The Digital Person: Technology and Privacy in the Information Age available in Paperback, eBook
The Digital Person: Technology and Privacy in the Information Age
- ISBN-10:
- 0814740375
- ISBN-13:
- 9780814740378
- Pub. Date:
- 09/01/2006
- Publisher:
- New York University Press
- ISBN-10:
- 0814740375
- ISBN-13:
- 9780814740378
- Pub. Date:
- 09/01/2006
- Publisher:
- New York University Press
The Digital Person: Technology and Privacy in the Information Age
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Overview
Seven days a week, twenty-four hours a day, electronic databases are compiling information about you. As you surf the Internet, an unprecedented amount of your personal information is being recorded and preserved forever in the digital minds of computers. For each individual, these databases create a profile of activities, interests, and preferences used to investigate backgrounds, check credit, market products, and make a wide variety of decisions affecting our lives. The creation and use of these databases—which Daniel J. Solove calls “digital dossiers”—has thus far gone largely unchecked. In this startling account of new technologies for gathering and using personal data, Solove explains why digital dossiers pose a grave threat to our privacy.
The Digital Person sets forth a new understanding of what privacy is, one that is appropriate for the new challenges of the Information Age. Solove recommends how the law can be reformed to simultaneously protect our privacy and allow us to enjoy the benefits of our increasingly digital world.
This is the first volume in the series EX MACHINA: LAW, TECHNOLOGY, AND SOCIETY.
Product Details
ISBN-13: | 9780814740378 |
---|---|
Publisher: | New York University Press |
Publication date: | 09/01/2006 |
Series: | Ex Machina: Law, Technology, and Society , #1 |
Pages: | 283 |
Product dimensions: | 6.00(w) x 9.00(h) x 0.67(d) |
About the Author
Table of Contents
Acknowledgments | ix | |
1 | Introduction | 1 |
The Problems of Digital Dossiers | 2 | |
Traditional Conceptions of Privacy | 7 | |
Rethinking Privacy | 8 | |
A Road Map for This Book | 9 | |
i | Computer databases | |
2 | The Rise of the Digital Dossier | 13 |
A History of Public-Sector Databases | 13 | |
A History of Private-Sector Databases | 16 | |
Cyberspace and Personal Information | 22 | |
3 | Kafka and Orwell: Reconceptualizing Information Privacy | 27 |
The Importance of Metaphor | 27 | |
George Orwell's Big Brother | 29 | |
Franz Kafka's Trial | 36 | |
Beyond the Secrecy Paradigm | 42 | |
The Aggregation Effect | 44 | |
Forms of Dehumanization: Databases and the Kafka Metaphor | 47 | |
4 | The Problems of Information Privacy Law | 56 |
The Privacy Torts | 57 | |
Constitutional Law | 62 | |
Statutory Law | 67 | |
The FTC and Unfair and Deceptive Practices | 72 | |
A World of Radical Transparency: Freedom of Information Law | 73 | |
The Law of Information Privacy and Its Shortcomings | 74 | |
5 | The Limits of Market-Based Solutions | 76 |
Market-Based Solutions | 76 | |
Misgivings of the Market | 81 | |
The Value of Personal Information | 87 | |
Too Much Paternalism? | 90 | |
6 | Architecture and the Protection of Privacy | 93 |
Two Models for the Protection of Privacy | 93 | |
Toward an Architecture for Privacy and the Private Sector | 101 | |
Reconceptualizing Identity Theft | 109 | |
Forging a New Architecture | 119 | |
ii | Public records | |
7 | The Problem of Public Records | 127 |
Records from Birth to Death | 127 | |
The Impact of Technology | 131 | |
The Regulation of Public Records | 132 | |
8 | Access and Aggregation: Rethinking Privacy and Transparency | 140 |
The Tension between Transparency and Privacy | 140 | |
Conceptualizing Privacy and Public Records | 143 | |
Transparency and Privacy: Reconciling the Tension | 150 | |
Public Records and the First Amendment | 155 | |
iii | Government access | |
9 | Government Information Gathering | 165 |
Third Party Records and the Government | 165 | |
Government-Private-Sector Information Flows | 168 | |
The Orwellian Dangers | 175 | |
The Kafkaesque Dangers | 177 | |
Protecting Privacy with Architecture | 186 | |
10 | The Fourth Amendment, Records, and Privacy | 188 |
The Architecture of the Fourth Amendment | 188 | |
The Shifting Paradigms of Fourth Amendment Privacy | 195 | |
The New Olmstead | 200 | |
The Emerging Statutory Regime and Its Limits | 202 | |
11 | Reconstructing the Architecture | 210 |
Scope: System of Records | 211 | |
Structure: Mechanisms of Oversight | 217 | |
Regulating Post-Collection Use of Data | 221 | |
Developing an Architecture | 222 | |
12 | Conclusion | 223 |
Notes | 229 | |
Index | 267 | |
About the Author | 283 |
What People are Saying About This
A must-read. The Digital Person is a far-reaching examination of how 'digital dossiers' are shaping our lives. Solove has persuasively reconceptualized privacy for the digital age.
Professor of Law, Brooklyn Law School
Daniel Solove is one of the most energetic and creative scholars writing about privacy today. The Digital Person is an important contribution to the privacy debate, and Solove's discussion of the harms of what he calls 'digital dossiers' is invaluable.
author of The Unwanted Gaze and The Naked Crowd
Solove's book is the best exposition thus far about the threat that computer databases containing personal data about millions of Americans poses for information privacy. Solove documents not only how ongoing advances in information technology is increasing this threat significantly, but also how governmental uses of private sector databases and private sector uses of governmental databases are further eroding the privacy-by-obscurity protection of yesteryear. Most importantly, Solove offers a conception of privacy that, if adopted, provides guidance about policies that would preserve information privacy as a social value.
Chancellor's Professor of Law and Information Management at the University of California, Berkeley
“This comprehensive analysis of privacy in the information age challenges traditional assumptions that breeches of privacy through the development of electronic dossiers involve the invasion of one's private space.”
-Choice
,
“Solove ultimately is no ‘chicken little’ but an idealist of the best sort, concluding a positive role for law in the problem of privacy. Whether the world will leave Orwell and Kafka behind and evolve into Solove remains to be seen, but herein is offered a plan to achieve that objective.”
-Journal of Information Ethics
,
“The Digital Person challenges the existing ways in which law and legal theory approach the social, political, and legal implications of the collection and use of personal information in computer databases. Solove’s book is ambitious, and represents the most important publication in the field of information privacy law for some years.”
-Georgetown Law Journal
,
“Anyone concerned with preserving privacy against technology's growing intrusiveness will find this book enlightening.”
-Publishers Weekly
,
“Solove . . . truly understands the intersection of law and technology. This book is a fascinating journey into the almost surreal ways personal information is hoarded, used, and abused in the digital age.”
-The Wall Street Journal