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Behavioral targeting, freedom of speech and privacy in the age of electronic

surveillance: A value-based approach to defining privacy in transnational context

Lemi Baruh
Faculty of Communications, Kadir Has University, Kadir Has Caddesi, Cibali 34083 Istanbul TURKEY
lbaruh@gmail.com

Mihaela Popescu
Department of Communication Studies California State University, San Bernardino 5500 University Parkway San
Bernardino, CA 92407-2397 USA
popescum@csusb.edu

Keywords: Privacy, Surveillance, Data-mining, Interactive Media

Abstract: As tempting as it is to subscribe to the celebratory rhetoric of the political empowerment potential of social
media and web 2.0 generally, recent discussions on the limits of interactivity argue that, dramatic changes
notwithstanding, power relations constraining political participation are still intact. The ideal of democratic
political participation assumes not only free access to information, but also the formation of reasoned public
opinion that the free speech principle is supposed to guarantee. This paper argues that the current practices
of online behavioral tracking and targeting whereby individuals are provided with “useful” content based on
their recorded history of online activity has detrimental effects on interactive media's potential to enhance
participation in political discourse and consequently on the functioning of pluralistic democracies. The
purpose of this article is to develop a value-based conceptualization of privacy in global context that can
potentially withstand the urge to dismiss privacy as a red herring when balanced against other social goals
as security, efficiency or convenience in interactive media. In so doing, the article establishes an ethical and
normative framework that connects a criticism of the “new regime of control” characterized by current
dataveillance practices to the free speech values necessary for a healthy transnational public sphere.

1 INTRODUCTION the face recognition system that identified Mr.


Greene assigned him to a high-risk group when it
Hanging up the phone, Mr. Greene decided to wait retrieved credit card data revealing that he had
for the B3 train that would arrive in 20 minutes so recently purchased a self-help book about dealing
that his fiancée, who was running late, could take the with depression.
same train with him. He was very anxious. After all, While this hypothetical incident may seem like a
today’s job interview was an important one for him script for a low-budget science fiction movie, it
and it certainly did not go as he hoped it would. As underlines an important characteristic of current
other trains arrived in the station, Mr. Greene started trends in institutional utilization of personal
pacing back and forth, sometimes coming very close information collected from dispersed databases: As
to the edge of the platform to see if his train was many commentators have noted, contemporary
coming. His mind was too occupied to notice the surveillance systems increasingly rely on behavioral
officer who approached him from behind and information in order to make inferences (and
tackled him. Facing the floor, Mr. Greene had no predictions) about individuals (Nissenbaum, 2004;
idea what was happening. Maybe the updated Phillips, 2002). Increased utilization of behavioral
camera surveillance system (Chromatica) that information in different domains often comes with
alerted operators to suspicious behavior prompted an promises such as heightened or greater efficiency.
alarm when Mr. Greene skipped several trains, Especially in the commercial domain, collection of
paced back and forth anxiously and came very close real-time data about consumption patterns and
to the edge of the platform. It was also possible that behavioral targeting are often framed as the next

