Nothing to Hide: The False Tradeoff between Privacy and Security by Daniel J. Solove | 9780300172317 | Hardcover | Barnes & Noble
Nothing to Hide: The False Tradeoff between Privacy and Security

Nothing to Hide: The False Tradeoff between Privacy and Security

5.0 1
by Daniel J. Solove
     
 

ISBN-10: 0300172311

ISBN-13: 9780300172317

Pub. Date: 05/31/2011

Publisher: Yale University Press

"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

Overview

"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.

Product Details

ISBN-13:
9780300172317
Publisher:
Yale University Press
Publication date:
05/31/2011
Edition description:
New Edition
Pages:
256
Product dimensions:
6.40(w) x 9.30(h) x 1.00(d)

Table of Contents

Preface 7

1 Introduction 1

Part I Values: How We Should Assess and Balance the Values of Privacy and Security

2 The Nothing-to-Hide Argument 21

3 The All-or-Nothing Fallacy 33

4 The Danger of Deference 38

5 Why Privacy Isn't Merely an Individual Right 47

Part II Times of Crisis: How the Law Should Address Matters of National Security

6 The Pendulum Argument 55

7 The National-Security Argument 62

8 The Problem with Dissolving the Crime-Espionage Distinction 71

9 The War-Powers Argument and the Rule of Law 81

Part III Constitutional Rights: How the Constitution Should Protect Privacy

10 The Fourth Amendment and the Secrecy Paradigm 93

11 The Third Party Doctrine and Digital Dossiers 102

12 The Failure of Looking for a Reasonable Expectation of Privacy 111

13 The Suspicionless-Searches Argument 123

14 Should We Keep the Exclusionary Rule? 134

15 The First Amendment as Criminal Procedure 146

Part IV New Technologies: How the Law Should Cope with Changing Technology

16 Will Repealing the Patriot Act Restore Our Privacy? 155

17 The Law-and-Technology Problem and the Leave-It-to-the-Legislature Argument 164

18 Video Surveillance and the No-Privacy-in-Public Argument 174

19 Should the Government Engage in Data Mining? 182

20 The Luddite Argument, the Titanic Phenomenon, and the Fix-a-Problem Strategy 199

21 Conclusion 207

Notes 211

Index 236

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