The Future of Reputation by
Teeming with chatrooms, online discussion groups, and blogs, the Internet offers previously unimagined opportunities for personal expression and communication. But there’s a dark side to the story. A trail of information fragments about us is forever preserved on the Internet, instantly available in a Google search. A permanent chronicle of our private lives--often of dubious reliability and sometimes totally false--will follow us wherever we go, accessible to friends, strangers, dates, employers, neighbors, relatives, and anyone else who cares to look. This engrossing book, brimming with amazing examples of gossip, slander, and rumor on the Internet, explores the profound implications of the online collision between free speech and privacy. Daniel Solove, an authority on information privacy law, offers a fascinating account of how the Internet is transforming gossip, the way we shame others, and our ability to protect our own reputations. Focusing on blogs, Internet communities, cybermobs, and other current trends, he shows that, ironically, the unconstrained flow of information on the Internet may impede opportunities for self-development and freedom. Long-standing notions of privacy need review, the author contends: unless we establish a balance between privacy and free speech, we may discover that the freedom of the Internet makes us less free.
I Know Who You Are and I Saw What You Did by
A leading specialist on social networks writes a shocking exposé of the widespread misuse of our personal online data and creates a Constitution for the web to protect us. Social networks are the defining cultural movement of our time. Over a half a billion people are on Facebook alone. If Facebook were a country, it would be the third largest nation in the world. But while that nation appears to be a comforting small town in which we can share photos of friends and quaint bits of trivia about our lives, it is actually a lawless battle zone—a frontier with all the hidden and unpredictable dangers of any previously unexplored place. Social networks offer freedom. An ordinary individual can be a reporter, alerting the world to breaking news of a natural disaster or a political crisis. A layperson can be a scientist, participating in a crowd-sourced research project. Or an investigator, helping cops solve a crime. But as we work and chat and date (and sometimes even have sex) over the web, traditional rights may be slipping away. Colleges and employers routinely reject applicants because of information found on social networks. Cops use photos from people’s profiles to charge them with crimes—or argue for harsher sentences. Robbers use postings about vacations to figure out when to break into homes. At one school, officials used cameras on students’ laptops to spy on them in their bedrooms. The same power of information that can topple governments can also topple a person’s career, marriage, or future. What Andrews proposes is a Constitution for the web, to extend our rights to this wild new frontier. This vitally important book will generate a storm of attention.
Outrageous Invasions by
In Outrageous Invasions: Celebrities' Private Lives, Media, and the Law, Professor Robin D. Barnes examines the role and nature of privacy in Western democracies. Celebrities are routinely subjected to stalking, harassment, invasion of privacy, and defamation. These occurrences are oftenviolations of their constitutional rights. Professor Barnes addresses growing concerns about the widespread immunity from liability enjoyed by United States tabloid publishers. Outrageous Invasions chronicles these experiences and the legal battles waged by celebrities in both the United States andEuropean Union against a press corps that continuously invades their private lives. Professor Barnes analyzes doctrinal developments in cases from the United States Supreme Court and the High Courts of Europe. These cases demonstrate that American celebrities are entitled to, but not receiving, the same protections as their European counterparts. In Outrageous Invasions, ProfessorBarnes explains the value of the rights of the individual to democratic nations. She notes the importance of insuring appropriate protection for freedom of expression and associational freedom through meaningful regulation in the instances when speech rights collide with equally important valuessuch as privacy and equality.
Nothing to Hide by
"If you've got nothing to hide," many people say, "you shouldn't worry about government surveillance." Others argue that we must sacrifice privacy for security. But as Daniel J. Solove argues in this important book, these arguments and many others are flawed. They are based on mistaken views about what it means to protect privacy and the costs and benefits of doing so. The debate between privacy and security has been framed incorrectly as a zero-sum game in which we are forced to choose between one value and the other. Why can't we have both? In this concise and accessible book, Solove exposes the fallacies of many pro-security arguments that have skewed law and policy to favor security at the expense of privacy. Protecting privacy isn't fatal to security measures; it merely involves adequate oversight and regulation. Solove traces the history of the privacy-security debate from the Revolution to the present day. He explains how the law protects privacy and examines concerns with new technologies. He then points out the failings of our current system and offers specific remedies. Nothing to Hide makes a powerful and compelling case for reaching a better balance between privacy and security and reveals why doing so is essential to protect our freedom and democracy.
