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

By Austin Sarat

Contemporary revelations approximately America's nationwide safeguard corporation 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 which means of autonomy and the which means of the be aware "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 no less than a global during which the which means of privateness is considerably reworked, either as a felony notion and a lived truth. every one calls for us to reconsider the function that legislations 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 powerful safeguard opposed to new varieties of surveillance? This publication bargains a few solutions to those questions. It considers numerous diversified understandings of privateness and gives 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 struggle on terror.

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Extra info for A World without Privacy: What Law Can and Should Do?

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Rather, privacy is inevitable. People don’t care about privacy But even if the reports of privacy’s death have been exaggerated, surely it is true that few ordinary people care about privacy any more. Or at least young people have given up on privacy, right? The exponential growth of social networks such as Facebook and Twitter, in which users share increasing amounts of personal information, the rise of “sexting,” and the perceived willingness of us all to trade our personal information for convenience and safety all seem to suggest that public interest in privacy is on the decline.

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.

Moreover, there is pleasure in assuming a different social identity. Like Richards, Tushnet believes that some people have utterly legitimate things to hide, and that pseudonymity has the productive power to yield creativity and community as individuals craft contextually based names for themselves. ” Pseudonyms are one example of the positive uses of privacy in a world of increasing transparency. In the next chapter, Lisa Austin argues that, if we want to revive privacy from its current “death throes,” attending to 27 A World Without Privacy the activities of state authorities is not enough.

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