front cover of Abandoning the Black Hero
Abandoning the Black Hero
Sympathy and Privacy in the Postwar African American White-Life Novel
Charles, John C
Rutgers University Press, 2012

Abandoning the Black Hero is the first book to examine the postwar African American white-life novel—novels with white protagonists written by African Americans. These fascinating works have been understudied despite having been written by such defining figures in the tradition as Richard Wright, Zora Neale Hurston, James Baldwin, Ann Petry, and Chester Himes, as well as lesser known but formerly best-selling authors Willard Motley and Frank Yerby.

John C. Charles argues that these fictions have been overlooked because they deviate from two critical suppositions: that black literature is always about black life and that when it represents whiteness, it must attack white supremacy. The authors are, however, quite sympathetic in the treatment of their white protagonists, which Charles contends should be read not as a failure of racial pride but instead as a strategy for claiming creative freedom, expansive moral authority, and critical agency.

In an era when “Negro writers” were expected to protest, their sympathetic treatment of white suffering grants these authors a degree of racial privacy previously unavailable to them. White writers, after all, have the privilege of racial privacy because they are never pressured to write only about white life. Charles reveals that the freedom to abandon the “Negro problem” encouraged these authors to explore a range of new genres and themes, generating a strikingly diverse body of novels that significantly revise our understanding of mid-twentieth-century black writing.

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American Surveillance
Intelligence, Privacy, and the Fourth Amendment
Anthony Gregory
University of Wisconsin Press, 2016
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
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Beginning at the End
Decadence, Modernism, and Postcolonial Poetry
Robert Stilling
Harvard University Press, 2018

During the struggle for decolonization, Frantz Fanon argued that artists who mimicked European aestheticism were “beginning at the end,” skipping the inventive phase of youth for a decadence thought more typical of Europe’s declining empires. Robert Stilling takes up Fanon’s assertion to argue that decadence became a key idea in postcolonial thought, describing both the failures of revolutionary nationalism and the assertion of new cosmopolitan ideas about poetry and art.

In Stilling’s account, anglophone postcolonial artists have reshaped modernist forms associated with the idea of art for art’s sake and often condemned as decadent. By reading decadent works by J. K. Huysmans, Walter Pater, Henry James, and Oscar Wilde alongside Chinua Achebe, Derek Walcott, Agha Shahid Ali, Derek Mahon, Yinka Shonibare, Wole Soyinka, and Bernardine Evaristo, Stilling shows how postcolonial artists reimagined the politics of aestheticism in the service of anticolonial critique. He also shows how fin de siècle figures such as Wilde questioned the imperial ideologies of their own era.

Like their European counterparts, postcolonial artists have had to negotiate between the imaginative demands of art and the pressure to conform to a revolutionary politics seemingly inseparable from realism. Beginning at the End argues that both groups—European decadents and postcolonial artists—maintained commitments to artifice while fostering oppositional politics. It asks that we recognize what aestheticism has contributed to politically engaged postcolonial literature. At the same time, Stilling breaks down the boundaries around decadent literature, taking it outside of Europe and emphasizing the global reach of its imaginative transgressions.

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Beyond Abortion
Roe v. Wade and the Battle for Privacy
Mary Ziegler
Harvard University Press, 2018

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.

[more]

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The Black Box Society
The Secret Algorithms That Control Money and Information
Frank Pasquale
Harvard University Press, 2015

Every day, corporations are connecting the dots about our personal behavior—silently scrutinizing clues left behind by our work habits and Internet use. The data compiled and portraits created are incredibly detailed, to the point of being invasive. But who connects the dots about what firms are doing with this information? The Black Box Society argues that we all need to be able to do so—and to set limits on how big data affects our lives.

Hidden algorithms can make (or ruin) reputations, decide the destiny of entrepreneurs, or even devastate an entire economy. Shrouded in secrecy and complexity, decisions at major Silicon Valley and Wall Street firms were long assumed to be neutral and technical. But leaks, whistleblowers, and legal disputes have shed new light on automated judgment. Self-serving and reckless behavior is surprisingly common, and easy to hide in code protected by legal and real secrecy. Even after billions of dollars of fines have been levied, underfunded regulators may have only scratched the surface of this troubling behavior.