The Dual System of Privacy Rights in the United States by
Theoretically, the right to privacy is an individual's right to space away from the public gaze to make life choices that are best for her or him, regardless of the beliefs of the majority. Yet the right to privacy in the United States has proven problematic for both political theorists and constitutional scholars, as it does not conform to theoretical conceptions of privacy or to existing theories of constitutional development. Mary McThomas provides a new model that helps us to think about both the right to privacy as well as constitutional development. She first divides privacy issues into two categories, and then illustrates how the two categories are treated differently. The first category, proprietary privacy, covers such issues as medical records and wiretapping. The second category, decisional privacy, involves making decisions about intimate matters such as the right to die, same-sex marriage, and abortion. McThomas tracks and assesses higher court cases in conversational privacy, representative of proprietary privacy, and court cases in marital privacy, representative of decisional privacy. She concludes that the most notable difference between the different types of privacy is that decisional privacy has evolved more slowly towards constitutionalization, and so is much more likely to be limited by community standards and social norms. This book brings the theoretical conceptions and the practice of privacy rights together, explaining what has happened in the area up until this point, and offering ways to predict how the courts will handle some of today's most contentious issues.
Open Book by
With financial and other personal information about us in countless databases, there is a pervasive concern in many countries that we have little control over access to potentially harmful uses of that information and that little can be done to address the problem except to give out as little information as possible and try our best to monitor our credit reports and financial accounts in an effort to detect unexpected activity if it occurs. By not enacting strong information privacy laws in the non-governmental sector, the U.S. Congress and the fifty states have effectively defaulted to a market-based model of privacy protection that relies heavily on individual self-policing and market incentives as the primary means of information control. A self-policing privacy protection model could be effective if a market for information privacy were possible-if well informed individuals could shop their privacy preferences effectively. This book examines the reasons why this is highly unlikely and why privacy laws in the United States (or the lack thereof) will not protect legitimate consumer interests in the years to come.
Federal Dataveillance by 
Privacy, Confidentiality, and Health Research by
The potential of the e-health revolution, increased data sharing, database linking, biobanks and new techniques such as geolocation and genomics to advance human health is immense. For the full potential to be realized, though, privacy and confidentiality will have to be dealt with carefully. Problematically, many conventional approaches to such pivotal matters as consent, identifiability, and safeguarding and security are inadequate. In many places, research is impeded by an overgrown thicket of laws, regulations, guidance and governance. The challenges are being heightened by the increasing use of biospecimens, and by the globalization of research in a world that has not globalized privacy protection. Drawing on examples from many developed countries and legal jurisdictions, the book critiques the issues, summarizes various ethics, policy, and legal positions (and revisions underway), describes innovative solutions, provides extensive references and suggests ways forward.
At Home in the Law by
In the past forty years, the idea of home, which is central to how the law conceives of crime, punishment, and privacy, has changed radically. Legal scholar Jeannie Suk shows how the legitimate goal of legal feminists to protect women from domestic abuse has led to a new and unexpected set of legal practices. Suk examines case studies of major legal developments in contemporary American law pertaining to domestic violence, self-defense, privacy, sexual autonomy, and property in order to illuminate the changing relation between home and the law. She argues that the growing legal vision that has led to the breakdown of traditional boundaries between public and private space is resulting in a substantial reduction of autonomy and privacy for both women and men.
