Privacy: The Lost Right

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Overview

The disturbing reality of contemporary life is that technology has laid bare the private facts of most people's lives. Email, cell phone calls, and individual purchasing habits are no longer secret. Individuals may be discussed on a blog, victimized by an inaccurate credit report, or have their email read by an employer or government agency without their knowledge. Government policy, mass media, and modern technology pose new challenges to privacy rights, while the law struggles to keep up with the rapid changes.

Privacy: The Lost Right evaluates the status of citizens' right to privacy in today's intrusive world. Mills reviews the history of privacy ...

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Overview

The disturbing reality of contemporary life is that technology has laid bare the private facts of most people's lives. Email, cell phone calls, and individual purchasing habits are no longer secret. Individuals may be discussed on a blog, victimized by an inaccurate credit report, or have their email read by an employer or government agency without their knowledge. Government policy, mass media, and modern technology pose new challenges to privacy rights, while the law struggles to keep up with the rapid changes.

Privacy: The Lost Right evaluates the status of citizens' right to privacy in today's intrusive world. Mills reviews the history of privacy protections, the general loss of privacy, and the inadequacy of current legal remedies, especially with respect to more recent privacy concerns, such as identity theft, government surveillance, tabloid journalism, and video surveillance in public places. Mills concludes that existing regulations do not adequately protect individual privacy, and he presents options for improving privacy protections.

Product Details

  • ISBN-13: 9780195367355
  • Publisher: Oxford University Press
  • Publication date: 9/30/2008
  • Pages: 408
  • Product dimensions: 6.40 (w) x 9.30 (h) x 1.10 (d)

Table of Contents

I Introduction 1

Family Tree for Privacy in Contemporary U.S. Law 6

II A Perspective on the Reality of Privacy Issues Today 9

III Privacy and Its Contemporary Context: Why Privacy is Disappearing 13

A Defining Privacy 13

Four Spheres of Privacy 14

B Challenges to Privacy 27

Nature of Disclosure of Information 46

Panopticon Effect 71

C Privacy: Global Differences and Consequences 77

IV Legal Tools for Privacy Protection 105

A The Role of the First Amendment: Bulwark or Bludgeon of Liberty? 108

B Constitutional Protections 119

C Federal Statutory and Regulatory Protections and State Protections for Privacy 130

Consumer v. Customer Notice 141

D Tort Protections 170

E Other Legal Tools Used to Protect Privacy 194

F The Property-Theory Alternative: Protecting Privacy as Property 204

V Why Legal Tools Are Failing 223

A Public Safety, Security, and Health Versus Privacy 223

B The First Amendment, Newsworthiness, and the Modern Press 228

C The Politics of Privacy 240

VI How Privacy Works in Real Cases: The Worst-Case Scenarios 247

A Rolling v. State: Tragedy and Intrusion 247

B The Perfect Storm: The Imperfect Remedy 251

C Williams v. City of Minneola: Police Party with Autopsy Photos 252

D The Amy Boyer Case: The Lethal Credit Report 254

E New York Times Co v. NASA: Broadcasting Final Words 255

F Plaxico v. Michael: The Reasonable Peeping Father 256

G In re Guardianship of Schiavo: The Politics of Life Support 257

H Board of Education v. Earls: On the Road to Random Drug Testing of All Public-School Students 259

I The "Washingtonienne": Kissing and Telling ... Everyone 261

JMoore y. Regents of the University of California: Do We Own the "Building Blocks" of Our Lives? 264

K Perkins v. Principal Media Group: Broadcasting an Autopsy 265

VII Strategies and Remedies to Protect Privacy 269

A Implement Basic Policy Changes 273

B Expand Existing Remedies, Reduce Barriers, and Create a New Approach 280

C Use Personal and Technical Means to Protect Privacy 301

VIII Conclusion 305

About the Author 307

Appendixes

App. I Privacy in Federal Statutes 311

App. II Privacy Protections in State Constitutions 339

App. III Examples of Consumer Privacy Policies 343

App. IV "There Should Be a Law!": Questions and Answers from Real Life 357

Index 363

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