“Online Service Providers, Fidelity and the Duty of Loyalty” in Ethics and Electronic Information, ed. Thomas Mendina and Barbara Rockenbach (Jefferson, North Carolina: McFarland Press, 2002).
In this chapter, I explore the possible privacy ramifications of our increasing reliance on Online Service Providers (OSPs), not only to provide quality informational services, but also to store and otherwise manage our private information online. Acknowledging that the current architecture of the networked world is moving towards a centralized (rather than end-to-end) computing model, this chapter investigates the degree to which OSPs are in a position of control and the extent to which they are duty-bound to safeguard our personal information. In particular, I question whether the moral institution of fidelity and the law of contract will adequately govern the relationships between OSPs and their users. Given that many OSPs break their promises with impunity and others make no such promises to begin with, I suggest that an alternative set of duties might be derived from the very nature of the relationship between some OSPs and their users- the fiduciary relationship. I conclude the chapter by proposing that when the criteria of a fiduciary relationship are met, it is possible to impose a duty of loyalty on some OSPs, requiring them to remain loyal to users whether it is in their best interest to do so or not.
