By Austin Sarat
Contemporary revelations approximately America's nationwide safeguard organization 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 that means of autonomy and the which means of the note "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 no privateness, or at the least a global within which the which means of privateness is significantly remodeled, either as a felony proposal and a lived truth. each one calls for us to reconsider the position that legislation can and may play in responding to contemporary threats to privateness. Can the legislation stay alongside of rising threats to privateness? Can it offer potent safety opposed to new types of surveillance? This e-book deals a few solutions to those questions. It considers numerous diversified understandings of privateness and offers 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 conflict on terror.
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Extra resources for A World without Privacy: What Law Can and Should Do?
We will certainly need new rules for the many new ways that information is being and will be used. But it’s important not to forget that we have many such rules already. 23 The Fourth Amendment requires that the government obtain a warrant before it intrudes on a “reasonable expectation of privacy,” and is backed up by a complex web of federal and state laws regulating eavesdropping and 19 20 21 22 23 44 Daniel J. Solove, Understanding Privacy (Boston: Harvard University Press 2008). Hamberger v.
Brandeis, “The Right to Privacy,” Harvard Law Review 4 (1890): 193. Neil M. Richards, “The Puzzle of Brandeis, Privacy, and Speech,” Vanderbilt Law Review 63 (2010): 1295. ”16 Another privacy panic gripped the United States in the 1960s, as emerging computer technology began to allow the creation of “data banks” holding personal information. This digital privacy problem prompted a spate of books and cultural attention on the threat to privacy. With the public now aware of the rising importance of credit reporting bureaus and other uses of data in society, Congress passed the Fair Credit Reporting Act of 1970, and, following the Richard Nixon surveillance scandal, the Privacy Act of 1974.
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).