The Digital Person: Technology and Privacy in the Information Age / Edition 1

The Digital Person: Technology and Privacy in the Information Age / Edition 1

by Daniel J Solove
     
 

ISBN-10: 0814798462

ISBN-13: 9780814798461

Pub. Date: 12/01/2004

Publisher: New York University Press

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

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.

Digital dossiers impact many aspects of our lives. For example, they increase our vulnerability to identity theft, a serious crime that has been escalating at an alarming rate. Moreover, since September 11th, the government has been tapping into vast stores of information collected by businesses and using it to profile people for criminal or terrorist activity. 

THE DIGITAL PERSON not only explores these problems, but provides a compelling account of how we can respond to them.  Using a wide variety of sources, including history, philosophy, and literature, Solove 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.

Daniel J. Solove is associate professor of law at the George Washington University Law School.  He is the author (with Marc Rotenberg) of INFORMATION PRIVACY LAW. 

Product Details

ISBN-13:
9780814798461
Publisher:
New York University Press
Publication date:
12/01/2004
Series:
Ex Machina: Law, Technology, and Society Series
Pages:
283
Product dimensions:
6.00(w) x 9.00(h) x 9.00(d)

Table of Contents

Acknowledgmentsix
1Introduction1
The Problems of Digital Dossiers2
Traditional Conceptions of Privacy7
Rethinking Privacy8
A Road Map for This Book9
iComputer databases
2The Rise of the Digital Dossier13
A History of Public-Sector Databases13
A History of Private-Sector Databases16
Cyberspace and Personal Information22
3Kafka and Orwell: Reconceptualizing Information Privacy27
The Importance of Metaphor27
George Orwell's Big Brother29
Franz Kafka's Trial36
Beyond the Secrecy Paradigm42
The Aggregation Effect44
Forms of Dehumanization: Databases and the Kafka Metaphor47
4The Problems of Information Privacy Law56
The Privacy Torts57
Constitutional Law62
Statutory Law67
The FTC and Unfair and Deceptive Practices72
A World of Radical Transparency: Freedom of Information Law73
The Law of Information Privacy and Its Shortcomings74
5The Limits of Market-Based Solutions76
Market-Based Solutions76
Misgivings of the Market81
The Value of Personal Information87
Too Much Paternalism?90
6Architecture and the Protection of Privacy93
Two Models for the Protection of Privacy93
Toward an Architecture for Privacy and the Private Sector101
Reconceptualizing Identity Theft109
Forging a New Architecture119
iiPublic records
7The Problem of Public Records127
Records from Birth to Death127
The Impact of Technology131
The Regulation of Public Records132
8Access and Aggregation: Rethinking Privacy and Transparency140
The Tension between Transparency and Privacy140
Conceptualizing Privacy and Public Records143
Transparency and Privacy: Reconciling the Tension150
Public Records and the First Amendment155
iiiGovernment access
9Government Information Gathering165
Third Party Records and the Government165
Government-Private-Sector Information Flows168
The Orwellian Dangers175
The Kafkaesque Dangers177
Protecting Privacy with Architecture186
10The Fourth Amendment, Records, and Privacy188
The Architecture of the Fourth Amendment188
The Shifting Paradigms of Fourth Amendment Privacy195
The New Olmstead200
The Emerging Statutory Regime and Its Limits202
11Reconstructing the Architecture210
Scope: System of Records211
Structure: Mechanisms of Oversight217
Regulating Post-Collection Use of Data221
Developing an Architecture222
12Conclusion223
Notes229
Index267
About the Author283

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