Frank Pasquale exposes how powerful interests abuse secrecy for profit and explains ways to rein them in. Demanding transparency is only the first step. An intelligible society would assure that key decisions of its most important firms are fair, nondiscriminatory, and open to criticism. Silicon Valley and Wall Street need to accept as much accountability as they impose on others.

[more]

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The Boundaries of Data
Bart van der Sloot
Amsterdam University Press, 2024
The legal domain distinguishes between different types of data and attaches a different level of protection to each of them. Thus, non-personal data are left largely unregulated, while privacy and data protection rules apply to personal data or personal information. There are stricter rules for processing sensitive personal data than for ‘ordinary’ personal data, and metadata or communications data are regulated differently than content communications data. Technological developments challenge these legal categorisations on at least three fronts: First, the lines between the categories are becoming harder to draw and more fluid. Second, working with various categories of data works well when the category a datum or dataset falls into is relatively stable. However, this is less and less so. Third, scholars increasingly question the rationale behind the various legal categorisations. This book assesses to what extent either of these strategies is feasible and to what extent alternative approaches could be developed by combining insights from three fields: technology, practice and law.
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Computers, Surveillance, and Privacy
David Lyon and Elia Zureik, Editors
University of Minnesota Press, 1996

Computers, Surveillance, and Privacy was first published in 1996. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions.

From computer networks to grocery store checkout scanners, it is easier and easier for governments, employers, advertisers, and individuals to gather detailed and sophisticated information about each of us. In this important new collection, the authors question the impact of these new technologies of surveillance on our privacy and our culture.

Although surveillance-literally some people "watching over" others-is as old as social relationships themselves, with the advent of the computer age this phenomenon has acquired new and distinctive meanings. Technological advances have made it possible for surveillance to become increasingly global and integrated-both commercial and government-related personal data flows more frequently across national boundaries, and the flow between private and public sectors has increased as well.

Addressing issues of the global integration of surveillance, social control, new information technologies, privacy violation and protection, and workplace surveillance, the contributors to Computers, Surveillance, and Privacy grapple with the ramifications of these concerns for society today. Timely and provocative, this collection will be of vital interest to anyone concerned with resistance to social control and incursions into privacy.

Contributors: Jonathan P. Allen, Colin J. Bennett, Simon G. Davies, Oscar H. Gandy Jr., Calvin C. Gotlieb, Rob Kling, Gary T. Marx, Abbe Mowshowitz, Judith A. Perrolle, Mark Poster, Priscilla M. Regan, James B. Rule.

David Lyon is professor of sociology at Queen's University, Canada. His previous books include The Electronic Eye: The Rise of Surveillance Society (Minnesota, 1994). Elia Zureik is also professor of sociology at Queen's University, Canada, and coedited (with Dianne Hartling) The Social Context of the New Information and Communication Technologies (1987).

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The Economics of Privacy
Edited by Avi Goldfarb and Catherine E. Tucker
University of Chicago Press, 2024

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.

[more]

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Face Recognition Technologies
Designing Systems that Protect Privacy and Prevent Bias
Douglas Yeung
RAND Corporation, 2020
Face recognition technologies (FRTs) have many practical security-related purposes, but advocacy groups and individuals have expressed apprehensions about their use. This report highlights the high-level privacy and bias implications of FRT systems. The authors propose a heuristic with two dimensions -- consent status and comparison type -- to help determine a proposed FRT's level of privacy and accuracy. They also identify privacy and bias concerns.
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The First Amendment Bubble
How Privacy and Paparazzi Threaten a Free Press
Amy Gajda
Harvard University Press, 2015

In determining the news that’s fit to print, U.S. courts have traditionally declined to second-guess professional journalists. But in an age when news, entertainment, and new media outlets are constantly pushing the envelope of acceptable content, the consensus over press freedoms is eroding. The First Amendment Bubble examines how unbridled media are endangering the constitutional privileges journalists gained in the past century.

For decades, judges have generally affirmed that individual privacy takes a back seat to the public’s right to know. But the growth of the Internet and the resulting market pressures on traditional journalism have made it ever harder to distinguish public from private, news from titillation, journalists from provocateurs. Is a television program that outs criminals or a website that posts salacious videos entitled to First Amendment protections based on newsworthiness? U.S. courts are increasingly inclined to answer no, demonstrating new resolve in protecting individuals from invasive media scrutiny and enforcing their own sense of the proper boundaries of news.

