Download A World without Privacy: What Law Can and Should Do? by Austin Sarat PDF

By Austin Sarat

Fresh revelations approximately America's nationwide defense enterprise supply a stark reminder of the demanding situations posed via the increase of the electronic age for American legislation. those demanding situations refigure the which means of autonomy and the that means of the be aware "social" in an age of latest 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 an international with out privateness, or a minimum of an international within which the which means of privateness is considerably reworked, either as a criminal notion and a lived fact. every one calls for us to reconsider the function that legislation can and will play in responding to modern day threats to privateness. Can the legislation stay alongside of rising threats to privateness? Can it supply potent defense opposed to new kinds of surveillance? This publication bargains a few solutions to those questions. It considers a number of assorted understandings of privateness and offers examples of criminal 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 conflict on terror.

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But surely privacy is really dead now? Surely we face the end of any notions of privacy, right? No. I’d like to suggest, to the contrary, that Privacy Is Not Dead. Privacy is one of the most important questions facing us as a society. Privacy is actually very much alive. ” Privacy can of course mean many things. If we mean merely “how much information people know about us,” then privacy is shrinking. But this is a very narrow and unhelpful way of understanding privacy. Let’s take a step back from the Internet of Things and digital privacy Armageddon for a moment.

Cal. Civ. J. Stat. Ann. M. Stat § 21-1-46 (2013). C. § 2000e et seq. (1964). 30 Taking this broader perspective on “privacy” reveals that our society has some very surprising advocates for privacy. In fact, the very institutions that are usually thought of as opposing privacy for individuals often use law to secure privacy for their institutional operations. For example, consider Facebook, long thought of as being antithetical to privacy as a result of its encouragement to everyone to “share” as much of their personal information as possible to as many people as possible.

London: Sage 2011); Jeffrey Rosen, The Unwanted Gaze: The Destruction of Privacy in America (New York: Vintage, 2001); James B. Rule, Privacy In Peril: How We Are Sacrificing a Fundamental Right in Exchange for Security and Convenience (2009); Christopher Slobogin, Privacy at Risk: The New Government Surveillance and the Fourth Amendment (Chicago: Chicago Press, 2007). 36 Four Privacy Myths CEO Scott McNealy famously declared, “You have zero privacy anyway. ”7 McNealy’s outburst made headlines at the time and has outlived both the Jini technology and Sun’s existence as an independent company.

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