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best thing to convenience and liberate consumers. Since Michel Foucault’s Discipline & Punish: The
This is the promise of interactivity, evidenced by the Birth of the Prison (1977), Bentham’s unrealized
celebratory welcoming of the future "Web 3.0" plan for a panopticon–a prison design that would
which tells the consumers that the web browser "will facilitate constant monitoring of prisoners' behavior
act like a personal assistant. As you search the Web, from a central tower–has been a dominant frame of
the browser learns what you are interested in. The reference for many scholars studying surveillance
more you use the Web, the more your browser learns systems. In Foucaldian sense, disciplinary power has
about you and the less specific you'll need to be with a corrective function in that it trains "moving,
your questions" (Strickland 2008). confused, useless multitudes of bodies" (170) so as
At the same time that interactivity is touted as to align them with the needs of those in power.
liberating individuals, the trade-literature on Within this context, the panopticon exemplifies the
consumer surveillance and behavioral targeting ideal way of surveillance characterized by perfect
paints a very different picture within which and permanent visibility that ensures constant
interactivity is seen by institutions as an conformity.
"opportunity for enhanced control, hyper-targeting In a highly influential study of surveillance and
of advertising, and the ... rationalization of the personal information in contemporary societies,
marketing process" (Andrejevic, 2009: 42). Thus, as Gandy (1993) used the panopticon metaphor to
tempting as it may be to subscribe to the celebratory characterize the continuous collection of data about
rhetoric of the political empowerment potential of everyday behavior of individuals and sorting
interactive media (e.g. Barry, 2001) generally, recent populations as a form of rationalization of
discussions on the limits of interactivity argue that, inequality. An important characteristic of this form
dramatic changes notwithstanding, power relations of data intensive surveillance is that it relies on a
constraining political participation are still intact machine based, automated collection of personal
(Jarrett, 2008). This paper argues that the current information. Even the most innocuous transactions
practices of online behavioral tracking and targeting leave data trail that can be stored for later analysis
whereby individuals are provided with “useful” and stratification through "data mining" procedures
content based on their recorded history of online that utilize algorithms for the automatic detection of
activity has detrimental effects on interactive patterns that can be used to predict future behavior
media's potential to enhance participation in political and risk (Gandy, 2002; Zarsky, 2002, 2004).
discourse and consequently on the functioning of That the data collection and interpretation
pluralistic democracies. The purpose of this paper is process is automated has important consequences in
to develop a value-based conceptualization of terms the uncertainty that surround individuals’
privacy in global context that can potentially interaction with contemporary surveillance. Clearly,
withstand the urge to dismiss privacy as a red uncertainty was an important component of the
herring (Turow 2005a) when balanced against other disciplining function of the panopticon envisioned
social goals as security, efficiency or convenience in by Bentham. Whereas guards can observe prisoners
interactive media. In so doing, the article establishes at any time, prisoners have no way of knowing when
an ethical and normative framework that connects a they are being observed and consequently had to be
criticism of the “new regime of control” on their best behavior at all times. With respect to
characterized by current dataveillance practices freedom to express ideas, the concept “chilling
(Lovink, 2005) to the free speech values necessary effect of surveillance” underlines an important
in contemporary democracies. consequence of this uncertainty regarding when one
is being monitored. Accordingly, an individual will
be less likely to express her controversial opinions in
2 BEHAVIORAL TARGETING public if she suspected that any behavior she
engages in can be recorded (Marx, 1988).
AND CONTEMPORARY However, it is at this point that the panopticon
SURVEILLANCE metaphor may not sufficiently describe the
informational asymmetry between contemporary
2.1 From Foucaldian discipline to dataveillance regimes and their subjects. That is,
Kafkaesque rationalization: whereas in panopticon the disciplinary power was
working metaphors of partly due to the uncertainty that it introduced
regarding the timing of the presence of surveillance
surveillance (i.e. the prisoner has no way of knowing when a

