To defend its citizens from harm, must the government have unfettered access to all information? Or, must personal privacy be defended at all costs from the encroachment of a surveillance state? And, doesn’t the Constitution already protect us from such intrusions? When the topic of discussion is intelligence-gathering, privacy, or Fourth Amendment protections against unreasonable search and seizure, the result is usually more heat than light.
Anthony Gregory challenges such simplifications, offering a nuanced history and analysis of these difficult issues. He highlights the complexity of the relationship between the gathering of intelligence for national security and countervailing efforts to safeguard individual privacy. The Fourth Amendment prohibiting unreasonable searches and seizures offers no panacea, he finds, in combating assaults on privacy—whether by the NSA, the FBI, local police, or more mundane administrative agencies. Given the growth of technology, together with the ambiguities and practical problems of enforcing the Fourth Amendment, advocates for privacy protections need to work on multiple policy fronts.
“This fascinating review of the shifts and accretions of American law and culture is filled with historical surprises and twenty-first-century shocks, so beneficial in an era of gross American ahistoricality and cultural acquiescence to the technological state. Every flag-waving patriot, every dissenter, every judge and police officer, every small-town mayor and every president should read America Surveillance. We have work to do!”—Lt. Col. Karen U. Kwiatkowski, (Ret.), former Senior Operations Staff Officer, Office of the Director, National Security Agency
For most Americans today, Roe v. Wade concerns just one thing: the right to choose abortion. But the Supreme Court’s decision once meant much more. The justices ruled that the right to privacy encompassed the abortion decision. Grassroots activists and politicians used Roe—and popular interpretations of it—as raw material in answering much larger questions: Is there a right to privacy? For whom, and what is protected?
As Mary Ziegler demonstrates, Roe’s privacy rationale attracted a wide range of citizens demanding social changes unrelated to abortion. Movements questioning hierarchies based on sexual orientation, profession, class, gender, race, and disability drew on Roe to argue for an autonomy that would give a voice to the vulnerable. So did advocates seeking expanded patient rights and liberalized euthanasia laws. Right-leaning groups also invoked Roe’s right to choose, but with a different agenda: to attack government involvement in consumer protection, social welfare, racial justice, and other aspects of American life.
In the 1980s, seeking to unify a fragile coalition, the Republican Party popularized the idea that Roe was a symbol of judicial tyranny, discouraging anyone from relying on the decision to frame their demands. But Beyond Abortion illuminates the untapped potential of arguments that still resonate today. By recovering the diversity of responses to Roe, and the legal and cultural battles it energized, Ziegler challenges readers to come to terms with the uncomfortable fact that privacy belongs to no party or cause.
The contributors to Captivating Technology examine how carceral technologies such as electronic ankle monitors and predictive-policing algorithms are being deployed to classify and coerce specific populations and whether these innovations can be appropriated and reimagined for more liberatory ends.
Medical confidentiality is an essential cornerstone of effective public health systems, and for centuries societies have struggled to maintain the illusion of absolute privacy. In this age of health databases and increasing connectedness, however, the confidentiality of patient information is rapidly becoming a concern at the forefront of worldwide ethical and political debate.
In Contesting Medical Confidentiality, Andreas-Holger Maehle travels back to the origins of this increasingly relevant issue. He offers the first comparative analysis of professional and public debates on medical confidentiality in the United States, Britain, and Germany during the late nineteenth and early twentieth centuries, when traditional medical secrecy first came under pressure from demands of disclosure in the name of public health. Maehle structures his study around three representative questions of the time that remain salient today: Do physicians have a privilege to refuse court orders to reveal confidential patient details? Is there a medical duty to report illegal procedures to the authorities? Should doctors breach confidentiality in order to prevent the spread of disease? Considering these debates through a unique historical perspective, Contesting Medical Confidentiality illuminates the ethical issues and potentially grave consequences that continue to stir up public debate.
"We are in difficult times for the protection of our liberties. Nonetheless, citizens are showing an increased willingness to resist the erosion of the U.S. Constitution. . . . Lawson Mack and Kelly stress the importance of not giving up these fundamental rights and conclude with a message of optimism, noting an increased backlash against the administration's more draconian measures. Although the landscape is still quite bleak, change is in the air."