Lessons from the Identity Trail by
During the past decade, rapid developments in information and communications technology have transformed key social, commercial and political realities. Within that same time period, working at something less than internet speed, much of the academic and policy debates arising from these new and emerging technologies have been fragmented. There have been few examples of interdisciplinary dialogue about the potential for anonymity and privacy in a networked society. Lessons from the Identity Trail fills that gap, and examines key questions about anonymity, privacy and identity in an environment that increasingly automates the collection of personal information and uses surveillance to reduce corporate and security risks. This project has been informed by the results of a multi-million dollar research project that has brought together a distinguished array of philosophers, ethicists, feminists, cognitive scientists, lawyers, cryptographers, engineers, policy analysts, government policy makers and privacy experts. Working collaboratively over a four-year period and participating in an iterative process designed to maximize the potential for interdisciplinary discussion and feedback through a series of workshops and peer review, the authors have integrated crucial public policy themes with the most recent research outcomes.
Law of Financial Privacy by 
Privacy and the Internet by Privacy Law and the USA Patriot ACT by 
Informational and Decisional Privacy by 
Privacy in Context by
Privacy is one of the most urgent issues associated with information technology and digital media. This book claims that what people really care about when they complain and protest that privacy has been violated is not the act of sharing information itself--most people understand that this is crucial to social life --but the inappropriate, improper sharing of information. Arguing that privacy concerns should not be limited solely to concern about control over personal information, Helen Nissenbaum counters that information ought to be distributed and protected according to norms governing distinct social contexts--whether it be workplace, health care, schools, or among family and friends. She warns that basic distinctions between public and private, informing many current privacy policies, in fact obscure more than they clarify. In truth, contemporary information systems should alarm us only when they function without regard for social norms and values, and thereby weaken the fabric of social life.
Privacy Rights by
Privacy Rights: Cases Lost and Causes Won Before the Supreme Court is a unique and timely study of the judicial process as it confronts four privacy issues: birth control, gay rights, abortion, and the right to die. The moral questions surrounding these subjects create intense and enduring debates about the scope and limits of the right to privacy. In four historic cases the right to privacy was struck down by the Supreme Court; in four later cases these rulings were overturned. Why? This book explains the original failure by analyzing attorneys' mistakes, miscommunication in the judicial conference, attitudes and policy predilections of the justices, and the negative attitudes of state officials and interest groups. The ultimate win for privacy rights is an exciting story involving well-known cases like Lawrence v. Texas, Planned Parenthood v. Casey, Griswold v. Connecticut, and the case of Terri Schiavo. Through the personal and legal details of these dramatic stories, the debate on privacy rights comes alive.
Privacy and Data Protection in Business by 
Privacy by
The disturbing reality of contemporary life is that technology has laid bare the private facts of most people's lives. Email, cell phone calls, and individual purchasing habits are no longer secret. Individuals may be discussed on a blog, victimized by an inaccurate credit report, or have their email read by an employer or government agency without their knowledge. Government policy, mass media, and modern technology pose new challenges to privacy rights, while the law struggles to keep up with the rapid changes. Privacy: The Lost Right evaluates the status of citizens' right to privacy in today's intrusive world. Mills reviews the history of privacy protections, the general loss of privacy, and the inadequacy of current legal remedies, especially with respect to more recent privacy concerns, such as identity theft, government surveillance, tabloid journalism, and video surveillance in public places. Mills concludes that existing regulations do not adequately protect individual privacy, and he presents options for improving privacy protections.
Internet and Surveillance by
In a world of global economic competition, economic crisis, & fear of terrorism after 9/11, both corporations & state actors have a growing interest in accessing personal data. Contributors explore the changing online landscape, addressing topics such as commercial data collection, self-disclosure in the social web & surveillance of file-sharers.