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guard is present at the central tower), the prospect of snapshots of the same person will probably not
fully automated analyses of data about individuals contain factually incorrect information. Each bit of
introduces additional uncertainties (Lyon, 2001). data is actually about the subject. However,
The new surveillance does not target suspected depending on how the independent photographs are
individuals. It is carried out superficially, with an rearranged, the person may look overweight,
intention to closely investigate later (Marx, 2004). underweight or right on scale" (Baruh and Soysal,
According to Bogard (2007), not efficiency but 2009: 398).
prefficiency-being able to prevent the problem Considered from the perspective provided above,
before it happens-is the driving rationale of this form contemporary surveillance can be considered as
of control. As such, surveillance systems that rely on Kafkaesque as it is Foucaldian (Bogard, 2007; Lyon,
automated data mining are akin to a fishing 2001; Solove, 2001). In Kafka’s The Trial (1937)
expedition that starts by comparing each data-point the main character, Joseph K. is subjected to a long
to the population base. This comparison, done judicial process without ever knowing what he was
without human interpretation or prior hypotheses accused of. In The Trial Joseph K’s circumstances
about what constitutes risk, has the potential to are particularly illustrative of two characteristics of
signal any deviation as risk, which could then invite the new form of surveillance. First, the subject will
further scrutiny (Andrejevic, 2007). not know when she is being surveilled, who uses the
Take into consideration, for example, the data, who wants the information, and what or who
promise of Video Motion Anomaly Detection distinguishes acceptable behavior from risky
(VMAD) systems that not only store and digitally behavior (Lyon, 2001; Solove, 2007). Second, data
catalog images captured but also can learn to mining rationalizes surveillance (in both senses of
distinguish normal from abnormal behavior and the word) by removing humans from the
trigger human intervention only for the latter. The interpretation process. In many respects, this maybe
trade advertising of the VMAD system developed by the next step in the progression from what
Roke Manor System (2006) reads, "Unlike Andrejevic (2007) refers to as the “stoic neutrality of
conventional video motion detectors which require the social scientist and the dehumanizing character
manual programming ... VMAD learns the ‘normal’ of bureaucracy” (p.68) within which the “figure of
movements in a scene and triggers an alert when the vicious tyrant is replaced by that of the
unusual activity occurs." If so, the object of indifferent bureaucrat” (p. 69). Rather than a
surveillance, such as Mr. Greene in our hypothetical potentially biased individual, sets of procedural rules
example, will not know-and will only have the govern the proper set of responses to an individual.
chance to develop retrospective hypotheses Then, the risk (and the responsibility) associated
regarding-why his/her behavior was interpreted as a with making a decision that may harm an individual
threat. is externalized to the bureaucratic processes. On the
A related component of such uncertainty other hand, rather than dehumanizing, automated
regarding what constitutes the automated risk data mining removes humans and the traces of the
categorization is the violation of the contextual so-called human bias from the interpretation process.
integrity of information (Nissenbaum, 1998; Rosen, At this point, it is also important to note the ensuing
2000). The importance of contextual integrity of knowledge derived from the automated process of
personal information becomes all the more evident data mining is also afforded the status of a
when we consider the multiplicities of selfhood that seemingly dispassionate and objective "scientific"
we assume during different interactions (Goffman, method due to its reliance of quantification of
1959). As Herbert Mead (1934, 142) observed, information. As Roszak (1986, 19) has satirically
"There are all sorts of different selves answering to suggested with respect to the status that statistical
all sorts of different social reactions. It is the social inference attained in contemporary lives, quantified
process itself that is responsible for the appearance information "smacks of safe neutrality; it is
of the self; it is not there as a self apart from this simple, ... After all, what can anyone say against
type of experience." Whereas individuals face information?" Being touted for its potential to guide
different interactions within which different theoretical research, algorithmic thin-slicing, within
components of one's multifaceted identity may which machine learning is used to predict future
apply, automated processing of information about behavior on the basis of a short sample of previous
persons removes the self from the experience within behaviors, gets promoted to the league of social
which it was revealed (or became relevant): "A scientific research (e.g. Ahn, Jabon and Bailenson,
collage created from hundreds of independent 2009). Ironically, at the same time that algorithmic