This judicial backlash now extends beyond ethically dubious purveyors of infotainment, to mainstream journalists, who are seeing their ability to investigate crime and corruption curtailed. Yet many—heedless of judicial demands for accountability—continue to push for ever broader constitutional privileges. In so doing, Amy Gajda warns, they may be creating a First Amendment bubble that will rupture in the courts, with disastrous consequences for conventional news.

[more]

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The Future of Digital Surveillance
Why Digital Monitoring Will Never Lose Its Appeal in a World of Algorithm-Driven AI
Yong Jin Park
University of Michigan Press, 2021

Are humans hard-wired to make good decisions about managing their privacy in an increasingly public world? Or are we helpless victims of surveillance through our use of invasive digital media? Exploring the chasm between the tyranny of surveillance and the ideal of privacy, this book traces the origins of personal data collection in digital technologies including artificial intelligence (AI) embedded in social network sites, search engines, mobile apps, the web, and email. The Future of Digital Surveillance argues against a technologically deterministic view—digital technologies by nature do not cause surveillance. Instead, the shaping of surveillance technologies is embedded in a complex set of individual psychology, institutional behaviors, and policy principles.

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The General Data Protection Regulation in Plain Language
Bart van der Sloot
Amsterdam University Press, 2020
The General Data Protection Regulation in Plain Language is a guide for anyone interested in the much-discussed rules of the GDPR. In this legislation, which came into force in 2018, the European Union meticulously describes what you can and cannot do with data about other people. Violating these rules can lead to a fine of up to 20 million euros.

This book sets out the most important obligations of individuals and organisations that process data about others. These include taking technical security measures, carrying out an impact assessment and registering all data-processing procedures within an organisation. It also discusses the rights of citizens whose data are processed, such as the right to be forgotten, the right to information and the right to data portability.
[more]

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The General Data Protection Regulation in Plain Language
Bart van der Sloot
Amsterdam University Press, 2020
The General Data Protection Regulation in Plain Language is a guide for anyone interested in the much-discussed rules of the GDPR. In this legislation, which came into force in 2018, the European Union meticulously describes what you can and cannot do with data about other people. Violating these rules can lead to a fine of up to 20 million euros. This book sets out the most important obligations of individuals and organisations that process data about others. These include taking technical security measures, carrying out an impact assessment and registering all data-processing procedures within an organisation. It also discusses the rights of citizens whose data are processed, such as the right to be forgotten, the right to information and the right to data portability.
[more]

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The Governance of Privacy
Privacy as Process: The Need for Resilient Governance
Hans de Bruijn
Amsterdam University Press

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Islands of Privacy
Christena E. Nippert-Eng
University of Chicago Press, 2010

Everyone worries about privacy these days. As corporations and governments devise increasingly sophisticated data gathering tools and joining Facebook verges on obligatory, concerns over the use and abuse of personal information are undeniable. But the way privacy functions on the virtual frontier of the Internet is only a subset of the fascinating ways we work to achieve it throughout our everyday lives. In Islands of Privacy, Christena Nippert-Eng pries open the blinds, giving us an intimate view into the full range of ordinary people’s sometimes extraordinary efforts to preserve the border between themselves and the rest of the world.

Packed with stories that are funny and sad, familiar and strange, Islands of Privacy tours the myriad arenas where privacy battles are fought, lost, and won. Nippert-Eng explores how we manage our secrets, our phone calls and e-mail, the perimeters of our homes, and our interactions with neighbors. She discovers that everybody practices the art of selectively concealing and disclosing information on a daily basis. This important balancing act governs a wide range of behaviors, from deciding whether to give our bosses our cell phone numbers to choosing what we carry in our wallets or purses. Violations of privacy and anxiety about how we grant it to each other also come under Nippert-Eng’s microscope as she crafts a compelling argument that successfully managing privacy is critical for successfully maintaining our relationships with each other and our selves.

