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

By Austin Sarat

Contemporary revelations approximately America's nationwide protection supplier supply a stark reminder of the demanding situations posed via the increase of the electronic age for American legislation. those demanding situations refigure the that means of autonomy and the which means of the notice "social" in an age of latest modalities of surveillance and social interplay, in addition to new reproductive applied sciences and the biotechnology revolution. every one of those advancements turns out to portend an international with out privateness, or not less than an international within which the which means of privateness is considerably reworked, either as a criminal proposal and a lived truth. each one calls for us to reconsider the function that legislation can and will play in responding to cutting-edge threats to privateness. Can the legislations stay alongside of rising threats to privateness? Can it supply potent security opposed to new varieties of surveillance? This ebook deals a few solutions to those questions. It considers a number of varied understandings of privateness and offers examples of felony 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 continued battle on terror.

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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.

Morel, 769 F. Supp. Y. 2011); For the use of another’s name, voice, signature, photograph, or likeness for advertising or selling or soliciting purposes, see Cal. Civ. Code § 3344 (West) (2013). Lee v. D. Cal. Mar. 19, 1997). J. Stat. Ann. § 2C:14–9 (West 2004); State of New Jersey v. J. Super. 2011). 26 We have other rules that regulate the use of information that we might not typically think of as privacy rules. 27 Patent law regulates the use 24 25 26 27 Katz v. S. C. §§ 2510–2522 (1986); California Penal Code § 632(a).

Neil M. Richards & Daniel J. Solove, “Prosser’s Privacy Law: A Mixed Legacy,” California Law Review 98 (2010): 1887. William Prosser, “Privacy,” California Law Review 48 (1960): 383. 17 There have been other privacy panics, but these two will do for my purposes here. Notice how each of these earlier privacy panics followed a similar pattern – new technologies and social practices threatened established social norms about how information could be used. This was followed by a great deal of soul searching, a sense of crisis, and then the gradual accommodation of the new practices through a combination of regulation, acceptance, and the passage of time.

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