Privacy: The Lost Right

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...

See more details below
Hardcover
$66.02
BN.com price
(Save 10%)$74.00 List Price
Other sellers (Hardcover)
  • All (1) from $71.96   
  • New (1) from $71.96   
Sending request ...

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.

Read More Show Less

Editorial Reviews

From the Publisher
"Americans cherish their privacy and the legal tools that protect it. At no time in our history have the challenges to personal privacy been so great. Jon Mills is uniquely qualified through legal, political, and academic experience to address these challenges."
-Janet Reno, Former U.S. Attorney General (1993-2001)

"Privacy: The Lost Right provides a clear, concise, and accessible synthesis of the field of information privacy."
-Daniel J. Solove, author of Understanding Privacy
Professor of Law, The George Washington University Law School

"Jon Mills has been one of the modern pioneers in both litigation and policymaking on the privacy issue and, as a result, has unique insights on the topic. This book is, and is likely to continue to be, one of a kind in the burgeoning field of privacy law and its reform."
-Christopher Slobogin, Milton Underwood Professor of Law Vanderbilt University Law School

"Jon Mills, a scholar and effective lawyer, has put privacy principles into action protecting real people. His book reflects these real life experiences."
- E. Thom Rumberger, Counsel for Teresa and Dale Earnhardt
Rumberger, Kirk & Caldwell, P.A.

"As a scholar and a litigator, Jon Mills has helped to shape the right to privacy in American life, and in this lucid book, he helps to illuminate it. This is a balanced, comprehensive, and engaging primer on the right to privacy that should appeal to privacy aficionados as well as general readers."
-Jeffrey Rosen, author of The Unwanted Gaze and The Naked Crowd
The George Washington University Law School

"...an essential contribution to literature in this field."
-S.B. Lichtman, Assistant Professor of Political Science, Shippensburg University

"The expertise of the author shines through in this book, inspiring the reader's confidence that Mills knows both the legal and practical aspects of privacy. He deals deftly with the details and nuances of the subject, causing one to suggest that this book is just right for the person looking for a solid introduction to the subject of information privacy."
-Gloria C. Cox, Department of Political Science, University of North Texas

Read More Show Less

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)

Meet the Author

Jon L Mills, University of Florida

Read More Show Less

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

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)