For some cases in the clash between privacy and advancingtechnologies, it is possible to make a compelling argument foroverriding the privacy intrusions. Drug and alcohol tests for airlinepilots on the job seem completely justifiable in the name of publicsafety, for example. With the development of new and moresophisticated technology, however, recent work on privacy is examiningthe ways in which respect for privacy can be balanced with justifiableuses of emerging technology (Agre and Rotenberg, 1997; Austin, 2003;Brin, 1998; Etzioni, 1999, and Ethics and InformationTechnology, 6, 1, 2004). Daniel Solove (2006) takes seriously thecriticism that privacy suffers from an embarrassment of meanings andthe concern that new technologies have given rise to a panoply of newprivacy harms. He then endeavors to guide the law toward a morecoherent understanding of privacy, by developing a taxonomy toidentify a wide range of privacy problems comprehensively andcompletely. Moore argues that privacy claims should carry more weightwhen in conflict with other social values and interests. For example,he defends the view that employee agreements that undermine employeeprivacy should be viewed with suspicion, and he argues that laws andlegislation prohibiting the genetic modification of humans willunjustifiably trample individual privacy rights (Moore, 2000). He alsodefends the view that free speech and expression should not be viewedas more important than privacy (Moore, 1998). Clearly, in the wake ofthe terrorist attacks on September 11, 2001, the literature on privacyincreasingly focuses on how to balance privacy concerns with the needfor public safety in an age of terrorism. Moore (2000) argues thatviews which trade privacy for security typically strike the wrongbalance and in many cases undermine both (Moore, 2000). Etzioni andMarsh (2003) provide a varied collection of essays on balancing rightsand public safety after 9/11, highlighting views about where thegovernment will need to expand its authority in fighting the waragainst terrorism, and where it risks overreaching itsauthority. Revisions to the U.S. Patriot Act and the extent to whichthere have been increases in surreptitious electronic surveillancewithout court-issued warrants in violation of the Foreign IntelligenceSurveillance Act (FISA) will lead to further debates on the importanceof privacy protection versus governmental power post 9/11. A morerecent example is Edward Snowden’s unauthorized acquisition ofprivileged National Security Agency (NSA) information and his furtherbreach of sharing the information without permission. (Some view himas a hero, others as a traitor.) Although the government needs strongpowers to protect its citizens, the executive branch also needs toprovide a strong voice on behalf of civil liberties and individualrights, including privacy.
But let’s go back to the first two sentences of Brandeis’ conclusion, the part about government as society's potent and omnipresent teacher, teaching the whole people by its example. I encountered that passage again, quite recently, in a startling context. While writing about earlier this week, I went back and reread Vidal’s extraordinary essay which was published in September 2001 in Vanity Fair (now the publication that employs Michael Kinsley, as it happens). We all had other things to think about in that particular month, so Vidal’s essay was rapidly forgotten, not least because it challenged the official narrative about McVeigh and the Oklahoma City bombing of 1995, not to mention the turn-of-the-century bubble of American confidence and complacency that was about to be popped.
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It was helping me see myself as someone worthy of desire, someone worthy of the lens.Brandeis University International Business School -…22 Dec 2012 The International Business School at Brandeis University is unique among corporate communication to data analysis – through a global lens Brandeis Briefly Shuts Down Over Email Threat – The…5 days ago Brandeis University has been temporarily closed following an email Deri defended his remarks in an essay for the Israeli news site Arutz Rereading Warren and Brandeis: Privacy, Property, and…I am grateful to the many friends and colleagues who have read this essay and im- proved it See, e.g., Kalven, Privacy in Tort Law-Were Warren and Brandeis Wrong?, 31 conceptualized through the lens of the property right of common.1 Jul 2017 Fishbayn Joffe is the next director of the Hadassah-Brandeis Institute (HBI).
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