Wednesday, July 3, 2013
Danielle Keats Citron and David C. Gray (University of Maryland Francis King Carey School of Law and University of Maryland-Francis King Carey School of Law) have posted Addressing the Harm of Total Surveillance: A Reply to Professor Neil Richards (Harvard Law Review Forum, Vol. 126, p. 262, 2013) on SSRN. Here is the abstract:
In his insightful article, "The Dangers of Surveillance," 126 Harvard Law Review 1934 (2013), Neil Richards offers a framework for evaluating the implications of government surveillance programs that is centered on protecting "intellectual privacy." Although we share his interest in recognizing and protecting privacy as a condition of personal and intellectual development, we worry in this essay that, as an organizing principle for policy, "intellectual privacy" is too narrow and politically fraught. Drawing on other work; we, therefore, recommend that judges, legislators, and executives focus, instead, on limiting the potential of surveillance technologies to effect programs of broad and indiscriminate surveillance.