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

By Austin Sarat

ISBN-10: 1107081211

ISBN-13: 9781107081215

Contemporary revelations approximately America's nationwide defense company supply a stark reminder of the demanding situations posed by way of 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 an international with out privateness, or a minimum of an international within which the which means of privateness is notably reworked, either as a felony inspiration and a lived truth. every one calls for us to reconsider the position that legislation can and will play in responding to state-of-the-art threats to privateness. Can the legislation stay alongside of rising threats to privateness? Can it offer potent security opposed to new different types of surveillance? This ebook bargains a few solutions to those questions. It considers numerous varied understandings of privateness and gives examples of criminal responses to the threats to privateness linked to new modalities of surveillance, the increase of electronic expertise, the excesses of the Bush and Obama administrations, and the ongoing battle on terror.

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Privacy, understood in this way, can be reduced through means that are not classically understood as privacy violations – for example, an extreme exhibitionist who publishes her innermost thoughts online experiences a reduction in the lived reality of privacy through the act of purely voluntary sharing. Haggerty makes a three-part claim. First, he claims that the privacy infrastructure has not been particularly successful over the long term in curtailing the expansion of surveillance and attendant reductions in the lived reality of privacy.

In this chapter, I’ll explain why each of these four privacy claims is really a privacy myth. First, privacy cannot be dead because it deals with the rules governing personal information; in an age of personal information, rules about how that information can flow will be more important than ever. Second, people (even young people) do care deeply about privacy, but they face limited choices and limited information about how to participate in the processing of their data. Third, privacy isn’t just for people with dark secrets; it’s for all of us because information is power and personal information is personal power.

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.

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


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