Privacy: The Lost Right

Hardcover | October 14, 2008

byJon L. Mills

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The disturbing reality of contemporary life is that technology has laid bare the private facts of most people's lives. Email, cell phone calls, and individual purchasing habits are no longer secret. Individuals may be discussed on a blog, victimized by an inaccurate credit report, or havetheir email read by an employer or government agency without their knowledge. Government policy, mass media, and modern technology pose new challenges to privacy rights, while the law struggles to keep up with the rapid changes. Privacy: The Lost Right evaluates the status of citizens' right to privacy in today's intrusive world. Mills reviews the history of privacy protections, the general loss of privacy, and the inadequacy of current legal remedies, especially with respect to more recent privacy concerns, such asidentity theft, government surveillance, tabloid journalism, and video surveillance in public places. Mills concludes that existing regulations do not adequately protect individual privacy, and he presents options for improving privacy protections.

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The disturbing reality of contemporary life is that technology has laid bare the private facts of most people's lives. Email, cell phone calls, and individual purchasing habits are no longer secret. Individuals may be discussed on a blog, victimized by an inaccurate credit report, or havetheir email read by an employer or government ag...

Jon L. Mills is a well-respected OUP author.

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Format:HardcoverDimensions:408 pages, 6.1 × 9.29 × 1.18 inPublished:October 14, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195367359

ISBN - 13:9780195367355

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Table of Contents

PrefaceAcknowledgments1. IntroductionFamily Tree for Privacy in Contemporary U.S. Law2. A Perspective on the Reality of Privacy Issues Today3. Privacy and Its Contemporary Context: Why Privacy is Disappearinga) Defining PrivacyFour Spheres of Privacyb) Challenges to PrivacyNature of Disclosure of InformationPanopticon Effectc) Privacy: Global Differences and Consequences4. Legal Tools for Privacy Protectiona) The Role of the First Amendment: Bulwark or Bludgeon of Liberty?b) Constitutional Protectionsc) Federal Statutory and Regulatory Protections and State Protections for PrivacyConsumer v. Customer Noticed) Tort Protectionse) Other Legal Tools Used to Protect Privacy as Property5. Why Legal Tools are Failinga) Public Safety, Security, and Health Versus Privacyb) The First Amendment, Newsworthiness, and the Modern Pressc) The Politics of Privacy6. How Privacy Works in Real Cases: The Worst-Case Scenariosa) Rolling v. State: Tragedy and Intrusionb) The Perfect Storm: The Imperfect Remedyc) Williams v. City of Minneoloa: Police Party with Autopsy Photosd) The Amy Boyer Case: The Lethal Credit Reporte) New York Times Co v. NASA: Broadcasting Final Wordsf) Plaxico v. Michael: The Reasonable Peeping Fatherg) In re Guardianship of Schiavo: The Politics of Life Supporth) Board of Education v. Earls: On the Road to Random Drug Testing of All Public-School Studentsi) The "Washingtonienne": Kissing and Telling... Everyonej) Moore v. Regents of the University of California: Do We Own the "Building Blocks" of Our Lives?k) Perkins v. Principal Media Group: Broadcasting an Autopsy7. Strategies and Remedies to Protect Privacya) Implement Basic Policy Changesb) Expand Existing Remedies, Reduce Barriers, and Create a New Approachc) Use Personal and Technical Means to Protect Privacy8. ConclusionAbout the AuthorAppendixesAppendix I: Privacy in Federal StatutesAppendix II: Privacy Protections in State ConstitutionsAppendix III: Examples of Consumer Privacy PoliciesAppendix IV: "There Should Be a Law!": Questions and Answers from Real LifeIndex

Editorial Reviews

"Americans cherish their privacy and the legal tools that protect it. At no time in our history have the challenges to personal privacy been so great. Jon Mills is uniquely qualified through legal, political, and academic experience to address these challenges." -Janet Reno, Former U.S. Attorney General (1993-2001) "Privacy: The Lost Right provides a clear, concise, and accessible synthesis of the field of information privacy." -Daniel J. Solove, author of Understanding Privacy Professor of Law, The George Washington University Law School "Jon Mills has been one of the modern pioneers in both litigation and policymaking on the privacy issue and, as a result, has unique insights on the topic. This book is, and is likely to continue to be, one of a kind in the burgeoning field of privacy law and its reform." -Christopher Slobogin, Milton Underwood Professor of Law Vanderbilt University Law School "Jon Mills, a scholar and effective lawyer, has put privacy principles into action protecting real people. His book reflects these real life experiences." - E. Thom Rumberger, Counsel for Teresa and Dale Earnhardt Rumberger, Kirk & Caldwell, P.A. "As a scholar and a litigator, Jon Mills has helped to shape the right to privacy in American life, and in this lucid book, he helps to illuminate it. This is a balanced, comprehensive, and engaging primer on the right to privacy that should appeal to privacy aficionados as well as general readers." -Jeffrey Rosen, author of The Unwanted Gaze and The Naked Crowd The George Washington University Law School