A SCHOLARLY BOOK REPOSITORY
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
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.
A foundational new collection examining the mechanics of privacy in the digital age.
The falling costs of collecting, storing, and processing data have allowed firms and governments to improve their products and services, but have also created databases with detailed individual-level data that raise privacy concerns. This volume summarizes the research on the economics of privacy and identifies open questions on the value of privacy, the roles of property rights and markets for privacy and data, the relationship between privacy and inequality, and the political economy of privacy regulation.
Several themes emerge across the chapters. One is that it may not be possible to solve privacy concerns by creating a market for the right to privacy, even if property rights are well-defined and transaction costs are low. Another is that it is difficult to measure and value the benefits of privacy, particularly when individuals have an intrinsic preference for privacy. Most previous attempts at valuation have focused only on quantifiable economic outcomes, such as innovation. Finally, defining privacy through an economic lens is challenging. The broader academic and legal literature includes many distinct definitions of privacy, and different definitions may be appropriate in different contexts. The chapters explore a variety of frameworks for examining these questions and provide a range of new perspectives on the role of economics research in understanding the benefits and costs of privacy and of data flows. As the digital economy continues to expand the scope of economic theory and research, The Economics of Privacy provides the most comprehensive survey to date of this field and its next steps.
-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.
First examining the classical origins of divisions between law and rhetoric, Coulson tracks what he calls an epideictic register—highly affective forms of expression that utilize hyperbole, amplification, and vocabularies of praise—through a surprising number of landmark Supreme Court opinions. Judicial Rhapsodies recovers and revalues these instances as significant to establishing and maintaining shared perspectives that form the basis for common experience and cooperation.
“Judicial Rhapsodies is both compelling and important. Coulson brings his well-developed knowledge of rhetoric to bear on one of the most central (and most democratically fraught) means of governance in the United States: the Supreme Court opinion. He demonstrates that the epideictic, far from being a dispensable or detestable element of judicial rhetoric, is an essential feature of how the Court operates and seeks to persuade.” —Keith Bybee, Syracuse University
What does this technocratic ideology and surveillance-heavy culture reveal about the deeper reality of modern society? Monitored investigates the history and implications of this modern accountability paradox. Peter Bloom reveals pervasive monitoring practices which mask how at its heart, the elite remains socially and ethically out of control.
Challenging their exploitive 'accounting power', Bloom demands that the systems that administer our lives are oriented to social liberation and new ways of being in the world.
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.
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.
This collection offers practical analyses of surveillance and privacy as they occur within classrooms and communities. Organized by themes—surveillance and classrooms, surveillance and bodies, surveillance and culture—Privacy Matters provides writing, rhetoric, and communication scholars and teachers with specific approaches, methods, inquiries, and examinations into the impact tracking and monitoring has upon people’s habits, bodies, and lived experiences.
While each chapter contributes a new perspective in the discipline and beyond, Privacy Matters affirms that these analyses remain inconclusive. This collection is a call for scholars, researchers, activists, and educators within rhetoric and composition to continue the scholarly conversation because privacy matters to all of us.
Contributors: Christina Cedillo, Jenae Cohn, Dànielle Nicole DeVoss, Dustin Edwards, Norah Fahim, Ann Hill Duin, Gavin P. Johnson, John Peterson, Santos Ramos, Colleen A. Reilly, Jennifer Roth Miller, Jason Tham, Stephanie Vie
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.
A deep dive into the political roots of advertising on the internet
The contemporary internet’s de facto business model is one of surveillance. Browser cookies follow us around the web, Amazon targets us with eerily prescient ads, Facebook and Google read our messages and analyze our patterns, and apps record our every move. In Profit over Privacy, Matthew Crain gives internet surveillance a much-needed origin story by chronicling the development of its most important historical catalyst: web advertising.
The first institutional and political history of internet advertising, Profit over Privacy uses the 1990s as its backdrop to show how the massive data-collection infrastructure that undergirds the internet today is the result of twenty-five years of technical and political economic engineering. Crain considers the social causes and consequences of the internet’s rapid embrace of consumer monitoring, detailing how advertisers and marketers adapted to the existential threat of the internet and marshaled venture capital to develop the now-ubiquitous business model called “surveillance advertising.” He draws on a range of primary resources from government, industry, and the press and highlights the political roots of internet advertising to underscore the necessity of political solutions to reign in unaccountable commercial surveillance.
The dominant business model on the internet, surveillance advertising is the result of political choices—not the inevitable march of technology. Unlike many other countries, the United States has no internet privacy law. A fascinating prehistory of internet advertising giants like Google and Facebook, Profit over Privacy argues that the internet did not have to turn out this way and that it can be remade into something better.
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.
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.
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.
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.
Never before has so much been known about so many. CCTV cameras, TSA scanners, NSA databases, big data marketers, predator drones, “stop and frisk” tactics, Facebook algorithms, hidden spyware, and even old-fashioned nosy neighbors—surveillance has become so ubiquitous that we take its presence for granted. While many types of surveillance are pitched as ways to make us safer, almost no one has examined the unintended consequences of living under constant scrutiny and how it changes the way we think and feel about the world. In Under Surveillance, Randolph Lewis offers a highly original look at the emotional, ethical, and aesthetic challenges of living with surveillance in America since 9/11.
Taking a broad and humanistic approach, Lewis explores the growth of surveillance in surprising places, such as childhood and nature. He traces the rise of businesses designed to provide surveillance and security, including those that cater to the Bible Belt’s houses of worship. And he peers into the dark side of playful surveillance, such as eBay’s online guide to “Fun with Surveillance Gadgets.” A worried but ultimately genial guide to this landscape, Lewis helps us see the hidden costs of living in a “control society” in which surveillance is deemed essential to governance and business alike. Written accessibly for a general audience, Under Surveillance prompts us to think deeply about what Lewis calls “the soft tissue damage” inflicted by the culture of surveillance.
The authors chronicle how millions of Palestinians have been denationalised through the bureaucratic tools of census, population registration, blacklisting and a discriminatory legal framework. They show how identity documents are used by Israel as a means of coercion, extortion, humiliation and informant recruitment. Movement restrictions tied to IDs and population registers threaten Palestinian livelihoods, freedom of movement and access to basic services such as health and education.
Unfree in Palestine is a masterful expose of the web of bureaucracy used by Israel to deprive the Palestinians of basic rights and freedoms, and calls for international justice and inclusive security in place of discrimination and division.
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