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thin-slicing rises to the league of "social sciences" in achieve social control by creating disembodied and
terms of its "objective aura" it is usually not disempowered hierarchical aggregates (Simon,
subjected to the rigorous oversight that a typical, 1988), preferably with the full cooperation of the
theory driven social scientific inquiry would likely targets of surveillance themselves. On the one hand,
be subjected to and often does away with theoretical contemporary surveillance practices are increasingly
foresight. As such, the automation of the analytic directed at individual bodies, which are broken
and interpretative components of dataveillence down into categories of data flow and reaggregated
projects an aura of objectivity and unassailability on according to the principle of actuarial calculus into a
the process, consequently making it hardly possible “data double” of the individual. It is this very
to to challenge its premise and its interpretations. disembodiment that further justifies privacy
Thinking in terms of Foucault’s (1980) discussions invasions, insofar as the individuals need to prove
concerning the genealogy of the self in Christianity, their identity via “tokens of trust” in the form of
the similarities between the authority afforded to the personal data in exchange for access to resources,
interpretations of the spiritual master and the services or security (Lyon, 2007; 2009). On the
authority afforded to the conclusions reached by the other hand, the potential of interactive media to
contemporary surveillance is worth noting. infinitely customize individual access to such
So far, we argued that contemporary surveillance resources, services or security based on individual
belies the metaphor of the panopticon in regards to profiles invites consumer cooperation in surveillance
the targets of surveillance, the processes whereby and data gathering as a means of self-expression and
ubiquitous surveillance is achieved, and the uses for exercise of individual choice (Andrejevic, 2004).
the data thus produced. However, contemporary
surveillance further departs from the metaphor of the 2.2 Behavioral tracking and
panopticon in two other important respects. Whereas targeting
the panopticon assumed a centralized organization
and a unifying, all-observing gaze, modern, Behavioral advertisement, the practice of serving
decentralized surveillance systems act through customized ads to consumers as a function of their
linkages and overlaps. In the words of Haggerty and past buying behavior, illustrates many of the features
Ericson (2000), modern surveillance systems are of contemporary surveillance. The principle of
“surveillant assemblages” that articulate different behavioral targeting is not native to the online
spheres of data collection and control. As the context – consider the brick-and-mortar store
metaphor of the assemblage (Deleuze and Guattari, rewards card – but it has been made easy and
1987) suggests, the surveillant assemblage links ubiquitous by the use of technologies to collect data
different, institution-specific data-gathering on users’ behavior online, and match those records
practices that come together in “moments of with users’ profiles. Additionally, online ad
interdependence” (Hier, 2003) to capture snapshots networks such as those owned by the online giant
of the present in order to control the future. Google, offer a lucrative environment for data
Increasingly efficient technologies enable not only transactions with companies interested in serving
more granular data gathering and data mining ads function of real time user behavior. The
algorithms, but also the exchange of data among contemporary ability of commercial companies to
different agencies, both commercial and non- collate offline and online consumer data in order to
commercial. Such practices are “rhizomatic” - that create more efficient ways of targeting consumers
is, interconnected but dispersed (Haggerty and makes behavioral advertisement particularly
Ericson, 2000). troublesome from the point of view of consumer
Second, modern surveillance practices legitimate privacy.
themselves as ideologies by exalting individual In order to understand how behavioral
choice, individual difference and individual comfort, advertisement works, it is useful to compare it with
rather than punitive conformity. Unlike the panoptic other forms of online advertisement, such as the
organization of surveillance, contemporary contextual content targeting promoted by Google’s
surveillance is no longer addressed to normalizing AdWords and AdSense services. With AdWords,
behaviors by controlling deviant cases. No longer advertisers bid to match their ads to desired
the “disciplinarian” organization of power of the keywords. When customers use one of the keywords
panopticon, whereby social control was defined by to search the web using Google’s search engine,
the ability to forcefully secure individual compliance these ads appear as “sponsored links” above or to the
to norms, contemporary surveillance practices right of the search panel, with the listing ordered