-Michael Ratner, President, Center for Constitutional Rights, from the foreword
"A compelling and sophisticated critique of the U.S. government's post-9/11 actions. Mack and Kelly set the stage with the historical perspective on America's response to terrorism and the assessment of terrorist threats, before launching into a comprehensive analysis of the USA Patriot Act. Their hard-hitting approach and easy-to-read style makes for a fascinating treatment of the government's legislative and executive response to the attacks."
-Michael P. Scharf, Case Western Reserve University School of Law
With its sweeping critique of the USA Patriot Act and the Bush administration's maneuvers in pursuit of terrorists, Equal Justice in the Balance is a sobering and exacting look at American legal responses to terrorism, both before and after 9/11.
The authors detail wide-ranging and persuasive evidence that American antiterrorism legislation has led to serious infringements of our civil rights. They show us how deviations from our fundamental principles of fairness and justice in times of heightened national anxiety-whether the Red Scare, World War II, or the War on Terrorism-have resulted in overreaction and excess, later requiring apologies and reparations to those victimized by a paranoia-driven justice system.
While terrorist attacks-especially on a large scale and on American soil-damage our national pride and sense of security, the authors offer powerful arguments for why we must allow our judicial infrastructure, imperfect as it is, to respond without undue interference from the politics of anger and vengeance.
Exploiting our boundless desire to access everything all the time, digital technology is breaking down whatever boundaries still exist between the state, the market, and the private realm. Bernard Harcourt offers a powerful critique of what he calls the expository society, revealing just how unfree we are becoming and how little we seem to care.
The First Amendment Bubble
Amy Gajda Harvard University Press, 2015 Library of Congress KF4774.G35 2015 | Dewey Decimal 342.730853
For decades, privacy took a back seat to the public’s right to know. But as the Internet and changing journalism have made it harder to distinguish news from titillation, U.S. courts are showing new resolve in protecting individuals from invasive media scrutiny. As Amy Gajda shows, this judicial backlash is now impinging on mainstream journalists.
Sports figures cope with a level of celebrity once reserved for the stars of stage and screen. In Game Faces , Sarah K. Fields looks at the legal ramifications of the cases brought by six of them--golfer Tiger Woods, quarterback Joe Montana, college football coach Wally Butts, baseball pitchers Warren Spahn and Don Newcombe, and hockey enforcer Tony Twist--when faced with what they considered attacks on their privacy and image. Placing each case in its historical and legal context, Fields examines how sports figures in the U.S. have used the law to regain control of their image. As she shows, decisions in the cases significantly affected the evolution of laws related to privacy, defamation, and publicity--areas pertinent to the lives of the famous sports figure and the non-famous consumer alike. She also tells the stories of why the plaintiffs sought relief in the courts, uncovering motives that delved into the heart of issues separating individual rights from the public's perceived right to know. A fascinating exploration of a still-evolving phenomenon, Game Faces is an essential look at the legal playing fields that influence our enjoyment of sports.
Insult To Injury
Christa Jones University Press of Colorado, 2003 Library of Congress KF1266.J66 2003 | Dewey Decimal 346.73034
William K. Jones reviews the seminal US Supreme Court decisions that restrict the First Amendment in order to protect persons against defamatory falsehoods, invasions of privacy, and related psychic harm. Covering cases ranging from a restaurant owner dri
A Washington Post Book of the Year
Winner of the Merle Curti Award
Winner of the Jacques Barzun Prize
Winner of the Ralph Waldo Emerson Award
“A masterful study of privacy.”
—Sue Halpern, New York Review of Books
“Masterful (and timely)…[A] marathon trek from Victorian propriety to social media exhibitionism…Utterly original.”
Every day, we make decisions about what to share and when, how much to expose and to whom. Securing the boundary between one’s private affairs and public identity has become an urgent task of modern life. How did privacy come to loom so large in public consciousness? Sarah Igo tracks the quest for privacy from the invention of the telegraph onward, revealing enduring debates over how Americans would—and should—be known. The Known Citizen is a penetrating historical investigation with powerful lessons for our own times, when corporations, government agencies, and data miners are tracking our every move.
“A mighty effort to tell the story of modern America as a story of anxieties about privacy…Shows us that although we may feel that the threat to privacy today is unprecedented, every generation has felt that way since the introduction of the postcard.”
