Privacy law Books

Book SynopsisSome would argue that scarcely a day passes without a new assault on our privacy. In the wake of the whistle-blower Edward Snowden''s revelations about the extent of surveillance conducted by the security services in the United States, Britain, and elsewhere, concerns about individual privacy have significantly increased. The Internet generates risks, unimagined even twenty years ago, to the security and integrity of information in all its forms. The manner in which information is collected, stored, exchanged, and used has changed forever; and with it, the character of the threats to individual privacy. The scale of accessible private data generated by the phenomenal growth of blogs, social media, and other contrivances of our information age pose disturbing threats to our privacy. And the hunger for gossip continues to fuel sensationalist media that frequently degrade the notion of a private domain to which we reasonably lay claim.In the new edition of this Very Short Introduction, Raymond Wacks looks at all aspects of privacy to include numerous recent changes, and considers how this fundamental value might be reconciled with competing interests such as security and freedom of expression.ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.Trade ReviewAlthough physically small, this is a dense book stuffed with facts and arguments. It is to be read slowly and with consideration. And perhaps a degree of worry that Privacy is still so badly defined and addressed by legislation. * Concatenation, Peter Tyres *[T]here is, to our knowledge, no more erudite and persuasive an advocate for protecting privacy than Raymond Wacks. If you ever find yourself in a debate on privacy versus free speech, this is the succinct yet thoroughly researched source of some very effective arguments in favour of privacy. * Philip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers *Table of ContentsPreface ; 1. Privacy in peril ; 2. An enduring value ; 3. A legal right ; 4. Privacy and freedom of expression ; 5. Data protection ; 6. The death of privacy? ; References ; Further reading ; Index

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Book SynopsisRecent revelations, by Edward Snowden and others, of the vast network of government spying enabled by modern technology have raised major concerns both in the European Union and the United States on how to protect privacy in the face of increasing governmental surveillance. This book brings together some of the leading experts in the fields of constitutional law, criminal law and human rights from the US and the EU to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights. It examines the state of privacy protections on both sides of the Atlantic, the best mechanisms for preserving privacy, and whether the EU and the US should develop joint transnational mechanisms to protect privacy on a reciprocal basis. As technology enables governments to know more and more about their citizens, and about the citizens of other nations, this volume offers critical perspectives on how best to respond to one of the most challenging developments of the twenty-first century.Trade Review...there is plenty here to both introduce scholars to current critical debates and problems, and at the same time to suggest important points of departure for further research. -- Bernard Keenan, Department of Law, London School of Economics and Political Science * International Journal of Law and Information Technology *In this book, issues of privacy and surveillance are explored from a domestic, comparative and transatlantic perspective as well as from the perspective of private corporations, non-governmental organizations and oversight authorities. Thus, it gives a comprehensive overview about current transatlantic challenges and the perspectives involved. -- S-I Ghotra * European Review of Public Law *

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Book SynopsisTop analyst Leslie Gruis’s timely new book argues that privacy is an individual right and democratic value worth preserving, even in a cyberized world. Since the time of the printing press, technology has played a key role in the evolution of individual rights and helped privacy emerge as a formal legal concept.All governments exercise extraordinary powers during national security crises. In the United States, many imminent threats during the twentieth century induced heightened government intrusion into the privacy of Americans. The Privacy Act of 1974 and the Foreign Intelligence Surveillance Act (FISA, 1978) reversed that trend. Other laws protect the private information of individuals held in specific sectors of the commercial world. Risk management practices were extended to computer networks, and standards for information system security began to emerge. The National Institute of Standards and Technology (NIST) incorporated many such standards into its Cybersecurity Framework, and is currently developing a Privacy Framework. These standards all contribute to a patchwork of privacy protection which, so far, falls far short of what the U.S. constitutional promise offers and what our public badly needs. Greater privacy protections for U.S. citizens will come as long as Americans remember how democracy and privacy sustain one another, and demonstrate their commitment to them.

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Book SynopsisThis book examines how face recognition technology is affecting privacy and confidentiality in an era of enhanced surveillance. Further, it offers a new approach to the complex issues of privacy and confidentiality, by drawing on Joseph K in Kafka’s disturbing novel The Trial, and on Isaiah Berlin’s notion of liberty and freedom. Taking into consideration rights and wrongs, protection from harm associated with compulsory visibility, and the need for effective data protection law, the author promotes ethical practices by reinterpreting privacy as a property right. To protect this right, the author advocates the licensing of personal identifiable images where appropriate.The book reviews American, UK and European case law concerning privacy and confidentiality, the effect each case has had on the developing jurisprudence, and the ethical issues involved. As such, it offers a valuable resource for students of ethico-legal fields, professionals specialising in image rights law, policy-makers, and liberty advocates and activists.Table of Contents

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Book SynopsisTrade ReviewMasterful (and timely)…Privacy is clearly a protean concept, and Igo deftly reviews the definitions that scholars have offered in their efforts to cage its elusive essence. She judges these attempts helpful but less than conclusive. Her own ambitious solution is to embrace privacy’s multifariousness. In her marathon trek from Victorian propriety to social media exhibitionism, she recounts dozens of forgotten public debates…Utterly original. -- David Greenberg * Washington Post *A mighty effort to tell the story of modern America as a story of anxieties about privacy… Igo is an intelligent interpreter of the facts…She shows us that although we may feel that the threat to privacy today is unprecedented, every generation has felt that way since the introduction of the postcard. -- Louis Menand * New Yorker *[An] excellent new book on privacy in America…Igo follows the different ways in which Americans have been scrutinized—in the home, school, and workplace; by the state, the press, and marketing firms, corporations and psychologists, data aggregators and algorithms…Her book can…help us better understand our own debates over privacy today. -- Katrina Forrester * Harper’s *A masterful study of privacy in the United States. -- Sue Halpern * New York Review of Books *Engaging and wide-ranging…Igo’s analysis of state surveillance from the New Deal through Watergate is remarkably thorough and insightful. -- Katie Fitzpatrick * The Nation *A highly readable new history of privacy in America [that] offers insight into the ways attitudes have evolved as different forms of identification, and different expectations of privacy, have emerged. -- Katrina Gulliver * Reason *Luminous… For a century and a half, people in this country have been arguing at high volume about privacy… Today, we are watched as never before, through surreptitious governmental data collection and through corporate profiles of our desires and habits. Yet we also divulge private matters aggressively, seeking freedom through publicity. * Dissent *Monumental…In vigorous, smooth-flowing prose, case by case and landmark by landmark, Igo tells this story with an authority and insight no previous comprehensive account has achieved…The Known Citizen is the best history yet to appear of the long road leading to that unprecedented privacy crisis, and she concludes by observing that no matter how altered the modern landscape is, we cannot do without privacy. -- Steve Donoghue * Open Letters Review *While most studies of privacy dwell on laws, court decisions, and other regulations, the premise of Igo’s book is that we might gain a better vantage point if we think about privacy as part and parcel of a larger culture…Igo tracks shifts in popular expectations about privacy across disciplines, decades, and media forms. -- Palmer Rampell * Public Books *Igo brilliantly interrogates the long history of privacy’s much-heralded demise and its shape-shifting meaning in the modern United States…A tour de force of cultural history that maps out privacy’s sprawling legal, social, and moral terrain with tremendous insight and verve…This is a major achievement and an essential guide to the competing and often contradictory dynamics of exposure and recognition in our intensively mediated society. -- Josh Lauer * American Historical Review *Brilliant…Capture[s] the shifting cultural moods around privacy…to reveal their relevance in the American public sphere…A literary and historical gem that deserves a wide readership. -- David Lyon * American Journal of Sociology *Sweeping [and] meticulously researched… Igo gives us the definitive biography of an idea that all readers should both cherish and fear… The Known Citizen is essential reading. -- Hamilton Cain * Chapter 16 *From prison cells to memoirs, from suburban living to the big data revolution, this remarkable book chronicles how Americans have defined, debated, and litigated privacy for more than a hundred years. The Known Citizen shows that drawing the line between the private self and public citizen has been the essential modern social question. -- Robert O. Self, author of All in the Family: The Realignment of American Democracy since the 1960sA masterful history of the role that privacy has played in the lives of American citizens. Following the ‘known citizen’ over time, Igo brilliantly reveals what it means to be modern—to claim protection against the prying eyes of marketers or the national security state while making one’s self more visible by a social security number or disclosing intimate secrets on social media. An amazing book! -- Brian Balogh, author of The Associational State: American Governance in the Twentieth CenturyIn this deeply researched and wonderfully astute history of the rise of privacy as a problem in American society, Sarah Igo shows us how privacy in our liberal culture has always been about both protection of one’s self from public view and control of the narrative by which one wants to be known. -- Dorothy Ross, Johns Hopkins University