Privacy and the Media by
Author Website: http://informationprivacylaw.com In Privacy and the Media, Daniel Solove and Paul Schwartz provide thorough coverage of issues involving privacy, freedom of speech, and freedom of the press. Privacy and the Media examines privacy torts, First Amendment restrictions on privacy torts, and the key cases and legislation that shape the legal landscape of information privacy law and the media. An engaging introduction to the topic and an ideal text for a wide range of courses, Privacy and the Media features: In-depth coverage of information privacy law and media issues Privacy torts -- intrusion upon seclusion, public disclosure of private facts, false light, and appropriation of name or likeness Defamation, First Amendment limitations on defamation law, and defamation online First Amendment restrictions on privacy torts The right of publicity and intentional infliction of emotional distress A general introduction to privacy, including philosophical perspectives on the concept and value of privacy, economic and sociological perspectives, leading arguments for and against privacy, and a broad overview of the history and development of privacy law Important statutory material The Video Voyeurism Prevention Act The California Anti-Paparazzi Act The Communications Decency Act, § 230 A rich selection of landmark and milestone cases and materials, such as Warren and Brandeis's "The Right to Privacy" Sidis v. F-R Publishing Corp., Sipple v. Chronicle Publishing Co., Schulman v. Group W Productions, Inc., and other cases exploring the tension between the privacy torts and free speech Cox Broadcasting Corp. v. Cohn, Florida Star v. B.J.F., Bartnicki v.Vopper , and other U.S. Supreme Court cases involving the First Amendment limitations on privacy protections New York Times v. Sullivan, Gertz v. Robert Welch, Inc., Zeran v. America Online, Inc., and other cases involving defamation, libel, public figures, and online speech. Timely discussion of blogging and Internet gossip Clear and concise explanations of the law Casebook Website: http://informationprivacylaw.com
Spying on Democracy by
"Everyone of us is under the omniscient magnifying glass of the government and corporate spies. . . . How do we respond to this smog of surveillance? Start by reading Spying on Democracy: Government Surveillance, Corporate Power, and Public Resistance by Heidi Boghosian" - Bill Moyers"With ex-CIA staffer Edward Snowden's leaks about National Security Agency surveillance in the headlines, Heidi Boghosian's Spying on Democracy: Government Surveillance, Corporate Power, and Public Resistance feels especially timely. Boghosian reveals how the government acquires information from telecommunications companies and other organizations to create databases about 'persons of interest.'" - Publishers Weekly "Heidi Boghosian's Spying on Democracy is the answer to the question, 'if you're not doing anything wrong, why should you care if someone's watching you?'"-Michael German, Senior Policy Counsel, ACLU and former FBI agentUntil the watershed leak of top-secret documents by Edward Snowden to the Guardian UK and the Washington Post, most Americans did not realize the extent to which our government is actively acquiring personal information from telecommunications companies and other corporations. As made startlingly clear, the National Security Agency (NSA) has collected information on every phone call Americans have made over the past seven years. In that same time, the NSA and the FBI have gained the ability to access emails, photos, audio and video chats, and additional content from Google, Facebook, Yahoo, Microsoft, YouTube, Skype, Apple, and others, allegedly in order to track foreign targets.In Spying on Democracy, National Lawyers Guild Executive Director Heidi Boghosian documents the disturbing increase in surveillance of ordinary citizens and the danger it poses to our privacy, our civil liberties, and to the future of democracy itself. Boghosian reveals how technology is being used to categorize and monitor people based on their associations, their movements, their purchases, and their perceived political beliefs. She shows how corporations and government intelligence agencies mine data from sources as diverse as surveillance cameras and unmanned drones to iris scans and medical records, while combing websites, email, phone records and social media for resale to third parties, including U.S. intelligence agencies.The ACLU's Michael German says of the examples shown in Boghosian's book, "this unrestrained spying is inevitably used tosuppress the most essential tools of democracy: the press, political activists, civil rights advocates and conscientious insiders who blow the whistle on corporate malfeasance and government abuse." Boghosian adds, "If the trend is permitted to continue, we will soon live in a society where nothing is confidential, no information is really secure, and our civil liberties are under constant surveillance and control." Spying on Democracy is a timely, invaluable, and accessible primer for anyone concerned with protecting privacy, freedom, and the U.S. Constitution. Heidi Boghosian is the Executive Director of the National Lawyers Guild. She co-hosts Law and Disorder, broadcast on WBAI-FM in New York and over forty stations nationwide. She is based in New York City.
