By Austin Sarat

Contemporary revelations approximately America's nationwide safety organization provide a stark reminder of the demanding situations posed via the increase of the electronic age for American legislation. those demanding situations refigure the that means of autonomy and the which means of the note "social" in an age of latest modalities of surveillance and social interplay, in addition to new reproductive applied sciences and the biotechnology revolution. every one of those advancements turns out to portend a global with no privateness, or a minimum of an international during which the that means of privateness is appreciably reworked, either as a felony proposal and a lived fact. every one calls for us to reconsider the function that legislation can and may play in responding to contemporary threats to privateness. Can the legislations stay alongside of rising threats to privateness? Can it offer potent safety opposed to new sorts of surveillance? This e-book bargains a few solutions to those questions. It considers a number of assorted understandings of privateness and offers examples of criminal responses to the threats to privateness linked to new modalities of surveillance, the increase of electronic expertise, the excesses of the Bush and Obama administrations, and the continued warfare on terror.

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

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Thus, when we expand our idea of “privacy” beyond embarrassing secrets to include the regulation of information flows more generally, we see that privacy – and privacy law – is very much alive. Privacy law is one of the fastest-growing fields of legal practice. Indeed, as a legal specialty, privacy law is booming. aspx, Practice Area Search term: “Privacy Law” (last searched on November 16, 2013). 35 The important point I want make here is this: however we define privacy, it will have to do with information.

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

Social media sites flip the social dynamic from publicthrough-effort and private-by-default on its head and offer limited, and often confusing privacy options. In addition, the voluntary sharing that takes place is dominantly peer-topeer: young people often “engage in sophisticated tweaking of the privacy settings” on social networks to protect their information from perceived authority figures. A more accurate interpretation of the available evidence suggests that people do in fact care about privacy, but they are bewildered by the difficulty of protecting their personal information in a time of rapid technological change and limited options.

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