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Book SynopsisEvery day, corporations are connecting the dots about our personal behavior—silently scrutinizing clues left behind by our work habits and Internet use. But who connects the dots about what firms are doing with all this information? Frank Pasquale exposes how powerful interests abuse secrecy for profit and explains ways to rein them in.Trade ReviewRecognized internationally as a landmark work of law and political economy. -- Lawrence Joseph * Commonweal *If you are a person in America, then there are equations trying to learn more about you… Some of these equations work for private companies and some of them work for the government, but they all generate correlations based on your behavior… Frank Pasquale’s new book The Black Box Society is a tour of how computational intelligence has come to dominate three important parts of American life: reputation, search, and finance. -- Malcolm Harris * New Republic *Frank Pasquale’s notable new book, The Black Box Society, tries to come to grips with the dangers of ‘runaway data’ and ‘black box algorithms’ more comprehensively than any other book to date… It’s an important read for anyone who is interested in the hidden pitfalls of ‘big data’ and who wants to understand just how quantified our lives have become without our knowledge. -- David Auerbach * Slate *Everyone who uses the Internet for entertainment, education, news or commerce is implicated in a web of data collection whose breadth surpasses ordinary awareness… As [Pasquale’s] exposé…shows, this is a society in which basic functions are performed in deliberate obscurity through the collection and algorithmic manipulation of personal data… In The Black Box Society, Pasquale finds reason to believe that even some of the most secretive and unresponsive institutions can be held to account. Elucidating the problem is a first step. -- Steven Aftergood * Nature *The Black Box Society offers a good dose of fresh thinking and may advance our debates over privacy. It also helps greatly that it is a good read, not just for those who are curious about privacy but also for those who are already familiar with the privacy literature. -- Viktor Mayer-Schönberger * Science *Frank Pasquale’s new book on the secret algorithms that motor the monstrous heart of big data is a timely work of non-fiction, a ‘true conspiracy’ about regulatory weakness in the face of technological hubris and greed. -- Jonathon Sturgeon * Flavorwire *Pasquale has emerged as one of the go-to thinkers on Big Data and the algorithmic economy, and The Black Box Society (along with his Twitter feed) is a great—if discomfiting—place to start. You’ll come away overwhelmed by the speed and recklessness of data compilation and its uses and abuses. -- Jonathon Sturgeon * Flavorwire *Required reading in many law school and computer science courses… Details how secret databases and little-known applications of AI algorithms have had harmful effects on finance, business, education, and politics. These opaque practices violate personal privacy, lower credit ratings, and make unfair or biased decisions on parole, mortgage, and job applications. -- Ben Shneiderman * Issues in Science and Technology *By carefully breaking down ‘the business practices of leading Internet and finance companies, focusing on their use of proprietary reputation, search, and finance technologies,’ Pasquale pulls off an amazing feat of explanation, simultaneously and seamlessly explaining how and why black boxes exist, as well as what they can control and what happens when society entrusts black box technology with consequential decisions and hands immense power to the black box firms of Silicon Valley and Wall Street… The Black Box Society is a first-rate work of synthesis, combining ideas from law and economics, interpretive social science, science studies, and the philosophy of technology into an essential study of the political economy of information. -- Thomas Drueke * Law Library Journal *The Black Box Society is a frightening portrait of the ever more powerful shadowy world that blocks light from reaching our everyday lives. It is also a call to action, with a range of suggestions that inevitably pale in comparison to the gargantuan task at hand. But small steps sometimes have outsize consequences. Just ask the folks who control what we see, influence what we buy, and determine whether we can pay for it. -- Brenda Jubin * Reading the Markets *The algorithmic control that law scholar Frank Pasquale eloquently and intelligently details and analyzes goes beyond money information and into almost every aspect of our lives. For this reason, although it might appear merely to be a book about technology and finance, The Black Box Society, ultimately, is a radical and political work that deserves wide attention… The Black Box Society includes, for example, a fine explanation of the way that corporate and government surveillance work in concert and why we should be concerned about both… [Pasquale’s] brutal on the subject of the NSA, but devastating in his critique of Facebook, Twitter and Google and the myths that continue to surround them: myths of neutrality, myth about the ephemeral nature of their power and more. His analysis of search is pointed and poignant, underlining that we need to understand it better and treat search results more critically and sceptically… Pasquale’s detailed analyses, and his recipes not just for transparency but also for accountability, for more rigour in regulation and harder-hitting enforcement, deserve a careful read—and then action. -- Paul Bernal * Times Higher Education *This book by Pasquale is disturbing. The premise is that corporate and public unchecked use of computer algorithms to collect and analyze data harms the public… Pasquale calls out Google, Facebook, and the financial industry for unchecked use of data to make profits and broken promises of privacy protection. -- Harry Charles * Library Journal *An exhilarating read, brimming with passion. Pasquale’s bold and ambitious book lifts the lid on the ‘black box society’ by tackling a wide array of issues, from secrecy in finance to credit scoring, from search engines to automated decision-making, from institutional transparency to the relationship between government and big corporations. Writing with urgency and utter conviction, he paints a compelling—and devastating—picture of the world that we are building. -- Daniel J. Solove, author of Nothing to Hide: The False Tradeoff between Privacy and SecurityA timely and important book about the algorithmic processes that play such central roles in our emerging information society. Pasquale explores the abuses that have resulted from insufficient transparency and exposes the inability of either markets or regulators to instill appropriate levels of accountability. He is not a reflexive technology-basher, however, but instead offers judicious reform proposals. -- Julie E. Cohen, author of Configuring the Networked Self: Law, Code, and the Play of Everyday Practice

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This timely Advanced Introduction traces the evolution of consumer data privacy laws in the US through a historical lens, and then sets out the current state of play. Waldman describes how privacy laws benefit corporate interests, and highlights the deficiencies of the present approach to the surveillance economy. In looking to the future, the author advocates a radical new way of thinking about the goals and tools of privacy law and provides a roadmap for avoiding privacy nihilism by rejuvenating public governance and protecting privacy in the digital age.Key Features: Concise and accessible approach to a fast-changing area Novel conceptualisation of first, second, and third waves of privacy law In-depth critique of current and historic privacy law, challenging traditional literature Focuses on practical ways to address.– deficiencies of current laws The Advanced Introduction to U.S. Data Privacy Law will be an invaluable resource for students and scholars of privacy, as well as those in information, media and technology law. It will also be an essential guide for policy-makers and privacy lawyers seeking to understand the past, present, and future of data privacy.Trade Review‘Waldman has given us an indispensable critical reflection on US privacy law. This concise book is beautifully written, and its description and diagnosis are crystal clear. It provides a compelling alternative to our failed “notice and choice” and managerial approaches to privacy law. This is a vital intervention.’ -- Woodrow Hartzog, Boston University, US and author of Privacy’s Blueprint: The Battle to Control the Design of New Technologies‘Ari Waldman has written a superb and insightful critique of privacy law, chronicling where it has been, where it is now, and where it needs to go to achieve the kind of privacy all people need to flourish. And, importantly, this book is accessible. Policymakers need to read this. Students and professors will find it illuminating and clear. Anyone interested in privacy will learn from it.’ -- Danielle Keats Citron, University of Virginia School of Law, US, and author of The Fight for Privacy‘Professor Waldman provides a superb overview of the complex body of law regulating privacy. He offers a blistering critique of the law for often doing more harm than good. Accessible and succinct, Waldman’s account of privacy law is illuminating and thought-provoking.’ -- Daniel J. Solove, George Washington University Law School, US, and author of Understanding PrivacyTable of ContentsContents: Preface 1. Introduction to U.S. data privacy law PART I PRIVACY LAW’S FIRST WAVE. 2. The first wave of notice-and-consent 3. The illusions of the first wave PART II PRIVACY LAW’S SECOND WAVE 4. Rights and compliance 5. The weaknesses of individual privacy rights 6. Symbolic compliance and the managerialization of privacy law PART III PRIVACY LAW’S THIRD WAVE 7. Alternatives to the first and second waves 8. Conclusions on U.S. Data Privacy Law Bibliography Index