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determined by the highest advertiser bids. In 2003, in both United States and United Kingdom with
Google introduced their AdSense system which technology to record users’ complete browsing
matches ads to the content of the webpages users are habits and target adware accordingly. By late 2007,
on and to their geographical location and other Phorm deals in England generated data on two-thirds
characteristics. Thus, contextual content of Britain’s broadband household (Auletta, 2009, p.
advertisement uses consumers’ choice of content 188). A similar plan by Charter in the United States
and consumer’s static data to provide ads matched to to try out an “anonymized” ad-delivery system using
a user’s profile. Essentially, contextual NebuAd hardware that allows the monitoring of the
advertisement online is not qualitatively different URL’s visited by Charter customers came under
from traditional media advertisement, where media congressional review in 2010.
content is used by advertisers as a proxy to For advertisers, the marketing "mass
determine the desired type of consumer to be customization" (Andrejevic, 2004) afforded by
targeted by their ads. The advantage of online behavioral tracking and targeting have immediate
technologies over legacy media is to allow both commercial advantages couched in the discourse of
media content and user characteristics to determine overall benefits and customer freedom. Thus,
which ads get served. advertisers argue that behavioral advertisement is
Unlike contextual advertising, behavioral beneficial for consumers because it reduces ad
advertising determines which ads get served to clutter by offering relevant services. Additionally,
consumers based on consumers’ interested expressed behavioral advertisement online is supposed to
over time. To a certain extent, many popular support free content online, such as free access to
websites engage in behavioral tracking and social networking services. Behavioral targeting is
advertisement. For example, Amazon uses a allegedly favorable for the online environment at
customer’s browsing history and past purchases large by providing more revenue for online
records to recommend new books. Similarly, Netflix companies, thus supporting the development of
uses customers’ past renting/streaming patterns to consumer-beneficial services. Finally behavioral
recommend new movies. However, new targeting and advertisement are even said to promote
technologies enable recording users’ behavior across free speech, insofar as it supports free blogging
websites, and collating online behavior records with services (Drumond, 2007). For privacy advocates,
offline behaviors. Known as “reality mining” (see behavioral tracking and targeting are problematic
e.g., Pentland, 2008), such technologies enable because of the lack of transparency for consumers,
correlations of behavior data with other user data the lack of a comprehensive framework for online
(such as medical or banking records), as well as privacy (at least in the United States) and because of
patterns of spatial user movement mined from GPS- potential troublesome partnerships such as those
enabled mobile phones. For example, in 2008 between ISP’s and third-party technologies for
Google integrated with DoubleClick, a company that ubiquitous tracking. In the following, we present
developed cookie technology to track users across additional arguments against contemporary
websites. With DoubleClick, Google extended its surveillance practices. Specifically, we argue that
AdSense program by, on the one hand, segmenting contemporary surveillance practices and privacy
the users along 20 categories and more than 600 violations, such as those promoted by behavioral
subcategories and, on the other hand, by tracking tracking, disempower consumers by eroding the
users across all the sites employing AdSense political potential of the online public spheres.
services and matching those behavior records to user
categories (Helft, 2008). Technologies such as
AdMob (acquired by Google) and Quattro (acquired 3 PRIVACY AND POLITICAL
by Apple) use location-based advertisement to
match users’ behaviors across online social networks PARTICIPATION
with users’ geographical location. Advertisers are
thus able to acquire information not only on the 3.1 Privacy as a Buffer for Access to
customers’ friend network online, but also on Information
customers’ location and favorite offline places.
According to some analysts, the ad sales through A central tenet of Jurgen Habermas'
AdMob will top $45 million in 2010 (Temple, conceptualization of public sphere is that a properly
2010). Phorm, a global advertising company with functioning participatory democracy will only be
headquarters in the United States, approached ISP’s possible with informed citizenry. According to