Information Privacy by
Logically organized into conceptual categories, such as National Security, Employment Privacy, International Privacy, Financial Privacy, and Health and Genetic Privacy, Information Privacy: Statutes and Regulations is a compilation of the significant laws and regulations that have shaped the landscape of privacy law. Law school students, lawyers, regulators, and privacy professionals will find this reference source indispensable. Reflecting the current era of intense privacy legislation, as well as the historical context and development of privacy law, this text includes more than 50 statutes and regulations such as: APEC Privacy Framework Bank Secrecy Act Cable Communications Policy Act California Breach Notification Statute California's SB1 CAN-SPAM Act Children's Online Privacy Protection Act Computer Fraud and Abuse Act Council of Europe Convention on Privacy DNA Identification Act Drivers Privacy Protection Act Electronic Communications Privacy Act Employee Polygraph Protection Act EU Data Protection Directive EU Data Retention Directive Fair Credit Reporting Act Family Educational Rights and Privacy ActForeign Intelligence Surveillance Act Freedom of Information Act FTC Act Gramm-Leach-Bliley Act HIPAA Regulations Identity Theft Assumption and Deterrence Act OECD Privacy Guidelines PIPEDA Privacy Act Privacy Protection Act Real ID Act Right to Financial Privacy Act Safe Harbor Arrangement Telecommunications Act Telephone Consumer Protection Act Universal Declaration of Human Rights Video Privacy Protection Act
Privacy Law by
Legal issues related to privacy are exploding on the U.S. legal scene. The EU has a long history of a strong regulatory privacy regime. The U. S., however, follows a sectoral approach to privacy, whereby Congress responds to each privacy "crisis" with a new statute and set of regulations. This sectoral approach has resulted in a unique series of privacy rules for different areas of society. The Privacy Nutshell briefly reviews the historical roots of privacy, and then examines each of these U.S. privacy statutes and regulations. Virtually all governments and businesses face privacy considerations as technology continues to evolve. The Privacy Nutshell is an excellent introductory guide to the legal privacy world.
Privacy Law Fundamentals by 
Unpopular Privacy by
Can the government stick us with privacy we don't want? It can, it does, and according to Anita L. Allen, it may need to do more of it. Privacy is a foundational good, Allen argues, a necessary tool in the liberty-lover's kit for a successful life. A nation committed to personal freedom must be prepared to mandate privacy protections for its people, whether they eagerly embrace them or not. This unique book draws attention to privacies of seclusion, concealment, confidentiality and data-protection undervalued by their intended beneficiaries and targets--and outlines the best reasons for imposing them. Allen looks at laws designed to keep website operators from collecting personal information, laws that force strippers to wear thongs, and the myriad employee and professional confidentiality rules--including insider trading laws--that require strict silence about matters whose disclosure could earn us small fortunes. She shows that such laws recognize the extraordinary importance of dignity, trust and reputation, helping to preserve social, economic and political options throughout a lifetime.
Privacy, Property and Personality by
The protection of privacy and personality is one of the most fascinating issues confronting any legal system. This book provides a detailed comparative analysis of the laws relating to commercial exploitation of personality in France, Germany, the United Kingdom and the United States. It examines the difficulties in reconciling privacy and personality with intellectual property rights in an individual's identity and in balancing such rights with the competing interests of freedom of expression and freedom of competition. This analysis will be useful for lawyers in legal systems which have yet to develop a sophisticated level of protection for interests in personality. Equally, lawyers in systems which provide a higher level of protection will benefit from the comparative insights into determining the nature and scope of intellectual property rights in personality, particularly questions relating to assignment, licensing, and post-mortem protection.