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Book SynopsisThis Research Handbook is an insightful overview of the key rules, concepts and tensions in privacy and data protection law. It highlights the increasing global significance of this area of law, illustrating the many complexities in the field through a blend of theoretical and empirical perspectives. Providing an excellent in-depth analysis of global privacy and data protection law, it explores multiple regional and national jurisdictions, bringing together interdisciplinary international contributions from Europe and beyond. Chapters cover critical topics in the field, including key features of the General Data Protection Regulation (GDPR), border surveillance, big data, artificial intelligence, and biometrics. It also investigates the relationship between privacy and data protection law and other fields of law, such as consumer law and competition law. With its detailed exploration and insights into privacy and data protection, this Research Handbook will prove a useful resource for information and media law students as well as academics researching fields such as data protection and privacy law and surveillance or security studies.Trade Review‘The editors, three leaders in the field, have structured this Research Handbook well, starting with a global survey of developments in key regions. The relationships between data protection and other disciplines (or other branches of law) continue this comprehensive approach. Finally, issues concerning key types of personal data, or situations of their use, are highlighted. Many chapter contributors are well known leaders in the field, and the others are emerging scholars expert in the cutting-edge issues that they cover.’ -- Graham Greenleaf, University of New South Wales, AustraliaTable of ContentsContents: Introduction to Research Handbook on Privacy and Data Protection Law 1 Gloria González Fuster, Rosamunde Van Brakel and Paul De Hert PART I GEOGRAPHICAL PERSPECTIVES 1 Privacy and data protection in Europe: Council of Europe’s Convention 108+ and the European Union’s GDPR 10 Cécile de Terwangne 2 Post-Brexit data protection in the UK – leaving the EU but not EU data protection law behind 35 Karen McCullagh 3 Understanding American privacy 59 Neil Richards, Andrew Serwin and Tyler Blake 4 The justiciability of data privacy issues in Europe and the US 72 Karlijn van den Heuvel and Joris van Hoboken 5 Canadian privacy law and the post war freedom of information paradigm 108 Jonathon W. Penney 6 Data protection laws in Japan 127 Hiroshi Miyashita 7 Data protection in Latin America 139 Mónica Arenas Ramiro PART II INTER-AND TRANS-DISCIPLINARY PERSPECTIVES ON PRIVACY AND DATA PROTECTION 8 Social values and privacy law and policy 160 Priscilla M. Regan 9 Media and communication studies, privacy and public values: Future challenges 175 Jo Pierson 10 From law to engineering: A computer science perspective on privacy and data protection 196 Ninja Marnau and Christoph Sorge 11 Privacy, data protection, and security studies 213 Matthias Leese 12 Data protection and consumer protection: The empowerment of the citizen-consumer 228 Damian Clifford 13 Data protection and competition law: The dawn of ‘uberprotection’ 248 Gabriela Zanfir-Fortuna and Sînziana Ianc PART III HOT TOPICS IN PRIVACY AND DATA PROTECTION 14 Privacy, data protection and the role of European Courts: Towards judicialisation and constitutionalisation of European privacy and data protection framework 273 Maja Brkan 15 Surveillance at the borders: Travellers and their data protection rights 302 Diana Dimitrova 16 Big data and data protection 335 Alessandro Mantelero 17 Data protection and children’s online privacy 354 Valerie Steeves and Milda Mačėnaitė 18 Biometric data processing: Is the legislator keeping up or just keeping up appearances? 371 E.J. Kindt 19 Co-regulation and competitive advantage in the GDPR: Data protection certification mechanisms, codes of conduct and data protection-by-design 398 Maximilian von Grafenstein 20 Automated decision-making and data protection in Europe 428 Gianclaudio Malgieri Index

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Book SynopsisProviding comparative analysis that examines both Western and non-Western legal systems, this wide-ranging Handbook expands and enriches the existing privacy and defamation law literature and addresses the fundamental issues facing today's scholars and practitioners. Comparative Privacy and Defamation provides insightful commentary on issues of theory and doctrine, including the challenges of General Data Protection Regulations (GDPR) and the impact of new technologies on the law. Chapters explore the origins and development of the right to privacy, privacy rights of photographic subjects and defamation by photo-manipulation, and the right to be forgotten. Containing contributions from expert international scholars, this comprehensive Handbook investigates the liability of internet intermediaries in cases of defamation and the emerging problem of global injunctions before concluding with eight country focussed studies. Engaging and accessible, this Handbook will be a key resource for students and scholars researching in the fields of privacy and defamation law, internet and technological law and information and media law. Contributors include: T.D.C. Bennett, S. Bretthauer, J. Campbell, P. Coe, M. Cornils, S.C. Ekaratne, A. Gajda, G. Gil, A. Koltay, R. Krotoszynski, J. Kulesza, D. Mangan, D. Milo, R. Moosavian, J. Oster, K.S. Park, M. Pearson, J. Reichel, D. Rolph, J. Shimizu, D.N. Staiger, R.L. Weaver, R.H. Weber, P. Wragg, M.N. Yan, V. Zeno-ZencovichTrade Review'Comparative Privacy and Defamation couldn't be more timely and relevant to freedom of expression academics and practitioners in the global 21st century. More wide-ranging and in-depth than other similar publications, the book is a remarkable contribution to international, foreign, and comparative law. Its topical comprehensiveness and authorial diversity and prestige will make the volume a must read for those interested in the subject.' --Kyu Ho Youm, University of Oregon, US'Wragg and Koltay's thought-provoking book makes an important contribution to the literature. They have brought together an impressive group of experts from the world scene. Whereas most books speak narrowly to the Western picture of defamation and privacy law, theirs is a refreshing take by bringing in wider, global perspectives. In doing so, they are strikingly effective in raising new ideas and asking new questions at a time when the political climate is calling out for both.' --Alastair Mullis, University of Leeds, UKTable of ContentsContents: Introduction Paul Wragg and András Koltay Theoretical considerations 1. The origins and development of the right to privacy John Campbell 2. Privacy and incrementalism Thomas D.C. Bennett 3. Theories of reputation Jan Oster 4. Separated by a common language: The anti-paternalism principle in US and English defamation and privacy law Paul Wragg Privacy laws compared 5. Weighing content: Can expression be more or less important? Categorical or case by case balancing and its (respective) disposition to rank relevance of communication Matthias Cornils 6. What is it the public has a right to know? The right to privacy for public officials and the right access to official documents – European and Swedish perspectives Jane Reichel 7. Do we need to separate privacy and reputation? USA, Europe and Korea compared Kyung Sin Park 8. Public Image (Un)Limited: Privacy rights of the photographic subject in England and New York compared Rebecca Moosavian 9. What newsworthiness means Amy Gajda 10. Defamation by photo-manipulation under New Zealand law S. Che Ekaratne Data protection 11. A European and German perspective on data protection law in a digitised world Sebastian Bretthauer 12. Right to be forgotten in the global information economy Joanna Kulesza 13. Enforcing privacy through individual data access rights – a comparative study Rolf H. Weber and Dominic N. Staiger Defamation laws compared 14. Defamation: A half-century of changes (more or less) Russell L. Weaver 15. A comparative analysis of the treatment of corporate reputation in Australia and the UK Peter Coe Defamation, PRIVACY and New technologies 16. Liability of Internet intermediaries for defamation: Beyond publication and innocent dissemination David Rolph 17. Defamation on the Internet: The role and responsibilities of gatekeepers András Koltay 18. Privacy, remedies and comity: The emerging problem of global injunctions and some preliminary thoughts on how best to address it Ron Krotoszynski Country chapters 19. Free speech and the rights relating to the personality involving politicians in French law Guilhem Gil 20. Italian defamation and privacy law from a comparative perspective Vincenzo Zeno-Zencovich 21. Canadian defamation and privacy law in comparative context David Mangan 22. Privacy and defamation in Australia: A post-colonial tango, or the operation of privacy and defamation in Australia without formal constitutional free expression protections Mark Pearson and Virginia Leighton-Jackson 23. South Africa’s reasonable publication defence and the United Kingdom’s public interest defence: Two sides of the same coin? Dario Milo 24. Defamation and privacy law in Japan – from a comparative perspective Jun Shimizu 25. The Chinese defamation law four decades on (1979–2019): Legal rules versus political uncertainties Mei Ning Yan Index

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Book SynopsisSet against the background of the COVID pandemic, creation of the National Digital Health Mission, and the ongoing debate on data protection, the collection of essays in Private and Controversial will explore the intersection between privacy and public health.

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Book SynopsisCamera Power is the first book to tackle the policy questions raised by two ongoing revolutions in recording the police: copwatching and police-worn body cameras. Drawing on original research from over 200 jurisdictions and more than 100 interviews - with police leaders and officers, copwatchers, community members, civil rights and civil liberties experts, industry leaders, and technologists - Mary D. Fan offers a vision of the great potential and perils of the growing deluge of audiovisual big data. In contrast to the customary portrayal of big data mining as a threat to civil liberties, Camera Power describes how audiovisual big data analytics can better protect civil rights and liberties and prevent violence in police encounters. With compelling stories and coverage of the most important debates over privacy, public disclosure, proof, and police regulation, this book should be read by anyone interested in how technology is reshaping the relationship with our police.Trade Review'Are police-worn body cameras a panacea for the problem of police violence and abuse? Or are they simply another intrusion into privacy that only rarely definitively tells us the full truth about police-citizen interactions? Relying on numerous interviews, close scrutiny of current policy and practice, and insightful analysis of the empirical evidence and scholarship, Fan provides by far the most careful and comprehensive description to date of the controversies surrounding police use of body cameras and the optimal means of using the data they produce.' Chris Slobogin, Milton Underwood Professor of Law, Vanderbilt University and author of Privacy at Risk'Body cameras on cops seemed like the obvious solution to social turmoil around policing. But as Mary D. Fan makes clear in this tour de force, police body cameras create huge problems of their own - the cost of storage, everyone's privacy at risk from constant surveillance. Comprehensively researched and engagingly written, this will become the go to book for anyone who cares about police, public surveillance, and privacy.' Barry Friedman, Jacob D. Fuchsberg Professor of Law, New York University, Director of the Policing Project, and author of Unwarranted: Policing without PermissionTable of ContentsIntroduction: dual revolutions in recording the police; Part I. Toutveillance Power and Police Control: 1. Policing in the camera cultural revolution; 2. Copwatching and the right to record; 3. Democratizing proof, taking the case to the people; Part II. Audiovisual Big Data's Great Potential and Perils: 4. Audiovisual big data analytics and harm prevention; 5. Partisan perceptions: how audiovisual evidence and big data can mislead; 6. Privacy and public disclosure; Part III. Frameworks for Moving Forward: 7. Controlled access, privacy protection planning, and data retention; 8. Non-recording and officer monitoring and discipline dilemmas; Conclusion. Beyond technological silver bullets.

