Intellectual Privacy

Author: Neil Richards
Publisher: Oxford University Press, USA
ISBN: 9780199946143
Release Date: 2014-11-13
Genre: Law

"Neil Richards argues that when privacy and free speech truly conflict, free speech should almost always win, but contends that, contrary to conventional wisdom, speech and privacy are only rarely in conflict"--

Intellectual Privacy

Author: Neil Richards
Publisher: Oxford University Press
ISBN: 9780199946150
Release Date: 2015-01-02
Genre: Law

Most people believe that the right to privacy is inherently at odds with the right to free speech. Courts all over the world have struggled with how to reconcile the problems of media gossip with our commitment to free and open public debate for over a century. The rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, where offensive and hurtful speech about others is rife. How should we think about the problems of privacy and free speech? In Intellectual Privacy, Neil Richards offers a different solution, one that ensures that our ideas and values keep pace with our technologies. Because of the importance of free speech to free and open societies, he argues that when privacy and free speech truly conflict, free speech should almost always win. Only when disclosures of truly horrible information are made (such as sex tapes) should privacy be able to trump our commitment to free expression. But in sharp contrast to conventional wisdom, Richards argues that speech and privacy are only rarely in conflict. America's obsession with celebrity culture has blinded us to more important aspects of how privacy and speech fit together. Celebrity gossip might be a price we pay for a free press, but the privacy of ordinary people need not be. True invasions of privacy like peeping toms or electronic surveillance will rarely merit protection as free speech. And critically, Richards shows how most of the law we enact to protect online privacy pose no serious burden to public debate, and how protecting the privacy of our data is not censorship. More fundamentally, Richards shows how privacy and free speech are often essential to each other. He explains the importance of 'intellectual privacy,' protection from surveillance or interference when we are engaged in the processes of generating ideas - thinking, reading, and speaking with confidantes before our ideas are ready for public consumption. In our digital age, in which we increasingly communicate, read, and think with the help of technologies that track us, increased protection for intellectual privacy has become an imperative. What we must do, then, is to worry less about barring tabloid gossip, and worry much more about corporate and government surveillance into the minds, conversations, reading habits, and political beliefs of ordinary people. A timely and provocative book on a subject that affects us all, Intellectual Privacy will radically reshape the debate about privacy and free speech in our digital age.

Intellectual Privacy

Author: Neil Richards
Publisher: Oxford University Press
ISBN: 9780190225094
Release Date: 2015-01-02
Genre: Law

Most people believe that the right to privacy is inherently at odds with the right to free speech. Courts all over the world have struggled with how to reconcile the problems of media gossip with our commitment to free and open public debate for over a century. The rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, where offensive and hurtful speech about others is rife. How should we think about the problems of privacy and free speech? In Intellectual Privacy, Neil Richards offers a different solution, one that ensures that our ideas and values keep pace with our technologies. Because of the importance of free speech to free and open societies, he argues that when privacy and free speech truly conflict, free speech should almost always win. Only when disclosures of truly horrible information are made (such as sex tapes) should privacy be able to trump our commitment to free expression. But in sharp contrast to conventional wisdom, Richards argues that speech and privacy are only rarely in conflict. America's obsession with celebrity culture has blinded us to more important aspects of how privacy and speech fit together. Celebrity gossip might be a price we pay for a free press, but the privacy of ordinary people need not be. True invasions of privacy like peeping toms or electronic surveillance will rarely merit protection as free speech. And critically, Richards shows how most of the law we enact to protect online privacy pose no serious burden to public debate, and how protecting the privacy of our data is not censorship. More fundamentally, Richards shows how privacy and free speech are often essential to each other. He explains the importance of 'intellectual privacy,' protection from surveillance or interference when we are engaged in the processes of generating ideas - thinking, reading, and speaking with confidantes before our ideas are ready for public consumption. In our digital age, in which we increasingly communicate, read, and think with the help of technologies that track us, increased protection for intellectual privacy has become an imperative. What we must do, then, is to worry less about barring tabloid gossip, and worry much more about corporate and government surveillance into the minds, conversations, reading habits, and political beliefs of ordinary people. A timely and provocative book on a subject that affects us all, Intellectual Privacy will radically reshape the debate about privacy and free speech in our digital age.

