By Austin Sarat
Contemporary revelations approximately America's nationwide safety service provider supply a stark reminder of the demanding situations posed via the increase of the electronic age for American legislations. those demanding situations refigure the which means of autonomy and the that means of the note "social" in an age of recent modalities of surveillance and social interplay, in addition to new reproductive applied sciences and the biotechnology revolution. each one of those advancements turns out to portend a global with no privateness, or at the least an international during which the which means of privateness is appreciably remodeled, either as a criminal proposal and a lived truth. every one calls for us to reconsider the function that legislations can and may play in responding to present day threats to privateness. Can the legislations stay alongside of rising threats to privateness? Can it offer powerful security opposed to new sorts of surveillance? This e-book deals a few solutions to those questions. It considers a number of varied understandings of privateness and gives examples of felony responses to the threats to privateness linked to new modalities of surveillance, the increase of electronic know-how, the excesses of the Bush and Obama administrations, and the ongoing struggle on terror.
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Additional info for A World without Privacy: What Law Can and Should Do?
We expect our lawyers and our therapists to keep our conﬁdences in trust 41 A World Without Privacy and expect our accountant and our bank to do the same with our ﬁnancial details. We expect our doctors to do the same with information about our health, and while we realize that many of our health records are now electronic, we don’t expect them to become available on a Google search or left lying carelessly around on a laptop at the airport. The fact that data breaches are newsworthy (and cause substantial personal, legal, and business harm) supports these expectations rather than diminishes them.
In fact, “comprehensive consent-based private-sector privacy legislation” may actually serve to enable an increasing infrastructure of surveillance. With regard to internet surveillance, social media, lawful access, and the information practices associated with analyzing metadata, the consent model operates to undermine privacy and to some extent facilitate surveillance. Austin further rejects the tort- and constitutional-law based conceptions of privacy because they focus on regulating “private” information rather than personal information.
By framing the question of privacy, Richards claims, around the existence of a proverbial dirty secret it ignores the reasons why privacy matters in three separate ways. First, all of us have something to hide, or at the very least information that we don’t want broadcast to the world. Second, this argument is misleading because it treats privacy as an individual, not social value. ” Finally, “reducing privacy to an individual right to hide dark secrets ignores the power effects of privacy. ” We already recognize the power of individualized information exchange in conﬁdentiality laws, but this understanding must be expanded in the face of modern day databased analytics that aggregate seemingly trivial bits of personal information to increase the persuasive power of already powerful entities – political machines, corporations, and others.
A World without Privacy: What Law Can and Should Do? by Austin Sarat
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