By Austin Sarat

Contemporary revelations approximately America's nationwide safeguard employer supply a stark reminder of the demanding situations posed via the increase of the electronic age for American legislations. those demanding situations refigure the which 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. each one of those advancements turns out to portend a global with no privateness, or no less than a global during which the that means of privateness is appreciably remodeled, either as a criminal concept and a lived fact. each one calls for us to reconsider the position that legislation can and will play in responding to trendy threats to privateness. Can the legislation stay alongside of rising threats to privateness? Can it offer powerful safety opposed to new kinds of surveillance? This publication bargains a few solutions to those questions. It considers a number of assorted 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 continued struggle on terror.

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For example, see Lori Andrews, I Know Who You Are and I Saw What You Did: Social Networks and the Death of Privacy (New York: Free Press, 2012); Ross Clark, The Road to Big Brother: One Man’s Struggle Against the Surveillance Society (London: Encounter Books, 2009); Simson Garfinkel, Database Nation: The Death of Privacy in the 21st Century (Sebastopol, CA: O’Reilly, 2000); David H. Holtzman, Privacy Lost: How Technology Is Endangering Your Privacy (San Francisco: Jossey-Bass, 2006); Index on Censorship, Privacy is Dead!

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. At the same time, some of the notions of privacy that Warren and Brandeis had suggested for matters of private law began to work their way into constitutional law as well.

Offers some answers to these questions. The chapters which follow consider several different understandings of privacy and provide examples of legal responses to the threats to privacy associated with new modalities of surveillance, the rise of the digital technology, the excesses of the Bush and Obama Administrations, and the continuing war on terror. In the first chapter, Neil Richards addresses four common arguments in the privacy debate – privacy is dead, (young) people don’t care about privacy, people with nothing 73 or “self-regulation” technology.

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