Information Privacy Law by
Now this rapidly evolving area of law finally has the text it deserves. Written by two of the field's leading figures, this book's readings and cases cover the full range of privacy issues, from Megan's Law to employee monitoring to genetic privacy. it also includes the first extensive coverage of several important topics, especially in such key areas as medical privacy and international law. This new title is succinct, making it easier to teach from and more engaging to students. The best work on privacy law to date, this new text features : a 'dream team' author collaboration between Daniel J. Solove, one of the field's most prolific and respected scholars, and Marc Rotenberg, one of the leading experts in internet law and best-known privacy advocates in the world. a format that's easy to teach, with clear, engaging introductions to each topc, less extraneous material, a sharper focus on major cases, and an accessible organization for two- or three-credit courses stimulating readings and pedagogy that cover the full spectrum of privacy issues and controversies, including such topics as Megan's Law, genetic privacy, internet profiling and cookies, government computer searches, employee monitoring, and more the content you want in a flexible format, featuring: thorough coverage in eight chapters: Introduction to Privacy Privacy And The Media Health and Genetic Privacy Privacy and Law Enforcement Privacy of Associations, Anonymity, and Identification Privacy, Records, and Computer Databases Privacy and Place International Privacy insightful analysis of all the major cases including Bartnicki v. Vopper, Watchtower Bible v. Village of Stratton, United States v. Kyllo, McVeigh v. Cohen, United States v. Kennedy, Doe v. 2themart, United States v. Simons, and others explanations of key statutes and regulations such as the Freedom of Information Act, Children's Online Privacy Protection Act, European Union Data Protection Directive, Electronic Communications Privacy Act, and more
Privacy Law by Privacy and Privacy Rights by 
The Digital Person by
Seven days a week, twenty-four hours a day, electronic databases are compiling information about you. As you surf the Internet, an unprecedented amount of your personal information is being recorded and preserved forever in the digital minds of computers. For each individual, these databases create a profile of activities, interests, and preferences used to investigate backgrounds, check credit, market products, and make a wide variety of decisions affecting our lives. The creation and use of these databases--which Daniel J. Solove calls "digital dossiers"--has thus far gone largely unchecked. In this startling account of new technologies for gathering and using personal data, Solove explains why digital dossiers pose a grave threat to our privacy. The Digital Person sets forth a new understanding of what privacy is, one that is appropriate for the new challenges of the Information Age. Solove recommends how the law can be reformed to simultaneously protect our privacy and allow us to enjoy the benefits of our increasingly digital world. The first volume in the series EX MACHINA: LAW, TECHNOLOGY, AND SOCIETY
Publicity Rights and Image by
Academics and practitioners are currently divided on the issues involved in permitting and regulating the commercial exploitation of publicity. 'Publicity' is the practice of using an individual's name, image and reputation to promote products or to provide media coverage, often in gossip magazines and the tabloid press. This book provides a theoretical and multi-jurisdictional review of the nature of publicity practice and its appropriate legal regulation. The book includes a detailed exploration of the justifications advanced in favour of publicity rights and those that are advanced against. Removing the analysis from any one jurisdiction the book examines current academic and judicial perspectives on publicity rights in a range of jurisdictions, drawing out similarities and differences, and revealing a picture of current thinking and practice which is intellectually incoherent. By then clearly defining the practice of publicity and examining justifications for and against, the author is able to bring the nature and shape of the right of publicity into much sharper focus.The book includes a careful consideration of possible limits to any right of publicity, the potential for assigning publicity rights or transferring them post mortem, and whether defences can be offered. The author concludes by arguing for a publicity right which provides a degree of protection for the individual but which is significantly curtailed to recognise valid competing interests.This is a work which will be of interest to academics and practitioners working in the field of publicity, privacy and intellectual property.
Understanding Privacy by
Offering a comprehensive overview of the difficulties involved in discussions of privacy and ultimately providing a provocative resolution, the author argues that no single definition can be workable, but rather that there are multiple forms of privacy, related to one another by family resemblances.