The First Amendment Bubble

Author: Amy Gajda
Publisher: Harvard University Press
ISBN: 9780674368323
Release Date: 2015-01-05
Genre: Law

For decades, privacy took a back seat to the public’s right to know. But as the Internet and changing journalism have made it harder to distinguish news from titillation, U.S. courts are showing new resolve in protecting individuals from invasive media scrutiny. As Amy Gajda shows, this judicial backlash is now impinging on mainstream journalists.

More Essential Than Ever

Author: Stephen J. Schulhofer
Publisher: Oxford University Press
ISBN: 9780195392128
Release Date: 2012-08-23
Genre: Law

In this book, Stephen Shulhofer explores the changes wrought by the new surveillance regime through the lens of the Fourth Amendment's meaning and history. companies and the state use to scrutinize us, this book makes a powerful case for the importance of the Fourth Amendment in protecting both privacy rights and civil liberties in our surveillance age.

Madison s Music

Author: Burt Neuborne
Publisher: New Press, The
ISBN: 9781620970539
Release Date: 2015-02-03
Genre: Law

Are you sitting down? It turns out that everything you learned about the First Amendment is wrong. For too long, we’ve been treating small, isolated snippets of the text as infallible gospel without looking at the masterpiece of the whole. Legal luminary Burt Neuborne argues that the structure of the First Amendment as well as of the entire Bill of Rights was more intentional than most people realize, beginning with the internal freedom of conscience and working outward to freedom of expression and finally freedom of public association. This design, Neuborne argues, was not to protect discrete individual rights—such as the rights of corporations to spend unlimited amounts of money to influence elections—but to guarantee that the process of democracy continues without disenfranchisement, oppression, or injustice. Neuborne, who was the legal director of the ACLU and has argued numerous cases before the Supreme Court, invites us to hear the “music” within the form and content of Madison’s carefully formulated text. When we hear Madison’s music, a democratic ideal flowers in front of us, and we can see that the First Amendment gives us the tools to fight for campaign finance reform, the right to vote, equal rights in the military, the right to be full citizens, and the right to prevent corporations from riding roughshod over the weakest among us. Neuborne gives us an eloquent lesson in democracy that informs and inspires.

Development as Freedom

Author: Amartya Sen
Publisher: Anchor
ISBN: 030787429X
Release Date: 2011-05-25
Genre: Business & Economics

By the winner of the 1988 Nobel Prize in Economics, an essential and paradigm-altering framework for understanding economic development--for both rich and poor--in the twenty-first century. Freedom, Sen argues, is both the end and most efficient means of sustaining economic life and the key to securing the general welfare of the world's entire population. Releasing the idea of individual freedom from association with any particular historical, intellectual, political, or religious tradition, Sen clearly demonstrates its current applicability and possibilities. In the new global economy, where, despite unprecedented increases in overall opulence, the contemporary world denies elementary freedoms to vast numbers--perhaps even the majority of people--he concludes, it is still possible to practically and optimistically restain a sense of social accountability. Development as Freedom is essential reading.

Social Dimensions of Privacy

Author: Beate Roessler
Publisher: Cambridge University Press
ISBN: 9781107052376
Release Date: 2015-06-26
Genre: Law

An interdisciplinary group of privacy scholars explores social meaning and value of privacy in new privacy-sensitive areas.

