Sorry folks. I've been overly involved in this one. I'm sorry if I've taxed your patience.
The positions I've taken today have sounded very "establishment." My actual belief system is somewhat contrary to some of what I've noted. In general, this new media climate is REALLY challenging for IP law. I teach about it all the time, usually AGAINST the current regime.
"WE the people" have NOT been adequately represented by our elected officials in these matters. They've given over law making, for 100 years, to industry legal beagles. So now that the law has to apply to everyman, it can't cause it was written by and for the big content industries. And the law changes real slow. And the last time it changed (DMCA) it headed further against users. We have no IP law for new media users.
However, we DO have a lot of IP law that IS still in place and DOES get applied, everyday. Just because many ignore it does NOT make it irrelevant. And of course, US IP law does not in every place apply.
In general what I believe about data collection is that informed consent is pretty darned important and that, generally speaking, human subjects should be protected as thoroughly as we can. Having said that, I've both done a lot of field research and I'm real clear about the various nuances of public/private & permissions. I did my dissertation using a recording walkman, set on record in full view, without any permissions, in retail shops, among random and anonymous subjects who were totally unaware they were research subjects. That work would be illegal today and I wouldn't be able to get the permission of the stores--I did then. It was legal 25 years ago in the states in which I did the work . . . so I understand both sides of the fence. I tend, now, to be a bit more conservative about such matters than I was in my graduate school days.
the nature of the internet certainly complicates all of these matters tremendously.
I need to stop harping now. ... please understand if I don't answer your worthy questions past this post. . . my hands hurt. I continue to monitor the list of esteemed colleagues, in who almost every case know WAY more than do I about internet research, with interest and respect.
peace
ed