:       noun
Etymology:      Middle English chatel property, from Middle French, from Medieval Latin capitale -- more at CATTLE
Date:   14th century
SLAVE, BONDSMAN