Secrecy Wars by
The public and the media are fascinated by U.S. government secrets, real and imagined, yet very few people know how the process of obtaining formerly secret documents works. Secrecy Wars is a look inside the American secrecy system as it is accessed through the Freedom of Information Act (FOIA) and the Privacy Act. With its perspective that of a political legal drama, this important new book will not only entertain and inform but also influence the legal, journalism, and political communities.
SuperVision by
We live in a surveillance society. Anyone who uses a credit card, cell phone, or even search engines to navigate the Web is being monitored and assessed-and often in ways that are imperceptible to us. The first general introduction to the growing field of surveillance studies, "SuperVision" uses examples drawn from everyday technologies to show how surveillance is used, who is using it, and how it affects our world. Beginning with a look at the activities and technologies that connect most people to the surveillance matrix, from identification cards to GPS devices in our cars to Facebook, John Gilliom and Torin Monahan invite readers to critically explore surveillance as it relates to issues of law, power, freedom, and inequality. Even if you avoid using credit cards and stay off Facebook, they show, going to work or school inevitably embeds you in surveillance relationships. Finally, they discuss the more obvious forms of surveillance, including the security systems used at airports and on city streets, which both epitomize contemporary surveillance and make impossibly grand promises of safety and security. Gilliom and Monahan are among the foremost experts on surveillance and society, and, with "SuperVision, " they offer an immensely accessible and engaging guide, giving readers the tools to understand and to question how deeply surveillance has been woven into the fabric of our everyday lives.
The Offensive Internet by
The Internet has been romanticized as a zone of freedom. The alluring combination of sophisticated technology with low barriers to entry and instantaneous outreach to millions of users has mesmerized libertarians and communitarians alike. Lawmakers have joined the celebration, passing the Communications Decency Act, which enables Internet Service Providers to allow unregulated discourse without danger of liability, all in the name of enhancing freedom of speech. But an unregulated Internet is a breeding ground for offensive conduct. At last we have a book that begins to focus on abuses made possible by anonymity, freedom from liability, and lack of oversight. The distinguished scholars assembled in this volume, drawn from law and philosophy, connect the absence of legal oversight with harassment and discrimination. Questioning the simplistic notion that abusive speech and mobocracy are the inevitable outcomes of new technology, they argue that current misuse is the outgrowth of social, technological, and legal choices. Seeing this clearly will help us to be better informed about our options. In a field still dominated by a frontier perspective, this book has the potential to be a real game changer. Armed with example after example of harassment in Internet chat rooms and forums, the authors detail some of the vile and hateful speech that the current combination of law and technology has bred. The facts are then treated to analysis and policy prescriptions. Read this book and you will never again see the Internet through rose-colored glasses.
The Right to Privacy by
More than 80 years ago, U.S. Supreme Court Justice Louis D. Brandeis called the right to privacy 'the most comprehensive of rights and the right most valued by civilized men.' The idea of privacy includes the ability to control one's personal information, protection from intrusive law enforcement, and freedom from the prying eyes of others. Today, however, this right is being challenged in many ways. In addition to discussing the Fourth Amendment's guarantee of protection from unreasonable searches and seizures, ""The Right to Privacy"" examines issues pertaining to the media's need to gather news, the government's power to conduct surveillance, employers' ability to monitor and control the workplace, and the ways technology has challenged this fundamental American right.
Imagining New Legalities by
Imagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains---the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the 4th amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information.