Media Law and Policy in the Internet Age

Author: Doreen Weisenhaus
Publisher: Bloomsbury Publishing
ISBN: 9781782257387
Release Date: 2017-02-23
Genre: Law

The Internet brings opportunity and peril for media freedom and freedom of expression. It enables new forms of publication and extends the reach of traditional publishers, but its power increases the potential damage of harmful speech and invites state regulation and censorship as well as manipulation by private and commercial interests. In jurisdictions around the world, courts, lawmakers and regulators grapple with these contradictions and challenges in different ways with different goals in mind. The media law reforms they are adopting or considering contain crucial lessons for those forming their own responses or who seek to understand how technology is driving such rapid change in how information and opinion are distributed or restricted. In this book, many of the world's leading authorities examine the emerging landscape of reform in nations with variable political and legal contexts. They analyse developments particularly through the prisms of defamation and media regulation, but also explore the impact of technology on privacy law and national security. Whether as jurists, lawmakers, legal practitioners or scholars, they are at the front lines of a story of epic change in how and why the Internet is changing the nature and raising the stakes of 21st century communication and expression. "The internet has given the world the means to more fully realize the right to seek, receive and impart information and ideas regardless of frontiers. But this giant step for freedom of information has come with equally giant challenges, including that of adapting laws and national jurisdiction to this borderless medium. Media Law and Policy in the Internet Age could not have come at a more pressing time. It provides a crucial and comparative insight into the defining issue of the decade. A must-read for anyone seeking to better comprehend the depth and breadth of the impact of the internet on our legal concepts, systems and reasoning." Dr Agnes Callamard, Director, Columbia Global Freedom of Expression, Columbia University "It has never been easier to communicate information; the internet and social media enable anyone to be a publisher or netizen. Laws to restrict communication adapt to this new context, creating fresh battlegrounds in the continuing fight to protect freedom of expression. This book shines a bright light on the issues at stake, with insights from the front lines by individuals dedicated to media law reforms. How the law affects free speech matters to us all." Heather Rogers, QC, One Brick Court, London, and co-author Duncan and Neill on Defamation (4th edn) (2015) "Media Law and Policy in the Internet Age represents a significant addition to the still limited literature on how we should approach media freedom globally. It coherently examines various internet-driven challenges and opportunities for media law reforms. This informatively edited volume provides an in-depth and wide-ranging insight into defamation, privacy, "open justice,†? the journalist's privilege, and more. The book should be essential reading for anyone interested in the international, foreign, and comparative framework for analyzing the internet's impact on media freedom and practice." Kyu Ho Youm, Professor and Jonathan Marshall First Amendment Chair, University of Oregon "The legal environment underlying serious journalism rarely gets enough attention, yet it is crucial to what we journalists do. The shifting laws that impact our reporting have grown markedly more complex in the digital age. Fortunately, we have a groundbreaking new resource in the field. In Media Law and Policy in the Internet Age, Doreen Weisenhaus, Simon Young and their colleagues chart the global trends affecting media freedom, libel law, and online expression. For those who care about the future of free expression, this is an invaluable addition." David E Kaplan, Executive Director, Global Investigative Journalism Network

Nothing to Hide

Author: Daniel J. Solove
Publisher: Yale University Press
ISBN: 9780300177251
Release Date: 2011
Genre: Law

"If you've got nothing to hide," many people say, "you shouldn't worry about government surveillance." Others argue that we must sacrifice privacy for security. But as Daniel J. Solove argues in this important book, these arguments and many others are flawed. They are based on mistaken views about what it means to protect privacy and the costs and benefits of doing so. The debate between privacy and security has been framed incorrectly as a zero-sum game in which we are forced to choose between one value and the other. Why can't we have both? In this concise and accessible book, Solove exposes the fallacies of many pro-security arguments that have skewed law and policy to favor security at the expense of privacy. Protecting privacy isn't fatal to security measures; it merely involves adequate oversight and regulation. Solove traces the history of the privacy-security debate from the Revolution to the present day. He explains how the law protects privacy and examines concerns with new technologies. He then points out the failings of our current system and offers specific remedies. Nothing to Hide makes a powerful and compelling case for reaching a better balance between privacy and security and reveals why doing so is essential to protect our freedom and democracy"--Jacket.