Roaming from the beach to the bank and from the bathroom to the bus, Nippert-Eng’s keenly observed and vividly told book gives us the skinny on how we defend our shrinking islands of privacy in the vast ocean of accessibility that surrounds us.

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The Known Citizen
A History of Privacy in Modern America
Sarah E. Igo
Harvard University Press, 2020

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.”
Washington Post

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 Nation

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Media and Values
Intimate Transgressions in a Changing Moral and Cultural Landscape
David E. Morrison, Matthew Kieran, Michael Svennevig and Sarah Ventress
Intellect Books, 2007
Media and Values investigates the moral performance of the media. Based on an exhaustive number of focus groups, surveys, and interviews with senior media staffers in the United Kingdom and Europe, this book charts the changing status of the media as a moral voice. The authors argue that television has lost the authority to espouse a single vision of the proper way to live, and instead reflects the norms of a variety of social groups.  This groundbreaking volume addresses the lack of moral certainty reflected both in television programs and their audiences.
 
“There are great riches here: from the interviews with senior media executives . . . to the discussion of popular television culture's celebration of celebrity.”—John Lloyd, Prospect
 
“This profoundly original and learned book creatively illuminates citizens’ moral reasoning about the media, culture, and government. A tour de force of nuanced interdisciplinary scholarship, Media & Values offers wide-ranging insights into the responsibilities of the communication industry, the justifications and consequences of telecoms regulation—and the nature of the good society itself.”—Robert M. Entman, J. B. and M. C. Shapiro Professor of Media & Public Affairs, George Washington University
 
“This is a very important book—a ‘must read.’ The intellectual scope is astonishing: the problem it addresses is quite crucial—namely the moral incoherence of the contemporary world and the way that this shows up in empirical research into individual attitudes/opinions/tastes/judgements. It is clearly a cumulative critical reassessment of the implications of research going back to the sixties. It’s original, powerful, thoughtful and spot-on as a diagnosis of the times and the very real issues we confront today. A major piece of work.”—Paddy Scannell, Department of Communication Studies, University of Michigan
 
 
 
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Module 5
Balancing Access and Privacy in Manuscript Collections
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means without prior permission from the publisher.
Society of American Archivists, 2015
Introduces basic access and privacy laws, concepts, definitions, and professional ethical standards affecting manuscript materials and private and family papers.
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Module 6
Balancing Access and Privacy in the Records of Organizations
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means without prior permission from the publisher.
Society of American Archivists, 2015
Introduces basic access and privacy laws, concepts, definitions, and professional ethical standards affecting the management of records created by organizations, businesses, agencies, and other entities.
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Navigating the Complexities of Privacy
Issues for Libraries and Content Providers
Doreen Bradley
Against the Grain, LLC, 2024

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None of Your Damn Business
Privacy in the United States from the Gilded Age to the Digital Age
Lawrence Cappello
University of Chicago Press, 2019
Capello investigates why we’ve been so blithe about giving up our privacy and all the opportunities we’ve had along the way to rein it in.

Every day, Americans surrender their private information to entities claiming to have their best interests in mind. This trade-off has long been taken for granted, but the extent of its nefariousness has recently become much clearer. As None of Your Damn Business reveals, the problem is not so much that data will be used in ways we don’t want, but rather how willing we have been to have our information used, abused, and sold right back to us. In this startling book, Lawrence Cappello targets moments from the past 130 years of US history when privacy was central to battles over journalistic freedom, national security, surveillance, big data, and reproductive rights. As he makes dismayingly clear, Americans have had numerous opportunities to protect the public good while simultaneously safeguarding our information, and we’ve squandered them every time. None of Your Damn Business is a rich and provocative survey of an alarming topic that grows only more relevant with each fresh outrage of trust betrayed.
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The Offensive Internet
Speech, Privacy, and Reputation
Saul Levmore
Harvard University Press, 2012

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.