More Essential Than Ever by
When the states ratified the Bill of Rights in the eighteenth century, the Fourth Amendment seemed straightforward. It requires that government respect the right of citizens to be "secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Of course,"papers and effects" are now digital and thus more vulnerable to government spying. But the biggest threat may be our own weakening resolve to preserve our privacy. In this potent new volume in Oxford's Inalienable Rights series, legal expert Stephen J. Schulhofer argues that the Fourth Amendment remains, as the title says, more essential than ever. From data-mining to airport body scans, drug testing and aggressive police patrolling on the streets, privacy isunder assault as never before - and we're simply getting used to it. But the trend is threatening the pillars of democracy itself, Schulhofer maintains. "Government surveillance may not worry the average citizen who reads best-selling books, practices a widely accepted religion, and adheres tomiddle-of-the-road political views," he writes. But surveillance weighs on minorities, dissenters, and unorthodox thinkers, "chilling their freedom to read what they choose, to say what they think, and to associate with others who are like-minded." All of us are affected, he adds. "When unrestrictedsearch and surveillance powers chill speech and religion, inhibit gossip and dampen creativity, they undermine politics and impoverish social life for everyone." Schulhofer offers a rich account of the history and nuances of Fourth Amendment protections, as he examines such issues as street stops, racial profiling, electronic surveillance, data aggregation, and the demands of national security. The Fourth Amendment, he reminds us, explicitly authorizesinvasions of privacy - but it requires justification and accountability, requirements that reconcile public safety with liberty. Combining a detailed knowledge of specific cases with a deep grasp of Constitutional law, More Essential than Ever offers a sophisticated and thoughtful perspective on this important debate.
Privacy, Information, and Technology by
A comprehensive and in-depth treatment of all the important information privacy issues.Features: An extensive and clear background about the law and policy issues relating to information privacy and computers, databases, and the Internet Coverage of government surveillance topics, such as Fourth Amendment, sensory enhancement technologies, wiretapping, computer searches, ISP records, the Electronic Communications Privacy Act, the Foreign Intelligence Surveillance Act, and the USA-Patriot Act A thorough examination of new issues such as privacy and access to public records, government access to personal information, airline passenger screening and profiling, data mining, identity theft, consumer privacy, and financial privacy Several additional and new cases for coverage of the Fair Credit Reporting Act, the Privacy Act, and identity theft. Coverage of emerging information technologies such as computer databases, RFID, cookies, spyware, data mining, and others An introductory chapter with a thought-provoking philosophical discussion of information privacy Clear explanations of the law New to the Third Edition: Expanded coverage of new technology that has an impact on privacy,including social media, locational information and mobile telephony, and behavioral advertising Anonymous litigation Expanded coverage of privacy and contract issues Updated coverage of the NSA surveillance program cases, including Amnesty International USA v.Clapper New FTC cases, including Sears, Econometrixand Google Buzz NASA v. Nelson, a U.S. Supreme Court case regarding background questionnaires for employment and the constitutional right to information privacy Coverage of personally identifiable information Law enforcement access to GPS cases
Privacy, Security and Information Management by
Current hot topics in information security and privacy include pretexting; financial privacy; privacy litigation; outsourcing to foreign countries; electronic health and personal records; and social networking. With these issues, a large number of laws have been passed to regulate the information security and privacy issues. Compliance with these laws is a legal reality as well as a business necessity. This resource will help you decipher that laws that regulate these issues and help your clients and business comply with the requirements to avoid security and privacy breaches. Topics covered include internet privacy, financial privacy, unauthorized access to networks and information, wiretapping and privacy in electronic communications, identify theft, spyware and phishing, video and cable privacy, data security and destruction, and much more.
Privacy by
The disturbing reality of contemporary life is that technology has laid bare the private facts of most people's lives. Email, cell phone calls, and individual purchasing habits are no longer secret. Individuals may be discussed on a blog, victimized by an inaccurate credit report, or have their email read by an employer or government agency without their knowledge. Government policy, mass media, and modern technology pose new challenges to privacy rights, while the law struggles to keep up with the rapid changes. Privacy: The Lost Right evaluates the status of citizens' right to privacy in today's intrusive world. Mills reviews the history of privacy protections, the general loss of privacy, and the inadequacy of current legal remedies, especially with respect to more recent privacy concerns, such as identity theft, government surveillance, tabloid journalism, and video surveillance in public places. Mills concludes that existing regulations do not adequately protect individual privacy, and he presents options for improving privacy protections.
Law of Financial Privacy by  This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License. |