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

By Austin Sarat

ISBN-10: 1107081211

ISBN-13: 9781107081215

Fresh revelations approximately America's nationwide safety supplier supply a stark reminder of the demanding situations posed by way of the increase of the electronic age for American legislation. those demanding situations refigure the which 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 at the very least a global during which the which means of privateness is considerably remodeled, either as a felony thought and a lived fact. every one calls for us to reconsider the function that legislation can and may play in responding to brand new threats to privateness. Can the legislations stay alongside of rising threats to privateness? Can it offer powerful security opposed to new types of surveillance? This ebook bargains a few solutions to those questions. It considers numerous 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 battle on terror.

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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.

Richards argues that we are living through an information revolution, and the collection, use, and analysis of many kinds of personal data is inevitable. Certain kinds of privacy may fade or become obsolete, but this is natural, because privacy is the product of social norms, and social norms change over time. Yet legal and social rules that govern how information about us is obtained and used (broadly defined) are always necessary, and the information revolution is increasing the importance of these rules rather than decreasing them.

We must balance the values of privacy, autonomy, security, and profitability, among others. ” To illustrate her argument, she offers two examples, encapsulated in the title of her chapter, that highlight the way the stakes in anonymity and pseudonymity differ by gender. ” The Women Men Don’t See is an awardwinning short story about two women who decide to leave the planet to escape the oppression of misogyny and male dominance. Tushnet contrasts this “opting out” with women on the internet who use pseudonymity as a defensive power allowing them to “opt in” to internet communities without subjecting themselves to discrimination and repression.

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


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