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Book SynopsisThis book is a compilation of government reports from 2018 and 2019 on secrecy and information policies and procedures. The first 49-page report is from January 2019 and begins with an overview of the standards governing and exceptions applicable to grand jury secrecy. The report examines whether and how the rule of grand jury secrecy and its exceptions apply to Congress. The second report in this book focuses on disclosure requirements that provide transparency so that the electorate, the Senate and employing agencies are aware of potential conflicts of interest that presidential candidates, executive branch nominees and other high-ranking executive officials have. Should Congress consider legislation addressing financial conflicts of interests for executive branch officials, it may revisit disclosure requirements. The next 3-page report from 2018 revisits the issue of whether courts have inherent authority (and obligation) to release secret grand jury materials. Following this report is a discussion on the public release of newly appointed Judge Kavanaughs records and whether the scope and volume of the records released is similar to previous Supreme Court nominees. The fifth report provides information on locating military unit histories and individual service records of discharged, retired and deceased military personnel. It also provides information n locating and replacing military awards and medals. Included is contact information for military history centers, websites for additional sources of research and a bibliography of other publications, including related CRS reports. Next, is an exploration of whether executive privilege applies to the communications of a President-Elect. The final chapter in this book is a 76-page analysis of the Resolutions of Inquiry (a simple resolution making a direct request or demand of the President or the head of an executive department to furnish the House with specific factual information in the Administrations possession) and their use in the House from 1947 to 2017.

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Book SynopsisPrivacy and Copyright protection is a very important issue in our digital society, where a very large amount of multimedia data are generated and distributed daily using different kinds of consumer electronic devices and very popular communication channels, such as the Web and social networks. This book introduces state-of-the-art technology on data hiding and copyright protection of digital images, and offers a solid basis for future study and research. Steganographic technique overcomes the traditional cryptographic approach, providing new solutions for secure data transmission without raising users'' malicious intention. In steganography, some secret information can be inserted into the original data in imperceptible and efficient ways to avoid distortion of the image, and enhance the embedding capacity, respectively. Digital watermarking also adopts data hiding techniques for copyright protection and tampering verification of multimedia data. In watermarking, an illegitimate copy can be recognised by testing the presence of a valid watermark and a dispute on the ownership of the image resolved. Different kinds of steganographic and watermarking techniques, providing different features and diverse characteristics, have been presented in this book. This book provides a reference for theoretical problems as well as practical solutions and applications for steganography and watermarking techniques. In particular, both the academic community (graduate student, post-doc and faculty) in Electrical Engineering, Computer Science, and Applied Mathematics; and the industrial community (engineers, engineering managers, programmers, research lab staff and managers, security managers) will find this book interesting.

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Book SynopsisThis new addition to Hart’s acclaimed Landmark Cases series is a diverse and engaging edited collection bringing together eminent commentators from the United Kingdom, the United States, Australia, Canada, and New Zealand, to analyse cases of enduring significance to privacy law. The book tackles the conceptual nature of privacy in its various guises, from data protection, to misuse of private information, and intrusion into seclusion. It explores the practical issues arising from questions about the threshold of actionability, the function of remedies, and the nature of damages. The cases selected are predominantly English but include cases from the United States (because of the formative influence of United States’ privacy jurisprudence on the development of privacy law), Australia, Canada, the Court of Justice of the European Union, and the European Court of Human Rights. Each chapter considers the reception and application (and, in some instances, rejection) outside of the jurisdiction where the case was decided.Trade ReviewHighly readable, with the editors and authors the Who’s Who of privacy law, and each chapter providing interesting factual or contextual background to what might otherwise be rather dry or complex legal arguments in the judgments … if you are interested in privacy and in the media, you will enjoy this book and come away enlightened and more knowledgeable, and on the look-out for further landmarks. -- Barbara McDonald, University of Sydney Law School * Gazette of Law and Journalism *Table of Contents1. Pollard v Photographic Company (1888) Megan Richardson (University of Melbourne, Australia) 2. Roberson v Rochester Folding Box (1900) Amy Gajda (Tulane University, USA) 3. Pavesich v New England Insurance Co (1905) Rebecca Moosavian (University of Leeds, UK) 4. Whalen v Roe (1977) Ronald J Krotoszynski, Jr. (University of Alabama, USA) 5. Kaye v Robertson (1990) Jacob Rowbottom (University of Oxford, UK) 6. Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) David Rolph (University of Sydney, Ausatralia) 7. A v B & C (2002) N A Moreham (Victoria University of Wellington, New Zealand) 8. Campbell v Mirror Group Newspapers (2004) Gavin Phillipson University of Bristol, UK) 9. Von Hannover v Germany (2004) Kirsty Hughes (University of Cambridge, UK) 10. Douglas v Hello! Ltd (2005) Tanya Aplin (King’s College London, UK) and Judith Skillen (University of Nottingham, UK) 11. Jones v Tsige (2012) David Mangan (Maynooth University, Ireland) 12. Google Spain, Google Inc. v Agencia Española de Protección de Datos (2014) David Erdos (University of Cambridge, UK) 13. Gulati v Mirror Group Newspapers (2015) John Hartshorne (University of Leicester, UK) 14. PJS v News Group Newspapers Ltd (2016) Thomas DC Bennett (City, University of London, UK)

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Book SynopsisDie Datenschutz-Grundverordnung â das Ende des KUG?

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Book SynopsisTrade Review“Cappello’s puckish sensibilities and engaging style dovetail wittily with his well-chosen and thoughtful examples, resulting in an academic text that any reader can appreciate. This book is a must-read for legislators, policymakers, and anyone curious about the ways their privacy could potentially be compromised by the government, the media, or data brokers.” * Publishers Weekly *“A thorough account of privacy struggles that draws on deep research to reveal that the privacy dilemma dates back more than a century and has roiled American life through two world wars, the New Deal, the Cold War, and the post 9/11 era. . . . None of Your Damn Business provides excellent background information for citizens concerned with the erosion of privacy rights, as well as for government officials and legal professionals positioned to act upon privacy laws that protect citizens while providing necessary oversight.” * Foreword Reviews *"Cappello’s treatment manages the trick of being both thorough and lively." * American Historical Review * “‘What is it we fear we’re losing?’ Cappello asks in his brilliant study of privacy in America. Is there any timelier question? Thoroughly researched and deftly told, None of Your Damn Business is a history of privacy written for and about Wall Street and Main Street, government and the courts, intelligence operatives and digital entrepreneurs, current and future citizens. It deserves our full attention.” -- David Nasaw * author of The Patriarch: The Remarkable Life and Turbulent Times of Joseph P. Kennedy *“Tracing a century of debates on topics from national security to reproductive rights, None of Your Damn Business offers a lively, instructive account of Americans’ ambivalent (and often muddled) thinking about privacy.” -- Sarah Igo * author of The Known Citizen: A History of Privacy in Modern America *“Privacy, or the intimate politics of power, is becoming more important with each day. If there is no privacy, there can be no resistance and thus no social progress. In this fine book, Cappello makes a lucid case for why we need what Justice Louis Brandeis called ‘the right to be left alone.’” -- Christian Parenti * author of The Soft Cage: Surveillance in America from Slavery to the War on Terror *“Calmly, clearly, and sensibly, Mr. Cappello shows us how privacy as a right—and as a legal concept—gradually evolved as America itself evolved from small, largely rural beginnings into today’s incredibly intricate, sophisticated mega-state driven by an equally intricate, sophisticated mega-economy.” -- Aram Bakshian * The Washington Times *Table of ContentsAcknowledgments Introduction Part 1: What We Talk about When We Talk about Privacy Part 2: Shouting from the Housetops: The Right to Privacy and the Rise of Photojournalism, 1890–1928 Part 3: Exposing the Enemy Within: Privacy and National Security, 1917–1961 Part 4: Wiretaps, Bugs, and CCTV: Privacy and the Evolution of Physical Surveillance, 1928–1998 Part 5: Big Iron and the Small Government: Privacy and Data Collection, 1933–1988 Part 6: Sex, Morality, and Reproductive Choice: The Right to Privacy Recognized, 1961–1992 Part 7: Taking Stock Notes Index

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Book SynopsisTrade Review"Reading this book will benefit anyone interested in how their information is used in the contemporary digital world. . . . Readers will come away with a deeper appreciation for the complexity of this issue and gain practical tips they can employ online to safeguard their personal data. Highly recommended." * CHOICE *Table of ContentsContents Introduction: What Is Data Privacy and Why Is It Important? 1. Who Owns Our Data? 2. Our Data at Home 3. Our Data at Work 4. Our Data on Social Media 5. Our Children’s Data 6. Our Data at School 7. Our Data in the Digital Marketplace 8. Our Data across the Pond 9. Our Data and Our Health 10. Our Data and Our Money 11. Our Data and the Government 12. Our Data into the Future Acknowledgments Notes Further Reading Index