[more]

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On the End of Privacy
Dissolving Boundaries in a Screen-Centric World
Richard Miller
University of Pittsburgh Press, 2019
On the End of Privacy explores how literacy is transformed by online technology that lets us instantly publish anything that we can see or hear. Miller examines the 2010 suicide of Tyler Clementi, a young college student who jumped off the George Washington Bridge after he discovered that his roommate spied on him via webcam. With access to the text messages, tweets, and chatroom posts of those directly involved in this tragedy, Miller asks: why did no one intervene to stop the spying? Searching for an answer to that question leads Miller to online porn sites, the invention of Facebook, the court-martial of Chelsea Manning, the contents of Hillary Clinton’s email server, Anthony Weiner’s sexted images, Chatroulette, and more as he maps out the changing norms governing privacy in the digital age.
 
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The Politics of Privacy in Contemporary Native, Latinx, and Asian American Metafictions
Colleen Eils
The Ohio State University Press, 2020
The Politics of Privacy in Contemporary Native, Latinx, and Asian American Metafictions is the first book-length study to approach contemporary issues of racialized visibility and privacy through narrative form. Using a formal maneuver, narrative privacy, Colleen G. Eils analyzes how writers of contemporary metafictions explicitly withhold stories from readers to illuminate and theorize the politics of privacy in a post–9/11 US context. As a formal device and reading strategy, narrative privacy has two primary critical interests: affirming the historically political nature of visibility, particularly for people of color and indigenous people, and theorizing privacy as a political assertion of power over representation and material vulnerability.
 
Eils breaks strict disciplinary silos by putting visibility/surveillance studies, ethnic studies, and narrative studies in conversation with one another. Eils also puts texts in the Native, Latinx, and Asian American literary canon in conversation with each other. She focuses on texts by Viet Thanh Nguyen, David Treuer, Monique Truong, Rigoberto González, Nam Le, and Stephen Graham Jones that call into question our positions as readers and critics. In deliberately and self-consciously evading readers through the form of their fiction, these writers seize privacy as a political tool for claiming and wielding power in both representational and material registers.
 
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Privacy & Confidentiality Perspectives
Archivists & Archival Records
Menzi L. Behrnd-Klodt
American Library Association, 2009

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Privacy and Confidentiality Perspectives
Archivists and Archival Records
Menzi Behrnd-Klodt
Society of American Archivists, 2005
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.
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Privacy and Freedom of Information in 21st-Century Libraries
Jason Griffey
American Library Association, 2010

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Privacy and the Past
Research, Law, Archives, Ethics
Lawrence, Susan C
Rutgers University Press, 2016
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.
 
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Privacy
Concealing the Eighteenth-Century Self
Patricia Meyer Spacks
University of Chicago Press, 2003
Today we consider privacy a right to be protected. But in eighteenth-century England, privacy was seen as a problem, even a threat. Women reading alone and people hiding their true thoughts from one another in conversation generated fears of uncontrollable fantasies and profound anxieties about insincerity.

In Privacy, Patricia Meyer Spacks explores eighteenth-century concerns about privacy and the strategies people developed to avoid public scrutiny and social pressure. She examines, for instance, the way people hid behind common rules of etiquette to mask their innermost feelings and how, in fact, people were taught to employ such devices. She considers the erotic overtones that privacy aroused in its suppression of deeper desires. And perhaps most important, she explores the idea of privacy as a societal threat—one that bred pretense and hypocrisy in its practitioners. Through inspired readings of novels by Defoe, Richardson, Fielding, and Sterne, along with a penetrating glimpse into diaries, autobiographies, poems, and works of pornography written during the period, Spacks ultimately shows how writers charted the imaginative possibilities of privacy and its social repercussions.

Finely nuanced and elegantly conceived, Spacks's new work will fascinate anyone who has relished concealment or mourned its recent demise.
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Privacy’s Blueprint
The Battle to Control the Design of New Technologies
Woodrow Hartzog
Harvard University Press, 2018

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.

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The Public Life of Privacy in Nineteenth-Century American Literature
Stacey Margolis
Duke University Press, 2005
Stacey Margolis rethinks a key chapter in American literary history, challenging the idea that nineteenth-century American culture was dominated by an ideology of privacy that defined subjects in terms of their intentions and desires. She reveals how writers from Nathaniel Hawthorne to Henry James depicted a world in which characters could only be understood—and, more importantly, could only understand themselves—through their public actions. She argues that the social issues that nineteenth-century novelists analyzed—including race, sexuality, the market, and the law—formed integral parts of a broader cultural shift toward understanding individuals not according to their feelings, desires, or intentions, but rather in light of the various inevitable traces they left on the world.

