The passing of Justice Antonin Scalia has brought a wave of speculation about current and future U.S. Supreme Court cases. One area where there might be a significant impact will be the 4th Amendment, which provides the primary constitutional protection against government surveillance and information gathering. A new justice could usher in a dramatic expansion in 4th Amendment protections against government surveillance.
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I’ve long been saying that privacy need not be sacrificed for security, and it makes me delighted to see that public attitudes are aligning with this view. A Pew survey revealed that a “majority of Americans (54%) disapprove of the U.S. government’s collection of telephone and internet data as part of anti-terrorism efforts.” The anti-NSA surveillance sentiment is even stronger in other countries, as is shown in this chart below.
According to the survey, “74% said they should not give up privacy and freedom for the sake of safety, while just 22% said the opposite.”
As I wrote in my book, Nothing to Hide: The False Tradeoff Between Privacy and Security (Yale U. Press 2011):
The debate between privacy and security has been framed incorrectly, with the tradeoff between these values understood as an all-or-nothing proposition. But protecting privacy need not be fatal to security measures; it merely demands oversight and regulation.
I am pleased to announce that Alan Westin’s classic work, Privacy and Freedom, is now back in print. Originally published in 1967, Privacy and Freedom had an enormous influence in shaping the discourse on privacy in the 1970s and beyond, when the Fair Information Practice Principles (FIPPs) were developed.
The book contains a short introduction by me. I am truly honored to be introducing such a great and important work. When I began researching and writing about privacy in the late 1990s, I kept coming across citations to Westin’s book, and I was surprised that it was no longer in print. I tracked down a used copy, which wasn’t as easy to do as today. What impressed me most about the book was that it explored the meaning and value of privacy in a rich and interdisciplinary way.
A very brief excerpt from my intro:
At the core of the book is one of the most enduring discussions of the definition and value of privacy. Privacy is a very complex concept, and scholars and others have struggled for centuries to define it and articulate its value. Privacy and Freedom contains one of the most sophisticated, interdisciplinary, and insightful discussions of privacy ever written. Westin weaves together philosophy, sociology, psychology, and other disciplines to explain what privacy is and why we should protect it.
I was fortunate to get to know Alan Westin, as I began my teaching career at Seton Hall Law School in Newark, New Jersey, and Alan lived and worked nearby. I had several lunches with him, and we continued our friendship when I left to teach at George Washington University Law School. Alan was kind, generous, and very thoughtful. He was passionate about ideas. I miss him greatly.
So it is a true joy to see his book live on in print once again.
Here’s the blurb from the publisher:
By Daniel J. Solove
In a profound ruling with enormous implications,the European Court of Justice (ECJ) has declared the Safe Harbor Arrangement to be invalid.
The Safe Harbor Arrangement
The Safe Harbor Arrangement has been in place since 2000, and it is a central means by which data about EU citizens can be transferred to companies in the US. Under the EU Data Protection Directive, data can only be transferred to countries with an “adequate level of protection” of personal data. The EU has not deemed the US to provide an adequate level of protection, so Safe Harbor was created as a work around.
by Daniel J. Solove
One of the most well-known classic privacy books is George Orwell’s 1984, and it has been published in countless editions around the world. I enjoy collecting things, and I’ve gathered up more than 50 book covers of various editions of the novel. I find it interesting how various artists and designers try to capture the novel’s themes. I thought I’d share the covers with you.
Orwell’s 1984 chronicles a harrowing totalitarian society, one that engages in massive surveillance of its citizenry. Everywhere are posters that say “
NSA Big Brother Is Watching You.” From the novel:
By Daniel J. Solove
The U.S. Court of Appeals for the 2nd Circuit just issued a 97-page ruling limiting the NSA’s power to sweep up data about people’s phone calls. The case is ACLU v. Clapper, and the court held that the USA Patriot Act Section 215 doesn’t authorize the kind of sweeping collection of phone call metadata that the NSA has been engaging in. The court’s holding is limited to statutory interpretation — the scope of data collection authorized by Section 215. The court doesn’t base its holding on the Fourth Amendment, though it does note the uncertain status of current Fourth Amendment law.
The bottom line is that the NSA has been gathering a lot more data than it has been authorized to gather.
A while back, it was reported that the Bush Administration authorized the NSA to engage in warrantless wiretapping. Based on the information released so far, the program was likely illegal. Now, it appears that the warrantless wiretapping program (more innocuously renamed the “Terrorist Surveillance Program,” or “TSP”) is just the tip of a larger iceberg.
ABC News reports about a new scandal arising out of the NSA Surveillance Program:
Despite pledges by President George W. Bush and American intelligence officials to the contrary, hundreds of US citizens overseas have been eavesdropped on as they called friends and family back home, according to two former military intercept operators who worked at the giant National Security Agency (NSA) center in Fort Gordon, Georgia.
Remember when, about five years ago, a program called Total Information Awareness (TIA) came to light. TIA was a plan to create a massive government database of personal information which would then be data mined. The program led to a public outcry, with William Safire writing a blistering op-ed in the New York Times attacking TIA. In 2003, Congress voted to deny it funding.