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Book SynopsisTrade Review"Reading this book will benefit anyone interested in how their information is used in the contemporary digital world. . . . Readers will come away with a deeper appreciation for the complexity of this issue and gain practical tips they can employ online to safeguard their personal data. Highly recommended." * CHOICE *Table of ContentsContents Introduction: What Is Data Privacy and Why Is It Important? 1. Who Owns Our Data? 2. Our Data at Home 3. Our Data at Work 4. Our Data on Social Media 5. Our Children’s Data 6. Our Data at School 7. Our Data in the Digital Marketplace 8. Our Data across the Pond 9. Our Data and Our Health 10. Our Data and Our Money 11. Our Data and the Government 12. Our Data into the Future Acknowledgments Notes Further Reading Index

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Book SynopsisFor decades, privacy took a back seat to the public’s right to know. But as the Internet and changing journalism have made it harder to distinguish news from titillation, U.S. courts are showing new resolve in protecting individuals from invasive media scrutiny. As Amy Gajda shows, this judicial backlash is now impinging on mainstream journalists.Trade ReviewThe difficult question—as always in First Amendment and most constitutional litigation—is where to draw the line. In grappling with that and offering provisional answers…Gajda do[es] a great service. -- Erwin Chemerinsky * Chronicle of Higher Education *Provocative and well-researched… Gajda’s book serves as a warning that courts may be losing patience with repeated appeals from media organizations—which may or may not properly be considered journalistic—claiming that their right to broadcast increasingly intrusive and personal material is of newsworthiness, and in the public interest. Her argument is that these profit-driven, sensationalistic efforts to push the limits of the First Amendment will wind up spoiling press freedoms for the professional mainstream press, by setting court precedents that chip away at First Amendment rights for everyone… It’s a timely intervention, and Gajda carries it off convincingly. -- Hans Rollman * PopMatters *An eye-opening, relevant and cautionary book. * Kirkus Reviews *Former journalist Gajda’s timely book addresses threats to freedom of the press in the age of blogging and digital news sources… [It] tackles a complex subject in a compelling way. -- Becky Kennedy * Library Journal *What can be done to save journalism from growing legal pushbacks and the rise of privacy that threatens First Amendment safeguards? Amy Gajda has written an incredibly timely and detailed book, packed with compelling examples. -- Clay Calvert, University of FloridaThe First Amendment Bubble raises very important questions about the future of journalism and concerns that judicial responses to irresponsible reporting could harm our democratic society. The author’s experience as a journalist shines through in this well-researched and engaging book. -- Angela Campbell, Georgetown University Law Center

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Book SynopsisDescribes a day in the life of an average modern citizen - in other words, a person under almost constant scrutiny. This title traces the status of privacy from ancient Rome onwards, explains how liberty and freedom of thought depend on privacy, and points to some of the places where privacy is under greatest threat, from health to personal space.Trade Review"Excellent... At once rhetorically sparse and alarming...Avoiding well-trodden ground, Sofsky is original in suffusing the physical abuses that the state perpetrates against the privacy of the individual."--AdamSmith.org blog "In this absorbing and upsetting little book, half pungent polemic and half meditation, Sofsky describes how, by means of CCTV cameras and the tracing of mobile phone calls, bus pass use, credit card purchases, e-mail, indeed in almost all ordinary interactions whether in shops or with bureaucracies, every individual is transparently and luminously traceable, leaving a glowing smear behind him as wide as a motorway, and as easy for anyone to follow if they wish... This is an important and very timely book. Its message, implied throughout, is that as one of the great values of civilisation and one of the essentials of personal and psychological integrity, privacy is worth fighting to regain."--A. C. Grayling, The Times (London) "A manifesto in the classic sense... [T]he author takes us on a personal journey that discusses the cultural roots of privacy, the origins of property and the pivotal nature of freedom of thought. Sofsky covers an enormous amount of territory on his voyage, and digs deep into our core social values to discuss the origins of our behaviours, interactions and innate needs."--John Gilbey, Nature "In a critique of the decline of personal privacy, Wolfgang Sofsky blames not technology, the government or fears of crime and terrorism but apathy by the citizenry, and a growing culture of fame seeking or a willingness to share private data... A very timely book, in this age of surveillance cameras, credit agencies, computerized tracking and even more, newer intrusions into our lives we don't even yet know about. Or sadder, probably freely signed up for."--Sacramento Book Review "In this spirited, if at times a little too generalised, defence of privacy, Sofsky rages against not only governmental and technological surveillance but also against the slackness of average citizens who have allowed, and even welcomed, this invasion of their souls."--Fiona Capp, The Age "Most accept the watching. Wolfgang Sofsky does not... We have allowed our privacy to be sacrificed to spurious promises of security and bureaucratic efficiency. Privacy, he argues in Privacy: A Manifesto, is the individual's fortress. It is an area free of domination, the only one under the individual's control."--Jock Given, Australian Literary Review "Sofksy's clear and precise language which shows the reader the issues concerning privacy forcefully. But above all, Sofsky's fundamental argumentation, starting from the body of an individual, is a valuable contribution to the discussion concerning the relationship between privacy and surveillance. It can serve as a stable fundament for discussions concerning the value of privacy which often only fall back on legal rules and their interpretation."--Georg Koppen, Metapsychology Online Reviews "The integrity of our personal lives has been so thoroughly compromised we hardly know what's public and what's private any more, what's important and what's not. Dazed by stimuli, we are immobilised in our decision-making. Sofsky, a German sociologist, calls for us to resist and reassert the powers of independent thought."--Miriam Cosic, Australian "The chief achievement of this book is to explain why privacy matters... Privacy: A Manifesto is as fine a defence of individual autonomy as you will find. You feel that Sofsky is not merely defending the idea of individual autonomy but has absorbed it as an ethic into his very bones."--Josie Appleton, Spiked Review of BooksTable of ContentsChapter 1: Traces 1 Chapter 2: Power and Privacy 11 Chapter 3: Retrospectives 23 Chapter 4: Freedom and Privacy 30 Chapter 5: Territories of the Self 36 Chapter 6: Secrets of the Body 49 Chapter 7: Private Spaces 65 Chapter 8: Property 79 Chapter 9: Information 94 Chapter 10: Freedom of Thought 109 Notes 131

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Book SynopsisUses the social theory of bargaining to look at the daily compromises we make with technology. Specifically, Robert Pallitto explores whether resisting these ‘bargains’ is still possible when the technologies in question are backed by persuasive, even coercive, corporate and state power.Trade ReviewBargaining with the Machine explores the contractual relationship between the user of a technology or service and the provider of it. A user of a technology or service is confronted with an 'irresistible bargain': in order to take advantage of the service the user must surrender some privacy by agreeing to surveillance measures. The user cannot alter the terms and has therefore only the option of rejecting the offer altogether, which comes at the cost of convenience. Robert M. Pallitto makes a convincing case that most people will enter the bargain without even considering the consequences or implications and that often the individual benefits are far less than the risks that can result from subjecting oneself to surveillance measures. The book contains excellent analysis and many fascinating insights that make it an important contribution to the study of surveillance."" - Dr. Armin Krishnan, associate professor and director of security studies at East Carolina University""With philosophical insight and social science circumspection, Robert M. Pallitto lifts the veil of plausibility from the injurious bargains we make with contemporary American culture."" - Albert Borgmann, author of Real American Ethics: Taking Responsibility for Our Country

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Book SynopsisFrom credit-card purchases to electronic fingerprints, the amount of personal data available to government and business is growing exponentially. All industrial societies face the problem of how to regulate this vast world of information, but their...Trade Review"Protectors of Privacy deals with an increasingly important issue that cuts across international security, international political economy, international law, and comparative political economy. Abraham L. Newman offers an intriguing argument involving the general role of 'regulatory power' and the specific role of the European Union in world politics." -- Michael E. Smith, School of International Relations, University of St. Andrews