Margolis provides readings of fiction by Hawthorne and James as well as Susan Warner, Mark Twain, Charles Chesnutt, and Pauline Hopkins. In these writers’ works, she traces a distinctive novelistic tradition that viewed social developments—such as changes in political partisanship and childhood education and the rise of new politico-legal forms like negligence law—as means for understanding how individuals were shaped by their interactions with society. The Public Life of Privacy in Nineteenth-Century American Literature adds a new level of complexity to understandings of nineteenth-century American culture by illuminating a literary tradition full of accidents, mistakes, and unintended consequences—one in which feelings and desires were often overshadowed by all that was external to the self.

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The Right of Publicity
Privacy Reimagined for a Public World
Jennifer E. Rothman
Harvard University Press, 2018

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.

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The Right to Oblivion
Privacy and the Good Life
Lowry Pressly
Harvard University Press

A visionary reexamination of the value of privacy in today’s hypermediated world—not just as a political right but as the key to a life worth living.

The parts of our lives that are not being surveilled and turned into data diminish each day. We are able to configure privacy settings on our devices and social media platforms, but we know our efforts pale in comparison to the scale of surveillance capitalism and algorithmic manipulation. In our hyperconnected era, many have begun to wonder whether it is still possible to live a private life, or whether it is no longer worth fighting for.

The Right to Oblivion argues incisively and persuasively that we still can and should strive for privacy, though for different reasons than we might think. Recent years have seen heated debate in the realm of law and technology about why privacy matters, often focusing on how personal data breaches amount to violations of individual freedom. Yet as Lowry Pressly shows, the very terms of this debate have undermined our understanding of privacy’s real value. In a novel philosophical account, Pressly insists that privacy isn’t simply a right to be protected but a tool for making life meaningful.

Privacy deepens our relationships with others as well as ourselves, reinforcing our capacities for agency, trust, play, self-discovery, and growth. Without privacy, the world would grow shallow, lonely, and inhospitable. Drawing inspiration from the likes of Hannah Arendt, Jorge Luis Borges, and a range of contemporary artists, Pressly shows why we all need a refuge from the world: not a place to hide, but a psychic space beyond the confines of a digital world in which the individual is treated as mere data.

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The Right To Privacy
Gays, Lesbians, and the Constitution
Vincent J. Samar
Temple University Press, 1992

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.

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Security and Privacy of Electronic Healthcare Records
Concepts, paradigms and solutions
Sudeep Tanwar
The Institution of Engineering and Technology, 2020
Hospitals, medical practices and healthcare organizations are implementing new technologies at breakneck speed. Yet privacy and security considerations are often an afterthought, putting healthcare organizations at risk of data security and privacy issues, fines, damage to their reputations, with serious potential consequences for the patients. Electronic Health Record systems (EHRs) consist of clinical notes, patient listings, lab results, imaging results and screening tests. EHRs are growing in complexity over time and requiring increasing amounts of data storage.
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Sexting Panic
Rethinking Criminalization, Privacy, and Consent
Amy Adele Hasinoff
University of Illinois Press, 2015
Sexting Panic illustrates how anxieties about technology and teen girls' sexuality distract from critical questions about how to adapt norms of privacy and consent for new media. Though mobile phones can be used to cause harm, Amy Adele Hasinoff notes that criminalization and abstinence policies meant to curb sexting often fail to account for the distinction between consensual sharing and the malicious distribution of a private image. Hasinoff challenges the idea that sexting inevitably victimizes young women. Instead, she encourages us to recognize young people's capacity for choice and recommends responses to sexting that are realistic and nuanced rather than based on misplaced fears about deviance, sexuality, and digital media.
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Spectacular Disappearances
Celebrity and Privacy, 1696-1801
Julia H. Fawcett
University of Michigan Press, 2016
How can people in the spotlight control their self-representations when the whole world seems to be watching? The question is familiar, but not new. Julia Fawcett examines the stages, pages, and streets of eighteenth-century London as England's first modern celebrities performed their own strange and spectacular self-representations.  They include the enormous wig that actor Colley Cibber donned in his comic role as Lord Foppington--and that later reappeared on the head of Cibber's cross-dressing daughter, Charlotte Charke. They include the black page of Tristram Shandy, a memorial to the parson Yorick (and author Laurence Sterne), a page so full of ink that it cannot be read. And they include the puffs and prologues that David Garrick used to heighten his publicity while protecting his privacy; the epistolary autobiography, modeled on the sentimental novel, of Garrick's protégée George Anne Bellamy; and the elliptical poems and portraits of the poet, actress, and royal courtesan Mary Robinson, a.k.a. Perdita.