Kingpin

Author: Kevin Poulsen
Publisher: Broadway Books
ISBN: 9780307588692
Release Date: 2012
Genre: Technology & Engineering

Documents how a troubled young computer hacker seized control of a massive international computer fraud network in 2006, tracing the efforts of FBI and Secret Service agents as well as an undercover operator to locate and arrest him. Reprint.

Blown to Bits

Author: Harold Abelson
Publisher: Addison-Wesley Professional
ISBN: 9780137135592
Release Date: 2008
Genre: Computers

Every day, billions of photographs, news stories, songs, X-rays, TV shows, phone calls, and emails are being scattered around the world as sequences of zeroes and ones: bits. We can't escape this explosion of digital information and few of us want to-the benefits are too seductive. The technology has enabled unprecedented innovation, collaboration, entertainment, and democratic participation. But the same engineering marvels are shattering centuries-old assumptions about privacy, identity, free expression, and personal control as more and more details of our lives are captured as digital data. Can you control who sees all that personal information about you? Can email be truly confidential, when nothing seems to be private? Shouldn't the Internet be censored the way radio and TV are? is it really a federal crime to download music? When you use Google or Yahoo! to search for something, how do they decide which sites to show you? Do you still have free speech in the digital world? Do you have a voice in shaping government or corporate policies about any of this? Blown to Bits offers provocative answers to these questions and tells intriguing real-life stories. This book is a wake-up call To The human consequences of the digital explosion.

Private Power Online Information Flows and EU Law

Author: Angela Daly
Publisher: Bloomsbury Publishing
ISBN: 9781509900657
Release Date: 2016-12-01
Genre: Law

This monograph examines how European Union law and regulation address concentrations of private economic power which impede free information flows on the Internet to the detriment of Internet users' autonomy. In particular, competition law, sector specific regulation (if it exists), data protection and human rights law are considered and assessed to the extent they can tackle such concentrations of power for the benefit of users. Using a series of illustrative case studies, of Internet provision, search, mobile devices and app stores, and the cloud, the work demonstrates the gaps that currently exist in EU law and regulation. It is argued that these gaps exist due, in part, to current overarching trends guiding the regulation of economic power, namely neoliberalism, by which only the situation of market failure can invite ex ante rules, buoyed by the lobbying of regulators and legislators by those in possession of such economic power to achieve outcomes which favour their businesses. Given this systemic, and extra-legal, nature of the reasons as to why the gaps exist, solutions from outside the system are proposed at the end of each case study. This study will appeal to EU competition lawyers and media lawyers.

Ctrl Z

Author: Meg Leta Jones
Publisher: NYU Press
ISBN: 9781479876747
Release Date: 2018-05
Genre: Law

A gripping insight into the digital debate over data ownership, permanence and policy “This is going on your permanent record!” is a threat that has never held more weight than it does in the Internet Age, when information lasts indefinitely. The ability to make good on that threat is as democratized as posting a Tweet or making blog. Data about us is created, shared, collected, analyzed, and processed at an overwhelming scale. The damage caused can be severe, affecting relationships, employment, academic success, and any number of other opportunities—and it can also be long lasting. One possible solution to this threat? A digital right to be forgotten, which would in turn create a legal duty to delete, hide, or anonymize information at the request of another user. The highly controversial right has been criticized as a repugnant affront to principles of expression and access, as unworkable as a technical measure, and as effective as trying to put the cat back in the bag. Ctrl+Z breaks down the debate and provides guidance for a way forward. It argues that the existing perspectives are too limited, offering easy forgetting or none at all. By looking at new theories of privacy and organizing the many potential applications of the right, law and technology scholar Meg Leta Jones offers a set of nuanced choices. To help us choose, she provides a digital information life cycle, reflects on particular legal cultures, and analyzes international interoperability. In the end, the right to be forgotten can be innovative, liberating, and globally viable.