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Book SynopsisTrade Review"The Poverty of Privacy Rights pushes the conceptualization of legal rights into a new and useful direction, establishing a sturdy platform for intelligent advocacy on behalf of poor people and their dignity. Khiara Bridges' deep knowledge of the social welfare and healthcare system, and the conversations her book invites will bring more privacy concerns affecting the poor to the forefront." -- Anita Allen * University of Pennsylvania *"The Poverty of Privacy Rights is a provocative, courageous account of poor women's lives and the American healthcare system. One of the brightest stars of her generation, Khiara Bridges pushes against the traditional framings of sex-based privacy erosion to deftly articulate an urgent contemporary social concern—privacy rights filtered, constrained, and tampered by government. Bridges masterfully argues that to be poor in the United States and dependent on governmental assistance is to experience intrusions and violations of constitutional rights unrivaled by all others." -- Michele Goodwin * University of California, Irvine *"For those who hold dear, however naively, the idea that the proper application of constitutional law itself can create justice, Khiara Bridges's The Poverty of Privacy Rights is a devastating read....[Her] arguments are elegantly presented, thoroughly documented, and persuasive, and there is no doubt that any future work in this area will have to begin by citing this book." -- Wendy A. Bach * Review of Politics *"In The Poverty of Privacy Rights, Khiara Bridges presents an eloquent treatise detailing why Anthropology Matters! She artfully unravels the inevitable contradictions that stem from the aims of poverty policies in the United States between lowincome mothers who experience the policies in their use of social services and those who interpret policies and thereby provide access to or sanctions against services....As anthropologists, we have a responsibility and a platform to engage in moral and ethical knowledge making of the kind documented in Bridges's The Poverty of Privacy Rights. Readers interested in the anthropology of law, public policy, and poverty studies would greatly benefit from this manuscript." -- Sherri Lawson Clark * American Anthropologist *Table of ContentsContents and AbstractsIntroduction chapter abstractThis introduction describes this book's thesis: Poor mothers have been deprived of family, informational, and reproductive privacy rights. Those who are empowered to interpret the Constitution have construed the document to bestow wealthier women with rights that protect their families from state regulation, prevent their most intimate information from being collected and disclosed to third parties, and provide them with a space to decide whether to become mothers without the government influencing their decisions. Simultaneously, the Constitution has been construed to deny poor mothers (and those facing the question of whether to become mothers) those same rights. Because privacy rights are thought to yield specific values, they are recognized and protected; and because it is assumed that these privacy rights will not yield these same values when individuals who are behaviorally and ethically deficient bear them, poor mothers have been denied these rights. 1The Moral Construction of Poverty chapter abstractThis chapter documents the ubiquitous voices throughout history that have rejected structural explanations of poverty and, instead, have argued that poverty is the result of individual shortcomings. This chapter shows that the discursive link between poverty and immorality continues to the present day: One can easily hear a narrative in political or popular discourse that links poverty with behavioral or ethical deficiencies. This chapter also shows that the Court's jurisprudence has come to reflect the moral construction of poverty, examining several cases in which the Court's rationale for refusing to limit the power of the government vis-à-vis poor individuals reveals an assumption about the pathology of the poor person—usually a poor mother—subject to privacy invasions. This chapter goes on to make the argument that positive rights are not the solution to poor mothers' predicament. 2The Unconstitutional Conditions Doctrine: Revealing, Yet Misleading chapter abstractThis chapter explores the doctrine of unconstitutional conditions, which provides that it is unconstitutional for a state to premise the conferral of a benefit on the beneficiary's surrender of a constitutional right. The chapter argues that unconstitutional conditions cases reveal the justification for the state's denial of privacy rights to poor mothers, showing that the state denies individuals a right when it disbelieves that the individual will realize the value that the right is intended to generate. This chapter goes on to show that poor women lack privacy even when they do not receive a welfare benefit. It contextualizes the privacy invasions that poor mothers endure when receiving welfare benefits in a broader experience of privacy invasions endured by virtue of being poor. This contextualization demonstrates that poor mothers' lack of privacy rights is not a function of reliance on government assistance, but a function of their poverty. 3Family Privacy chapter abstractThis chapter explores various justifications for the family privacy right including instrumental, noninstrumental, and pragmatic justifications. It concludes that the moral construction of poverty counsels in favor of dispossessing poor mothers of the right because it suggests that poor mothers will not realize the value that the right is designed to yield. The chapter goes on to examine the overrepresentation of the poor as subjects of child welfare investigations and within the foster care system—two governmental interventions into the family that the family privacy right purports to allow only when the state suspects child maltreatment. It then shows that the fact of poverty itself gives the state reason to suspect child maltreatment. Accordingly, the state always has the authority to infringe on poor mothers' right to family privacy. The chapter concludes by suggesting that a right that is always already infringed is not right at all. 4Informational Privacy chapter abstractThis chapter explores the justification for the informational privacy right and concludes that poor mothers have been deprived of it because, as with family privacy rights, the informational privacy rights will not yield the value they aredesigned to yield when poor mothers bear them. This chapter goes on to describe a type of right to informational privacy that has not yet been conceptualized fully in the literature. This right, absent compelling circumstances, would prevent the state from coercing those who are marginalized culturally and socially to perform confessions that might be taken to justify their marginalization. This right would be the equivalent of the Fifth Amendment's prohibition against being compelled to be a witness against oneself, except it would apply in noncriminal contexts. 5Reproductive Privacy chapter abstractThis chapter explores reproductive privacy rights and concludes that poor women have been deprived of these rights because society does not trust their ability to make competent, moral decisions about reproduction without state oversight. This chapter documents how Medicaid, through the Hyde Amendment, intrudes into the domain that reproductive privacy rights are designed to protect by constraining the decisions that poor women make concerning abortion. This chapter also discusses how TANF family cap policies intrude into the domain that reproductive privacy rights are designed to protect by constraining poor women's decisions about giving birth to another child. This chapter notes the contradiction of the Hyde Amendment's pronatalism and TANF's antinatalism. It concludes that this contradiction reveals that the state is not interested in the precise decision that poor women make with respect to maternity, but rather is interested in overseeing that decision as she makes it. Conclusion chapter abstractThe conclusion proposes that poor mothers will only enjoy the positive or negative privacy rights that are formally bestowed to them when an individual's economic failure is no longer thought to indicate a flawed character. It examines other historical moments where disenfranchised groups struggled for rights that had been denied to them, focusing on black people's struggle for the right to vote and sexual minorities' struggle for the right to marry. These precedents reveal that formerly disenfranchised groups were successful in acquiring the rights that they sought not because they appealed to the Court to interpret the Constitution differently, but because they shifted the cultural discourse. The law ultimately came to reflect that transformation of culture. The lesson of history is that poor mothers will only be granted privacy rights when our culture shifts, and the moral construction of poverty is unseated from its present discursive throne.

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Book SynopsisAdcreep explores the brave new world of modern advertising, how it works, the social threats it poses, and how American law has failed to reign in the onslaught of invasive marketing technologies.Trade Review"A superb and trenchant critique of the rise of advertising in the digital era. A must-read for anyone concerned about the reach of commercial persuasion."—Sonia Katyal, University of California, Berkeley"Propaganda has migrated online, practiced by algorithms with little respect for human autonomy. Adcreep is the most comprehensive exploration yet of emerging techniques of coercion in commercial media and digital platforms, and why they are simply not okay."—Douglas Rushkoff, author of Throwing Rocks at the Google Bus: How Growth Became the Enemy of Prosperity"The ubiquity of advertisements and commercial surveillance are now standard features of our lives. In Adcreep, Mark Bartholomew elegantly traces how we got to this point, and explores the disturbing places its likely to take us. Bartholomew has a healthy appreciation of what the law can do to bring us to a different future, but what it won't do without a public that pushes back. If there is going to be a fight, Adcreep should be in the pocket of those leading the charge." —Sue Halpern, Middlebury College"Marketers are creeping into every corner of our lives, turning historically ad-free spaces like schools and parks into marketing opportunities, and using digital technologies to spy on us in order to target us with custom ads. In his insightful new book, Adcreep: The Case Against Modern Marketing, Mark Bartholomew, a professor at the University at Buffalo School of Law, examines the impact of this commercial onslaught and the failures of our legal system which have enabled it."—Campaign for a Commercial-Free Childhood"The volume reviews the very thorough and often disturbing techniques used to measure consumer desires. Many rely on more advanced technology—ranging from physiological scanning to social media—and most are frankly invasive. Despite decades of legislation designed to protect the consumer, the need for greater information has produced an environment of constant surveillance that advertisers are apparently exploiting. The author provides copious detailed and frightening examples to underscore his major point: marketing research has become more intrusive...The book is written at a sophisticated level, and is well suited to an educated audience seeking coverage of a sadly timely subject. Recommended"—S. D. Clark, Choice"With a wide range of case studies at hand, Bartholomew places these increasingly invasive tactics in their historical context....[He] recognizes that a change in the law will require a change in our mindsets."—Samuel Earle, Times Literary SupplementTable of ContentsIntroduction 1. Advertising on Trial 2. Colonizing New Advertising Spaces 3. The New Market Research 4. From Market Share to Mindshare 5. Sellebrity 6. Stopping Adcreep

