The Dangers of Surveillance, Neil M. Richards, Washington University in Saint Louis – School of Law. March 25, 2013, Harvard Law Review, 2013 [Via SSRN]
“From the Fourth Amendment to George Orwells Nineteen Eighty-Four, our culture is full of warnings about state scrutiny of our lives. These warnings are commonplace, but they are rarely very specific. Other than the vague threat of an Orwellian dystopia, as a society we dont really know why surveillance is bad, and why we should be wary of it. To the extent the answer has something to do with privacy, we lack an understanding of what privacy means in this context, and why it matters. Developments in government and corporate practices have made this problem more urgent. Although we have laws that protect us against government surveillance, secret government programs cannot be challenged until they are discovered. And even when they are, courts frequently dismiss challenges to such programs for lack of standing, under the theory that mere surveillance creates no tangible harms, as the Supreme Court did recently in the case of Clapper v. Amnesty International. We need a better account of the dangers of surveillance.”
Sabrina is also the solo Editor, Publisher and Founder of LLRX.com® – Legal, technology and knowledge discovery resources on the “moving edge” for Librarians, Lawyers, Researchers, Academic and Public Interest Communities – launched in 1996.