—Louis Menand, New Yorker
“Engaging and wide-ranging…Igo’s analysis of state surveillance from the New Deal through Watergate is remarkably thorough and insightful.”
The Internet has been romanticized as a zone of freedom. The alluring combination of sophisticated technology with low barriers to entry and instantaneous outreach to millions of users has mesmerized libertarians and communitarians alike. Lawmakers have joined the celebration, passing the Communications Decency Act, which enables Internet Service Providers to allow unregulated discourse without danger of liability, all in the name of enhancing freedom of speech. But an unregulated Internet is a breeding ground for offensive conduct.
At last we have a book that begins to focus on abuses made possible by anonymity, freedom from liability, and lack of oversight. The distinguished scholars assembled in this volume, drawn from law and philosophy, connect the absence of legal oversight with harassment and discrimination. Questioning the simplistic notion that abusive speech and mobocracy are the inevitable outcomes of new technology, they argue that current misuse is the outgrowth of social, technological, and legal choices. Seeing this clearly will help us to be better informed about our options.
In a field still dominated by a frontier perspective, this book has the potential to be a real game changer. Armed with example after example of harassment in Internet chat rooms and forums, the authors detail some of the vile and hateful speech that the current combination of law and technology has bred. The facts are then treated to analysis and policy prescriptions. Read this book and you will never again see the Internet through rose-colored glasses.
In Overseers of the Poor, John Gilliom confronts the everyday politics of surveillance by exploring the worlds and words of those who know it best-the watched. Arguing that the current public conversation about surveillance and privacy rights is rife with political and conceptual failings, Gilliom goes beyond the critics and analysts to add fresh voices, insights, and perspectives.
This powerful book lets us in on the conversations of low-income mothers from Appalachian Ohio as they talk about the welfare bureaucracy and its remarkably advanced surveillance system. In their struggle to care for their families, these women are monitored and assessed through a vast network of supercomputers, caseworkers, fraud control agents, and even grocers and neighbors.
In-depth interviews show that these women focus less on the right to privacy than on a critique of surveillance that lays bare the personal and political conflicts with which they live. And, while they have little interest in conventional forms of politics, we see widespread patterns of everyday resistance as they subvert the surveillance regime when they feel it prevents them from being good parents. Ultimately, Overseers of the Poor demonstrates the need to reconceive not just our understanding of the surveillance-privacy debate but also the broader realms of language, participation, and the politics of rights.
We all know that our lives are being watched more than ever before. As we struggle to understand and confront this new order, Gilliom argues, we need to spend less time talking about privacy rights, legislatures, and courts of law and more time talking about power, domination, and the ongoing struggles of everyday people.
A diverse selection of thoughtful and provocative essays that explore the legal, ethical, administrative, and institutional considerations that shape archival debates concerning the administration of access to records containing personal information.
When the new HIPAA privacy rules regarding the release of health information took effect, medical historians suddenly faced a raft of new ethical and legal challenges—even in cases where their subjects had died years, or even a century, earlier. In Privacy and the Past, medical historian Susan C. Lawrence explores the impact of these new privacy rules, offering insight into what historians should do when they research, write about, and name real people in their work.
Lawrence offers a wide-ranging and informative discussion of the many issues involved. She highlights the key points in research ethics that can affect historians, including their ethical obligations to their research subjects, both living and dead, and she reviews the range of federal laws that protect various kinds of information. The book discusses how the courts have dealt with privacy in contexts relevant to historians, including a case in which a historian was actually sued for a privacy violation. Lawrence also questions who gets to decide what is revealed and what is kept hidden in decades-old records, and she examines the privacy issues that archivists consider when acquiring records and allowing researchers to use them. She looks at how demands to maintain individual privacy both protect and erase the identities of people whose stories make up the historical record, discussing decisions that historians have made to conceal identities that they believed needed to be protected. Finally, she encourages historians to vigorously resist any expansion of regulatory language that extends privacy protections to the dead.
Engagingly written and powerfully argued, Privacy and the Past is an important first step in preventing privacy regulations from affecting the historical record and the ways that historians write history.
Without our consent and often without our knowledge, the government can constantly monitor many of our daily activities, using closed circuit TV, global positioning systems, and a wide array of other sophisticated technologies. With just a few keystrokes, records containing our financial information, phone and e-mail logs, and sometimes even our medical histories can be readily accessed by law enforcement officials. As Christopher Slobogin explains in Privacy at Risk, these intrusive acts of surveillance are subject to very little regulation.