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Jerome Barron, this calls for the protection of not integrating unit of democracy. Moreover, as Joshua
only the right to "speak" and associate without being Cohen explains, the deliberation in the public sphere
subjected to coercion (or threat of coercion) but also should ideally be all-inclusive and pluralistic (cited
the right to to have access to information that is free in Habermas, 1998). Plurality in the public sphere
from bias (particularly corporate bias) (cited in does not only ensure a balancing of interests that
Baker, 1992, p.2176). would enable the functioning of democratic
The use of predictive technologies by deliberation but it would also improve the
corporations often means that the information a participants’ access to different point of views. As
citizen receives will be largely determined by the Stuart Mill explains, unless the individual has the
estimates of the views she would be more likely to ability to refute the opinions of others, indeed unless
accept rather than the information she needs in order she knows what these arguments actually are, she
to make an informed decision. The implication of would have no grounds for preferring either one
this tendency is that individuals with certain political (1859/1989). Public spheres, as long as they are
convictions will be increasingly exposed to authors inclusive and pluralistic, make it possible for
with similar views and they will only find participants to have access to a variety of people and
information that is in support of their existing ideas (Sunstein, 2007). Given the benefits of a
convictions (Sunstein 2007). Such a uniform flow diversified public sphere that is inclusive, we would
of information will deprive the individuals of the expect that the media, as dominant actors within the
ability to make critical evaluations of their existing public spheres, should be equally accessible, both in
opinions. terms of providing access to information as well as
Considered from this perspective, automated in terms of providing access to means of self
dataveillance and its utilization for behavioral expressed (Dahlgreen, 2001).
targeting of messages may threaten access to The existing practices of dataveillance and
information in two interrelated forms: First, the segmentation of public into manageable groups pose
diversity of information any individual receives is an important obstacle to the realization of this ideal
likely to decline. Second, the information that public square. Gandy (2000) draws our attention to
individuals do receive will be selected strategically the probability that the use of segmentation based on
with the purposes of leading them toward accepting profiles will aggravate existing disparities in
a particular view rather than informing them about education, income and access to informational
relevant options. Whether the vice comes in the first resources between groups in society. He suggests
form, the second form or both, the result is usually that this outcome is likely because these
the same: the decision maker is deprived of the segmentation schemes are used to facilitate the
ability to make decisions according to “careful exclusion of people who have been identified as
analysis, relevant knowledge, study and testing” being less likely to support a particular view (Gandy,
(Edelman, 2001, p.53). 2001). This process of exclusion becomes a self-
It is on the basis of these concerns that we can fulfilling prophecy when those who have been
argue that privacy rights should function so as to deemed less likely to respond appropriately and
protect individuals from becoming the targets of hence excluded from the streams of information are
dataveillance and related practices that help create most likely to be the people who need that
profiles that are used to segment people into more information the most.
manageable and manipulable groups. It is only in According to Robert Putnam (2000) one of the
this space, outside the circle of the automated most important consequences of such exclusion is
dataveillance and segmentation practices, where an the loss of trust among those who have been
individual has a chance to be exposed to the excluded. Putnam demonstrates this tendency by
information and ideas she might otherwise miss. showing that thin trust – the trust in generalized
others as opposed to thick trust, which is trust in
3.2 Dataveillance and those whom a person knows well– was significantly
Disengagement lower among demographic groups that had been
excluded. The importance of thin trust stems from its
In addition to requiring informed citizenry, the role in enhancing individual engagement in
Habermasian public sphere must also be diversified communal life. This engagement in communal life,
and autonomous from the influence of money even if it does not end with an agreement between
(economic system) and administrative power (public the individuals or between the individuals and the
administration) if it is to function as a socially collective, still makes it likely that people will