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Book SynopsisThe right to privacy is a pivotal concept in the culture wars that have galvanized American politics for the past several decades. It has become a rallying point for political issues ranging from abortion to gay liberation to sex education. Yet this notion of privacy originated not only from legal arguments, nor solely from political movements on the left or the right, but instead from ambivalent moderates who valued both personal freedom and the preservation of social norms.In The Closet and the Cul-de-Sac, Clayton Howard chronicles the rise of sexual privacy as a fulcrum of American cultural politics. Beginning in the 1940s, public officials pursued an agenda that both promoted heterosexuality and made sexual privacy one of the state''s key promises to its citizens. The 1944 G.I. Bill, for example, excluded gay veterans and enfranchised married ones in its dispersal of housing benefits. At the same time, officials required secluded bedrooms in new suburban homes and cTrade Review"In this elegantly argued, deeply researched book, Clayton Howard charts the history of the politics of the so-called right to privacy in American society since World War Two...[A] superb book, a major piece of scholarship that will change how we think about the history of modern sexuality and political economy in the United States since 1945. At a time when concepts of personal 'privacy' are once again politically fraught, this book helps us understand why popular opinion on the matter has long been considerably more complicated than the polarized binaries of much contemporary political and legal discourse. " * Journal of the History of Sexuality *"[A]n ambitious, well-researched, and important study. Howard weaves together an impressive range of sources that map connections between postwar federal housing policies, debates about urban reform, ordinary suburbanites’ sex lives, and early homophile activism...At a moment when calls for political consensus and moderation are widespread, Howard’s analysis of 'moderation’s small-‘c’ conservative tendencies' and its potential to hamper struggles for social justice is sorely needed." * History: Review of New Books *"[A]n original and ambitious study of postwar sexual politics in San Francisco and its suburbs..Bridging diverse subjects is Howard's attention to the question of sexual privacy, or, more specifically, the burgeoning assumption that nonnormative sexual practices and identities could be countenanced if they were relegated to the private sphere. . . . Howard's insights into the politics of sexual privacy and moderation are powerful and worthy of attention." * Journal of American History *"[A] wide-reaching, deeply researched work that is truly interdisciplinary in both its themes and archive...[I]t explores the interconnections among the history of sexuality, political history, urban history, the history of domesticity, architectural and design history, and legal history, putting all of these areas into productive conversation, not to mention into intellectual and social history writ large. It should serve as a model for other historians who wish to think about history outside of extreme, or at least firmly avowed ideological positions, and explore the analytical possibilities of ambivalence." * American Historical Review *"The Closet and the Cul-de-Sac is a fascinating book that brings together in revelatory ways the political economy of metropolitan development and the history of sexuality, offering new interpretations of postwar political culture. Through a rigorous investigation of housing and neighborhood development, it makes logical what first appears to be a paradox: the triumph of a 'tolerate but not endorse' politics around non-normative sexuality in the second half of the twentieth century. Clayton Howard makes a convincing case for a 'metropolitan' approach to political economy and social life and weighs the implications for sexual politics more thoroughly and creatively than I have seen anywhere else." * Sarah Igo, author of The Known Citizen: A History of Privacy in Modern America *"Clayton Howard has written an important, provocative, and path-breaking book centered on a wide-ranging, eye-opening, and nuanced discussion of the right to privacy and its role in conversations about public and domestic spaces, sexual rights and freedoms, and the proper place of queer and straight people in the body politic. No one has identified the varied threads of privacy embedded throughout the social fabrics of modern cities and suburbs like this before." * Bryant Simon, Temple University *

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Book SynopsisThis seminal book delivers an international examination of the duty of medical confidentiality and a patientâs right to privacy in the face of contemporary threats such as cyber-security, patient autonomy, and the greater reliance on telemedicine post Covid-19 pandemic.Trade Review‘In an era where our health data is increasingly collected, shared, and exploited by a variety of actors—including, at times, without our knowledge or consent—Vansweevelt and Glover-Thomas offer a timely international comparative overview of how privacy and medical confidentiality are protected and promoted in healthcare, and how to attain an effective balance of interests between patients and medical professionals, and wider public interests. This is a must-read for all health privacy law scholars.’ -- Edward S. Dove, University of Edinburgh, UKTable of ContentsContents: Foreword viii 1 Introduction: privacy and medical confidentiality in healthcare 1 Thierry Vansweevelt and Nicola Glover-Thomas 2 Privacy and health in Belgium 5 Thierry Vansweevelt, Nils Broeckx and Filip Dewallens 3 Privacy and health in Canada 24 Emily Baron and Trudo Lemmens 4 Privacy and health in Germany 55 Benedikt Buchner 5 Japanese law of privacy and health 72 Eiji Maruyama 6 Privacy and health in the Nordic countries 91 Mette Hartlev 7 Data protection, privacy, and confidentiality in Qatar’s health system 114 Barry Solaiman 8 Privacy, medical confidentiality, and health in Tanzania 140 Ferdinand Marcel Temba 9 Patient confidentiality rules in South Africa: a legal and ethical perspective 164 Sylvester C. Chima 10 Patient privacy and health information confidentiality in the United States of America 241 Stacey A. Tovino 11 The obligation of medical confidence in the UK 271 Nicola Glover-Thomas 12 Comparative conclusions: towards a global vision of privacy and medical confidentiality? 293 Thierry Vansweevelt and Nicola Glover-Thomas Index 304

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Book SynopsisTrade Review‘The DPCSR Framework is the most prominent initiative so far to embed data protection and data security by design into organisational governance structures. That allows institutions to transform ethical principles into reality, which is essential to any responsible organisation.’ -- Thiago Guimaraes Moraes, Coordinator of Innovation and Research, ANPDTable of ContentsContents: PART I INTRODUCTION TO DATA PROTECTION AS CORPORATE SOCIAL RESPONSIBILITY 1 Introduction to Data Protection as Corporate Social Responsibility 2 Corporate social responsibility and related challenges PART II A NOVEL APPROACH FOR THE PROMOTION OF ETHICS IN THE DATA-DRIVEN ECONOMY – DATA PROTECTION AS A CORPORATE SOCIAL RESPONSIBILITY 3 Scope of the UM-DPCSR Framework 4 UM-DPCSR Framework principle 1: Embed data protection, fairness and security in the design of processes 5 UM-DPCSR Framework Principle 2: be transparent with individuals about the collection and further processing of their data 6 UM-DPCSR Framework Principle 3: balance profits with the actual benefits for citizens 7 UM-DPCSR Framework Principle 4: publish relevant findings based on statistical/anonymized data to improve society 8 UM-DPCSR Framework Principle 5: devote a portion of revenues to awareness campaigns for citizens with regards to the data-centric society PART III GOVERNANCE AND IMPLEMENTATION OF THE FRAMEWORK WITHIN ORGANISATIONS 9 Adherence to the UM-DPCSR Framework 10 Conclusion Annex A: UM DPCSR Data Protection Icons for high-risk processing activities Annex B: Complete set of Arts. 13 and 14 GDPR Data Protection Icons for Information Notices Bibliography Index

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Book SynopsisTrade Review‘Facial recognition technologies (FRT) are spreading rapidly worldwide, and have become embedded in numerous everyday government and corporate practices. This widespread adoption has prompted extensive criticism, particularly from civil society groups concerned about human rights abuses and discriminatory impacts for marginalized and vulnerable communities. In Identified, Tracked, and Profiled, Peter Dauvergne provides a much-needed and thoroughly comprehensive overview of the regulatory issues and policy disputes around FRT. This book is essential reading for those interested in political contests over our changing digital landscape.’ -- Ron Deibert, University of Toronto, CanadaTable of ContentsContents: PART I INTRODUCTION 1. Introducing facial recognition technology 2. Resisting the normalization of facial recognition PART II REINING IN FACIAL RECOGNITION TECHNOLOGY 3. The movement to oppose facial recognition 4. The politics of facial recognition bans in the United States 5. Regulating facial recognition in the United States 6. Rising global opposition to face surveillance PART III THE GLOBAL POLITICAL ECONOMY OF FACIAL RECOGNITION 7. The corporate politics of facial recognition 8. The everyday politics of facial recognition in China 9. The globalization of facial recognition technology PART IV CONCLUSIONS 10. The future of facial recognition technology Appendix: interviews Index