Applying the Fourth Amendment’s prohibition on unreasonable searches and seizures, Slobogin argues that courts should prod legislatures into enacting more meaningful protection against government overreaching. In setting forth a comprehensive framework meant to preserve rights guaranteed by the Constitution without compromising the government’s ability to investigate criminal acts, Slobogin offers a balanced regulatory regime that should intrigue everyone concerned about privacy rights in the digital age.
Every day, Internet users interact with technologies designed to undermine their privacy. Social media apps, surveillance technologies, and the Internet of Things are all built in ways that make it hard to guard personal information. And the law says this is okay because it is up to users to protect themselves—even when the odds are deliberately stacked against them.
In Privacy’s Blueprint, Woodrow Hartzog pushes back against this state of affairs, arguing that the law should require software and hardware makers to respect privacy in the design of their products. Current legal doctrine treats technology as though it were value-neutral: only the user decides whether it functions for good or ill. But this is not so. As Hartzog explains, popular digital tools are designed to expose people and manipulate users into disclosing personal information.
Against the often self-serving optimism of Silicon Valley and the inertia of tech evangelism, Hartzog contends that privacy gains will come from better rules for products, not users. The current model of regulating use fosters exploitation. Privacy’s Blueprint aims to correct this by developing the theoretical underpinnings of a new kind of privacy law responsive to the way people actually perceive and use digital technologies. The law can demand encryption. It can prohibit malicious interfaces that deceive users and leave them vulnerable. It can require safeguards against abuses of biometric surveillance. It can, in short, make the technology itself worthy of our trust.
At the 2003 "Rock the Vote" debate, one of the questions posed by a student to the eight Democratic candidates for the presidential nomination was "have you ever used marijuana?" Amazingly, all but one of the candidates voluntarily answered the question. Add to this example the multiple ways in which we now see public intrusion into private lives (security cameras, electronic access to personal data, scanning and "wanding" at the airport) or private self-exposure in public forums (cell phones, web cams, confessional talk shows, voyeuristic "reality" TV). That matters so private could be treated as legitimate-in some cases even vital-for public discourse indicates how intertwined the realms of private and public have become in our era. Reverse examples exist as well. Around the world, public authorities look the other way while individual rights are abused--calling it a private matter--or officials appeal to sectarian morés to justify discrimination in public policies.
The authors of The Private, the Public, and the Published feel that scholarship needs to explore and understand this phenomenon, and needs to address it in the college classroom. There are consequences of conflating public and private, they argue--consequences that have implications especially for what is known as the public good. The changing distinctions between "private" and "public," and the various practices of private and public expression, are explored in these essays with an eye toward what they teach us about those consequences and implications.
These essays, by widely respected scholars in fields ranging from social and political theory to historical sociology and cultural studies, illuminate the significance of the public/private distinction for an increasingly wide range of debates. Commenting on controversies surrounding such issues as abortion rights, identity politics, and the requirements of democratization, many of these essays clarify crucial processes that have shaped the culture and institutions of modern societies.
In contexts ranging from friendship, the family, and personal life to nationalism, democratic citizenship, the role of women in social and political life, and the contrasts between western and (post-)Communist societies, this book brings out the ways the various uses of the public/private distinction are simultaneously distinct and interconnected. Public and Private in Thought and Practice will be of interest to students and scholars in disciplines including politics, law, philosophy, history, sociology, and women's studies.
Contributors include Jeff Weintraub, Allan Silver, Craig Calhoun, Daniela Gobetti, Jean L. Cohen, Jean Bethke Elshtain, Alan Wolfe, Krishan Kumar, David Brain, Karen Hansen, Marc Garcelon, and Oleg Kharkhordin.
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works.
The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn.
The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Where did the right to privacy come from and what does it mean? Grappling with the critical issues involving women and gays that relate to the recent Supreme Court appointment, Vincent J. Samar develops a definition of legal privacy, discusses the reasons why and the degree to which privacy should be protected, and shows the relationship between privacy and personal autonomy. He answers former Supreme Court nominee Robert Bork’s questions about scope, content, and legal justification for a general right to privacy and emphasizes issues involving gays and lesbians, Samar maintains that these privacy issues share a common constitutional-ethical underpinning with issues such as abortion, surrogate motherhood, drug testing, and the right to die.
