Taking Trust Seriously in Privacy Law
Washington University in Saint Louis - School of Law
Woodrow Hartzog Read more about Taking Trust Seriously in Privacy Law
Washington University in Saint Louis - School of Law
Woodrow Hartzog Read more about Taking Trust Seriously in Privacy Law
Abstract:
Most people believe that privacy and free speech are always at odds. People all over the world have struggled with how to reconcile the problems of media gossip with our commitment to free and open public debate for over a century. The rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, where offensive and hurtful speech about others is rife. Read more about Intellectual Privacy: Rethinking Civil Liberties in the Digital Age
During the course of a long-distance relationship, Holly Jacobs shared sexually explicit photos and videos with her ex-boyfriend. She trusted him to keep them private. After they broke up, Jacobs received an anonymous email with a link and a warning that “Someone is trying to make life very difficult for you.” When she clicked on the link, she discovered the nude images that she’d shared with her ex on a site hosting revenge porn—compromising photos, often put up by exes after a breakup, without the subject’s consent. Read more about How to Make Revenge Porn a Crime
Excited teenagers – in other words normal teenagers – have never been famous for consistently wise decisions, nor should they be. Trial and error is a critical part of growing up.
But the emergence and widespread uptake of social media has further complicated the ability of teenagers to put past issues behind them. What used to remain only in fading memories increasingly lingers in code on computer servers in the cloud. Read more about A Stronger ‘Online Eraser' Law Would be a Mistake
Privacy and Big Data by Jules Polonetsky & Omer Tene Read more about Privacy and Big Data: Making Ends Meet
Big Data in Small Hands by Woodrow Hartzog & Evan Selinger
“Big data” can be defined as a problem-solving philosophy that leverages massive datasets and algorithmic analysis to extract “hidden information and surprising correlations.” Not only does big data pose a threat to traditional notions of privacy, but it also compromises socially shared information. This point remains underappreciated because our so-called public disclosures are not nearly as public as courts and policymakers have argued—at least, not yet. That is subject to change once big data becomes user friendly. Read more about Big Data in Small Hands
Privacy Substitutes by Jonathan Mayer & Arvind Narayanan Read more about Privacy Substitutes
Supreme Court Justice Samuel Alito wanted to dramatize how hard GPS surveillance would be for our nation’s founders to envision. It would take a “very tiny constable,” he noted in concurrence with the majority in United States v. Jones, “with incredible fortitude and patience” to stow away on a stage coach and monitor its owner’s movements. Read more about Tiny Salespeople: Mediated Transactions and the Internet of Things
"Jane" allowed her ex-boyfriend to take her naked photograph because, he assured her, it would be for his eyes only. After their breakup, the man betrayed her trust.
On the revenge porn site UGotPosted, he uploaded her naked photo and contact information. Jane received calls, e-mails, and Facebook friend requests from hundreds of strangers, many of whom wanted sex.
Read the entire op-ed on CNN. Read more about 'Revenge porn' should be a crime