Linking all of these representations is a quality that Fawcett terms "over-expression," the unique quality that allows celebrities to meet their spectators' demands for disclosure without giving themselves away. Like a spotlight so brilliant it is blinding, these exaggerated but illegible self-representations suggest a new way of understanding some of the key aspects of celebrity culture, both in the eighteenth century and today. They also challenge divides between theatrical character and novelistic character in eighteenth-century studies, or between performance studies and literary studies today. The book provides an indispensable history for scholars and students in celebrity studies, performance studies, and autobiography—and for anyone curious about the origins of the eighteenth-century self.
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Spying with Maps
Surveillance Technologies and the Future of Privacy
Mark Monmonier
University of Chicago Press, 2002
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.
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SuperVision
An Introduction to the Surveillance Society
John Gilliom and Torin Monahan
University of Chicago Press, 2012

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.
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front cover of Surveillance, Privacy, and the Law
Surveillance, Privacy, and the Law
Employee Drug Testing and the Politics of Social Control
John Gilliom
University of Michigan Press, 1996
Employee drug testing is an invasive and controversial new social control policy that burst into the American work place during the war on drugs of the 1980s. Workers, judges, and politicians divided over whether it was an unnecessary and unconstitutional program of surveillance or an effective and appropriate new weapon in the anti-drug arsenal. When the dust had settled, the new technique was widely used and had been strongly approved by the United States Supreme Court. This raises the fundamental question: Why was the momentum behind testing so strong and the opposition to testing so ineffective?
Drawing on theories of ideological hegemony and legal mobilization, John Gilliom begins the search for answers with an examination of how the imagery of a national drug crisis served as the legitimating context for the introduction of testing. Surveillance, Privacy, and the Law then moves beyond the specific history of testing and frames the new policy within a broader transformation of social control policy seen by students of political economy, society, and culture. The book cites survey research among skilled workers and analyzes court opinions to highlight the sharply polarized opinions in the workplaces and courthouses of America. Although federal court decisions show massive and impassioned disagreement among judges, the new conservative Supreme Court comes down squarely behind testing. Its ruling embraces surveillance technology, rejects arguments against testing, and undermines future opposition to policies of general surveillance.
Surveillance, Privacy, and the Law portrays the apparent triumph of testing policies as a victory for the conservative law-and-order movement and a stark loss for the values of privacy and autonomy. As one episode in a broader move toward a surveillance society, the battle over employee drug testing raises disturbing questions about future struggles over revolutionary new means of surveillance and control.
John Gilliom is Professor of Political Science, Ohio University.
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Understanding Privacy
Daniel J. Solove
Harvard University Press, 2010

Privacy is one of the most important concepts of our time, yet it is also one of the most elusive. As rapidly changing technology makes information increasingly available, scholars, activists, and policymakers have struggled to define privacy, with many conceding that the task is virtually impossible.

In this concise and lucid book, Daniel J. Solove offers a comprehensive overview of the difficulties involved in discussions of privacy and ultimately provides a provocative resolution. He argues that no single definition can be workable, but rather that there are multiple forms of privacy, related to one another by family resemblances. His theory bridges cultural differences and addresses historical changes in views on privacy. Drawing on a broad array of interdisciplinary sources, Solove sets forth a framework for understanding privacy that provides clear, practical guidance for engaging with relevant issues.

Understanding Privacy will be an essential introduction to long-standing debates and an invaluable resource for crafting laws and policies about surveillance, data mining, identity theft, state involvement in reproductive and marital decisions, and other pressing contemporary matters concerning privacy.

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User-Centric Privacy and Security in Biometrics
Claus Vielhauer
The Institution of Engineering and Technology, 2018
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.
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