Famously described by Louis Brandeis as "the most comprehensive of rights" and 'the right most valued by civilized men," the right of privacy or autonomy is more embattled during modern times than any other. Debate over its meaning, scope, and constitutional status is so widespread that it all but defines the post-1960s era of constitutional interpretation. Conservative Robert Bork called it "a loose canon in the law," while feminist Catharine MacKinnon attacked it as the “right of men to be left alone to oppress women.” Can a right with such prominent critics from across the political spectrum be grounded in constitutional law?
In this book, James Fleming responds to these controversies by arguing that the right to privacy or autonomy should be grounded in a theory of securing constitutional democracy. His framework seeks to secure the basic liberties that are preconditions for deliberative democracy—to allow citizens to deliberate about the institutions and policies of their government—as well as deliberative autonomy—to enable citizens to deliberate about the conduct of their own lives. Together, Fleming shows, these two preconditions can afford everyone the status of free and equal citizenship in our morally pluralistic constitutional democracy.
Maps, as we know, help us find our way around. But they're also powerful tools for someone hoping to find you. Widely available in electronic and paper formats, maps offer revealing insights into our movements and activities, even our likes and dislikes. In Spying with Maps, the "mapmatician" Mark Monmonier looks at the increased use of geographic data, satellite imagery, and location tracking across a wide range of fields such as military intelligence, law enforcement, market research, and traffic engineering. Could these diverse forms of geographic monitoring, he asks, lead to grave consequences for society? To assess this very real threat, he explains how geospatial technology works, what it can reveal, who uses it, and to what effect.
Despite our apprehension about surveillance technology, Spying with Maps is not a jeremiad, crammed with dire warnings about eyes in the sky and invasive tracking. Monmonier's approach encompasses both skepticism and the acknowledgment that geospatial technology brings with it unprecedented benefits to governments, institutions, and individuals, especially in an era of asymmetric warfare and bioterrorism. Monmonier frames his explanations of what this new technology is and how it works with the question of whether locational privacy is a fundamental right. Does the right to be left alone include not letting Big Brother (or a legion of Little Brothers) know where we are or where we've been? What sacrifices must we make for homeland security and open government?
With his usual wit and clarity, Monmonier offers readers an engaging, even-handed introduction to the dark side of the new technology that surrounds us—from traffic cameras and weather satellites to personal GPS devices and wireless communications.
We live in a surveillance society. Anyone who uses a credit card, cell phone, or even search engines to navigate the Web is being monitored and assessed—and often in ways that are imperceptible to us. The first general introduction to the growing field of surveillance studies, SuperVision uses examples drawn from everyday technologies to show how surveillance is used, who is using it, and how it affects our world.
Beginning with a look at the activities and technologies that connect most people to the surveillance matrix, from identification cards to GPS devices in our cars to Facebook, John Gilliom and Torin Monahan invite readers to critically explore surveillance as it relates to issues of law, power, freedom, and inequality. Even if you avoid using credit cards and stay off Facebook, they show, going to work or school inevitably embeds you in surveillance relationships. Finally, they discuss the more obvious forms of surveillance, including the security systems used at airports and on city streets, which both epitomize contemporary surveillance and make impossibly grand promises of safety and security.
Gilliom and Monahan are among the foremost experts on surveillance and society, and, with SuperVision, they offer an immensely accessible and engaging guide, giving readers the tools to understand and to question how deeply surveillance has been woven into the fabric of our everyday lives.
The interplay of privacy, security and user-determination is an important consideration in the roll-out of biometric technologies. It brings into play requirements such as privacy of biometric data in systems, communication and databases, soft biometric profiling, biometric recognition of persons across distributed systems and in nomadic scenarios, and the convergence between user convenience, usability and authentication reliability.
User-Centric Privacy and Security in Biometrics explores how developments in biometrics will address security and privacy aspects. The book surveys and evaluates how biometric techniques can enhance and increase the reliability of security strategies in a variety of applications. This includes privacy-preserving state-of-the-art works and future directions in the view of biometrics as part of broader security concepts. The fundamental emphasis is on privacy within and for biometrics, particularly for the protection of biometric data, informed consent of data usage, transparency on biometric data, and big data fraud prevention.