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Privacy Scholarship

As there are tons of new scholarly works in the privacy law field each year, I thought it might be useful to point out a few books and articles that I found particularly interesting and useful from the past year. This post will cover only those books and articles published in 2006.

BOOKS

Identity Crisis

 

 

JIM HARPER, IDENTITY CRISIS: HOW IDENTIFICATION IS OVERUSED AND MISUNDERSTOOD (2006)

— an interesting examination of identification

War on Privacy

JACQUELINE KLOSEK, THE WAR ON PRIVACY (2006)

— provides a useful survey of post-9/11 legal developments in countries around the world

No Place to Hide

ROBERT O’HARROW, NO PLACE TO HIDE (2006)

— a very interesting account of how data mining companies work

Terror in the Balance

ERIC A. POSNER & ADRIAN VERMEULE, TERROR IN THE BALANCE: SECURITY, LIBERTY, AND THE COURTS (2006)

— I disagree with nearly everything Posner and Vermeule say, but this book is provocative and powerfully-argued

Not a Suicide Pact

RICHARD A. POSNER, NOT A SUICIDE PACT: THE CONSTITUTION IN A TIME OF NATIONAL EMERGENCY (2006)

— I don’t agree with most of Posner’s arguments, but the book is a quick and interesting read

Beyond Fear

BRUCE SCHNEIER, BEYOND FEAR: THINKING SENSIBLY ABOUT SECURITY IN AN UNCERTAIN WORLD (2006)

— a wise and insightful examination of security and privacy issues regarding terrorism

Reconstructing the Fourth Amendment

ANDREW E. TASLITZ, RECONSTRUCTING THE FOURTH AMENDMENT: A HISTORY OF SEARCH AND SEIZURE, 1789-1868 (2006)

— a terrific historical study of the Fourth Amendment

Proskauer on Privacy

CHRISTOPHER WOLF (editor), PROSKAUER ON PRIVACY: A GUIDE TO PRIVACY AND DATA SECURITY LAW IN THE INFORMATION AGE (2006)

— very useful treatise on privacy law


ARTICLES

Marc Jonathan Blitz, Constitutional Safeguards For Silent Experiments in Living Libraries, the Right to Read, and a First Amendment Theory for an Unaccompanied Right to Receive Information, 74 U. Mo. Kan. City L. Rev. 799 (2006)

— the article is quite long, but there are some good ideas in it

Laura K. Donohue, Anglo-American Privacy and Surveillance, 96 J. Crim. L. & Criminology 1059 (2006)

— another very long article, but is very useful for its extensive detail

Eric Goldman, A Coasean Analysis of Marketing, 2006 Wis. L. Rev. 1151 (2006)

— I disagree a lot with this article, which contains a partial defense of spam, but Goldman is always interesting and thoughtful

Stephen E. Henderson, Learning From All Fifty States: How to Apply the Fourth Amendment and Its State Analogs to Protect Third Party Information From Unreasonable Search, 55 Cath. U. L. Rev. 373 (2006)

— this article is a very helpful analysis of how each state has addressed the third party doctrine in its constitutional law

Elizabeth E. Joh, Reclaiming “Abandoned” DNA: The Fourth Amendment and Genetic Privacy, 100 Nw. U. L. Rev. 857 (2006)

— this article engages in a thoughtful analysis of a very interesting issue

Andrew J. McClurg, Kiss and Tell: Protecting Intimate Relationship Privacy Through Implied Contracts of Confidentiality, 74 U. Cin. L. Rev. 887 (2006)

— McClurg does a nice job analyzing the breach of confidentiality tort

Neil M. Richards, The Information Privacy Law Project, 94 Geo. L.J. 1087 (2006)

— Richards critiques my book, The Digital Person, and offers many interesting ideas in this essay

I cannot resist mentioning that I wrote two articles pertaining to privacy in 2006: Daniel J. Solove & Chris Jay Hoofnagle, A Model Regime of Privacy Protection, 2006 U. Ill. L. Rev. 357 (2006), and Daniel J. Solove, A Taxonomy of Privacy, 154 U. Pa. L. Rev. 477 (2006).

Originally Posted at Concurring Opinions

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This post was authored by Professor Daniel J. Solove, who through TeachPrivacy develops computer-based privacy training, data security training, HIPAA training, and many other forms of awareness training on privacy and security topics. Professor Solove also posts at his blog at LinkedIn. His blog has more than 1 million followers.

Professor Solove is the organizer, along with Paul Schwartz, of the Privacy + Security Forum and International Privacy + Security Forum, annual events designed for seasoned professionals.

If you are interested in privacy and data security issues, there are many great ways Professor Solove can help you stay informed:
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