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
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.
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.
Social media compile data on users, retailers mine information on consumers, Internet giants create dossiers of who we know and what we do, and intelligence agencies collect all this plus billions of communications daily. 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. Exposed offers a powerful critique of our new virtual transparence, revealing just how unfree we are becoming and how little we seem to care.
Bernard Harcourt guides us through our new digital landscape, one that makes it so easy for others to monitor, profile, and shape our every desire. We are building what he calls the expository society—a platform for unprecedented levels of exhibition, watching, and influence that is reconfiguring our political relations and reshaping our notions of what it means to be an individual.
We are not scandalized by this. To the contrary: we crave exposure and knowingly surrender our privacy and anonymity in order to tap into social networks and consumer convenience—or we give in ambivalently, despite our reservations. But we have arrived at a moment of reckoning. If we do not wish to be trapped in a steel mesh of wireless digits, we have a responsibility to do whatever we can to resist. Disobedience to a regime that relies on massive data mining can take many forms, from aggressively encrypting personal information to leaking government secrets, but all will require conviction and courage.
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.
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
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
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.
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.
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
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.
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.
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.
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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