224
identify with the decision process and thereby that is more extreme than the initial views of most of
embrace the government as their own (Post, 1995). the members.
What is also important to notice, at this point, is the Turner (1991) proposes three possible
claim that such engagements in communal live mechanisms that might lead to group polarization.
follow recognized patterns of conduct (Giddens, Of the three mechanisms that he proposes,
1984). The repetition of patterns, including not only Persuasive Arguments Theory stands out as the one
the physical setting but also the conventions of that most relevantly explicates how informational
interaction and gestures during co-presence, is key influences within a group may lead to group
to the routinization of social encounters that enable polarization. According to this theory, different
the 'fixity' of institutions. The process of members of the same group will share the same
routinization, which increases an agent’s ability to opinions on the basis of different reasons. However,
predict her day-to-day activities and thereby within group deliberation works so as to expand the
maintain her "ontological security", is also crucial initial pool of persuasive arguments that individual
for her sense of autonomy. The vitality of routine members of the group held. Such an expansion in
interactions lies not only in their being integral to the set of persuasive arguments that individual
continuity of the "personality of an agent" but also members hold reinforces the members’ opinions,
their being integral to the continuity of the social thereby pushing their beliefs to the extreme. Hence,
institutions. The question then becomes what in an environment of discussion where the same
happens when the routine is interrupted? view is based upon different (and probably
Potentially, the loss of social contact introduces a compatible) reasons, the opinions of the individuals
new routine, in which diversity in our interactions is (and the group) will exhibit marked polarization to
the exception rather than the rule. Consequently, the extreme (pp.64-66).
excluded agents would be deprived of the One of the most important implications of such a
opportunities to practice and develop the valuable process is that different subgroups will be set apart
conventions of interaction. Hence, the act of from each other. This polarization of diverse groups
interaction would become the new interrupter of will inhibit interactions between members of these
routine, at worst unwelcomed, at best an action that groups and this will, as a result, lead to a loss of
the individual is not sufficiently equipped to mutual understanding (Sunstein, 2001, p.48), and
undertake. respect (p.49). The technological promise of the
Internet has lured many into believing that the
3.3 Commercial Segmentation and Internet would expand the prospects of democratic
Political Polarization deliberation. Kang (2000) for example, claims that
the Internet could be mobilized so as to enable
In the preceding section, the loss of trust among contact between racial groups, which would not
those who were excluded was explained with otherwise interact with each other due to geographic
references to the processes through which and other forms of segregation. Similarly, Putnam
individuals in certain segments lose their thin trust argues that communication on the Internet may
as a result of not being offered the opportunity to enable the formation of groups on the basis of
learn; the opportunity to associate with others; and interest rather than shared space (172). Putnam also
the opportunity to engage in democratic deliberation. argues contends that unlike interactions in real life
At this point, another factor that has been linked to a communities, individuals in virtual communities
fall in social trust and relatedly to behavioral have a greater prospect of overcoming factors such
targeting and segmentation of individuals is group as differences in age, race and income. Such
polarization (Sunstein, 2007; Turner, 1991). communities would thereby become more
This process, named group polarization by both heterogeneous.
Turner (1991) and Sunstein (2001), can be defined While interactive media can be perceived to have
as a process through which people move to accept the potential to decrease the limitations posed by
and express more extreme views after deliberating geographical location, it should also be noted that
with others who share similar perspectives. In other the use of information systems for the purposes of
words, the increased segmentation of individuals clustering individuals into groups poses an important
which leads to their being engaged in discussions threat to the realization of this potential (Gandy,
with people who share similar views, will move the 2001; 147). Indeed, cyberspace, when compared to
group and the individuals within the group to a point the real space, is a much more efficient venue in
where group members on the average share a view which finely grained information about individuals

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can be collected. Unlike public spheres in real than inform them. Second, the segmentation
space, an individual’s discussions in the virtual capabilities of corporations will also have
public sphere are much more likely to be recorded deleterious and discriminatory consequences for the
and saved. While the coding of such information political efficacy of certain ‘undervalued’ groups.
constitutes an important challenge, the political Commercial segmentation of these online groups
strategists have already begun utilizing the data might lead not only to erosion of group trust, but
generated from the virtual public spheres as a means also to a routinization of disengagement in social
of segmenting the citizens (Gandy, 2001, p.151). interactions. Finally, segmentation of populations
The implication of such use of data gathered from might lead to an increased polarization between
the virtual public spheres is that the cyberspace will factions in a pluralistic environment.
increasingly contribute to the reproduction of the
dynamics of group polarization—a tendency that
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the Internet Society. Maine Law Review, 56, 13-59.

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