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Book SynopsisThe Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy. The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state—both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance—rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.Trade Review"The Poverty of Privacy Rights pushes the conceptualization of legal rights into a new and useful direction, establishing a sturdy platform for intelligent advocacy on behalf of poor people and their dignity. Khiara Bridges' deep knowledge of the social welfare and healthcare system, and the conversations her book invites will bring more privacy concerns affecting the poor to the forefront." -- Anita Allen * University of Pennsylvania *"The Poverty of Privacy Rights is a provocative, courageous account of poor women's lives and the American healthcare system. One of the brightest stars of her generation, Khiara Bridges pushes against the traditional framings of sex-based privacy erosion to deftly articulate an urgent contemporary social concern—privacy rights filtered, constrained, and tampered by government. Bridges masterfully argues that to be poor in the United States and dependent on governmental assistance is to experience intrusions and violations of constitutional rights unrivaled by all others." -- Michele Goodwin * University of California, Irvine *"For those who hold dear, however naively, the idea that the proper application of constitutional law itself can create justice, Khiara Bridges's The Poverty of Privacy Rights is a devastating read....[Her] arguments are elegantly presented, thoroughly documented, and persuasive, and there is no doubt that any future work in this area will have to begin by citing this book." -- Wendy A. Bach * Review of Politics *"In The Poverty of Privacy Rights, Khiara Bridges presents an eloquent treatise detailing why Anthropology Matters! She artfully unravels the inevitable contradictions that stem from the aims of poverty policies in the United States between lowincome mothers who experience the policies in their use of social services and those who interpret policies and thereby provide access to or sanctions against services....As anthropologists, we have a responsibility and a platform to engage in moral and ethical knowledge making of the kind documented in Bridges's The Poverty of Privacy Rights. Readers interested in the anthropology of law, public policy, and poverty studies would greatly benefit from this manuscript." -- Sherri Lawson Clark * American Anthropologist *Table of ContentsContents and AbstractsIntroduction chapter abstractThis introduction describes this book's thesis: Poor mothers have been deprived of family, informational, and reproductive privacy rights. Those who are empowered to interpret the Constitution have construed the document to bestow wealthier women with rights that protect their families from state regulation, prevent their most intimate information from being collected and disclosed to third parties, and provide them with a space to decide whether to become mothers without the government influencing their decisions. Simultaneously, the Constitution has been construed to deny poor mothers (and those facing the question of whether to become mothers) those same rights. Because privacy rights are thought to yield specific values, they are recognized and protected; and because it is assumed that these privacy rights will not yield these same values when individuals who are behaviorally and ethically deficient bear them, poor mothers have been denied these rights. 1The Moral Construction of Poverty chapter abstractThis chapter documents the ubiquitous voices throughout history that have rejected structural explanations of poverty and, instead, have argued that poverty is the result of individual shortcomings. This chapter shows that the discursive link between poverty and immorality continues to the present day: One can easily hear a narrative in political or popular discourse that links poverty with behavioral or ethical deficiencies. This chapter also shows that the Court's jurisprudence has come to reflect the moral construction of poverty, examining several cases in which the Court's rationale for refusing to limit the power of the government vis-à-vis poor individuals reveals an assumption about the pathology of the poor person—usually a poor mother—subject to privacy invasions. This chapter goes on to make the argument that positive rights are not the solution to poor mothers' predicament. 2The Unconstitutional Conditions Doctrine: Revealing, Yet Misleading chapter abstractThis chapter explores the doctrine of unconstitutional conditions, which provides that it is unconstitutional for a state to premise the conferral of a benefit on the beneficiary's surrender of a constitutional right. The chapter argues that unconstitutional conditions cases reveal the justification for the state's denial of privacy rights to poor mothers, showing that the state denies individuals a right when it disbelieves that the individual will realize the value that the right is intended to generate. This chapter goes on to show that poor women lack privacy even when they do not receive a welfare benefit. It contextualizes the privacy invasions that poor mothers endure when receiving welfare benefits in a broader experience of privacy invasions endured by virtue of being poor. This contextualization demonstrates that poor mothers' lack of privacy rights is not a function of reliance on government assistance, but a function of their poverty. 3Family Privacy chapter abstractThis chapter explores various justifications for the family privacy right including instrumental, noninstrumental, and pragmatic justifications. It concludes that the moral construction of poverty counsels in favor of dispossessing poor mothers of the right because it suggests that poor mothers will not realize the value that the right is designed to yield. The chapter goes on to examine the overrepresentation of the poor as subjects of child welfare investigations and within the foster care system—two governmental interventions into the family that the family privacy right purports to allow only when the state suspects child maltreatment. It then shows that the fact of poverty itself gives the state reason to suspect child maltreatment. Accordingly, the state always has the authority to infringe on poor mothers' right to family privacy. The chapter concludes by suggesting that a right that is always already infringed is not right at all. 4Informational Privacy chapter abstractThis chapter explores the justification for the informational privacy right and concludes that poor mothers have been deprived of it because, as with family privacy rights, the informational privacy rights will not yield the value they aredesigned to yield when poor mothers bear them. This chapter goes on to describe a type of right to informational privacy that has not yet been conceptualized fully in the literature. This right, absent compelling circumstances, would prevent the state from coercing those who are marginalized culturally and socially to perform confessions that might be taken to justify their marginalization. This right would be the equivalent of the Fifth Amendment's prohibition against being compelled to be a witness against oneself, except it would apply in noncriminal contexts. 5Reproductive Privacy chapter abstractThis chapter explores reproductive privacy rights and concludes that poor women have been deprived of these rights because society does not trust their ability to make competent, moral decisions about reproduction without state oversight. This chapter documents how Medicaid, through the Hyde Amendment, intrudes into the domain that reproductive privacy rights are designed to protect by constraining the decisions that poor women make concerning abortion. This chapter also discusses how TANF family cap policies intrude into the domain that reproductive privacy rights are designed to protect by constraining poor women's decisions about giving birth to another child. This chapter notes the contradiction of the Hyde Amendment's pronatalism and TANF's antinatalism. It concludes that this contradiction reveals that the state is not interested in the precise decision that poor women make with respect to maternity, but rather is interested in overseeing that decision as she makes it. Conclusion chapter abstractThe conclusion proposes that poor mothers will only enjoy the positive or negative privacy rights that are formally bestowed to them when an individual's economic failure is no longer thought to indicate a flawed character. It examines other historical moments where disenfranchised groups struggled for rights that had been denied to them, focusing on black people's struggle for the right to vote and sexual minorities' struggle for the right to marry. These precedents reveal that formerly disenfranchised groups were successful in acquiring the rights that they sought not because they appealed to the Court to interpret the Constitution differently, but because they shifted the cultural discourse. The law ultimately came to reflect that transformation of culture. The lesson of history is that poor mothers will only be granted privacy rights when our culture shifts, and the moral construction of poverty is unseated from its present discursive throne.

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Book SynopsisThe right to privacy is a pivotal concept in the culture wars that have galvanized American politics for the past several decades. It has become a rallying point for political issues ranging from abortion to gay liberation to sex education. Yet this notion of privacy originated not only from legal arguments, nor solely from political movements on the left or the right, but instead from ambivalent moderates who valued both personal freedom and the preservation of social norms. In The Closet and the Cul-de-Sac, Clayton Howard chronicles the rise of sexual privacy as a fulcrum of American cultural politics. Beginning in the 1940s, public officials pursued an agenda that both promoted heterosexuality and made sexual privacy one of the state's key promises to its citizens. The 1944 G.I. Bill, for example, excluded gay veterans and enfranchised married ones in its dispersal of housing benefits. At the same time, officials required secluded bedrooms in new suburban homes and created educational campaigns designed to teach children respect for parents' privacy. In the following decades, measures such as these helped to concentrate middle-class families in the suburbs and gay men and lesbians in cities. In the 1960s and 1970s, the gay rights movement invoked privacy to attack repressive antigay laws, while social conservatives criticized tolerance for LGBTQ+ people as an assault on their own privacy. Many self-identified moderates, however, used identical rhetoric to distance themselves from both the discriminatory language of the religious right and the perceived excesses of the gay freedom struggle. Using the Bay Area as a case study, Howard places these moderates at the center of postwar American politics and shows how the region's burgeoning suburbs reacted to increasing gay activism in San Francisco. The Closet and the Cul-de-Sac offers specific examples of the ways in which government policies shaped many Americans' attitudes about sexuality and privacy and the ways in which citizens mobilized to reshape them.Trade Review"In this elegantly argued, deeply researched book, Clayton Howard charts the history of the politics of the so-called right to privacy in American society since World War Two...[A] superb book, a major piece of scholarship that will change how we think about the history of modern sexuality and political economy in the United States since 1945. At a time when concepts of personal 'privacy' are once again politically fraught, this book helps us understand why popular opinion on the matter has long been considerably more complicated than the polarized binaries of much contemporary political and legal discourse. " * Journal of the History of Sexuality *"[A]n ambitious, well-researched, and important study. Howard weaves together an impressive range of sources that map connections between postwar federal housing policies, debates about urban reform, ordinary suburbanites’ sex lives, and early homophile activism...At a moment when calls for political consensus and moderation are widespread, Howard’s analysis of 'moderation’s small-‘c’ conservative tendencies' and its potential to hamper struggles for social justice is sorely needed." * History: Review of New Books *"[A]n original and ambitious study of postwar sexual politics in San Francisco and its suburbs..Bridging diverse subjects is Howard's attention to the question of sexual privacy, or, more specifically, the burgeoning assumption that nonnormative sexual practices and identities could be countenanced if they were relegated to the private sphere. . . . Howard's insights into the politics of sexual privacy and moderation are powerful and worthy of attention." * Journal of American History *"[A] wide-reaching, deeply researched work that is truly interdisciplinary in both its themes and archive...[I]t explores the interconnections among the history of sexuality, political history, urban history, the history of domesticity, architectural and design history, and legal history, putting all of these areas into productive conversation, not to mention into intellectual and social history writ large. It should serve as a model for other historians who wish to think about history outside of extreme, or at least firmly avowed ideological positions, and explore the analytical possibilities of ambivalence." * American Historical Review *"The Closet and the Cul-de-Sac is a fascinating book that brings together in revelatory ways the political economy of metropolitan development and the history of sexuality, offering new interpretations of postwar political culture. Through a rigorous investigation of housing and neighborhood development, it makes logical what first appears to be a paradox: the triumph of a 'tolerate but not endorse' politics around non-normative sexuality in the second half of the twentieth century. Clayton Howard makes a convincing case for a 'metropolitan' approach to political economy and social life and weighs the implications for sexual politics more thoroughly and creatively than I have seen anywhere else." * Sarah Igo, author of The Known Citizen: A History of Privacy in Modern America *"Clayton Howard has written an important, provocative, and path-breaking book centered on a wide-ranging, eye-opening, and nuanced discussion of the right to privacy and its role in conversations about public and domestic spaces, sexual rights and freedoms, and the proper place of queer and straight people in the body politic. No one has identified the varied threads of privacy embedded throughout the social fabrics of modern cities and suburbs like this before." * Bryant Simon, Temple University *

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