Page 191 - Privacy in a Cyber Age Policy and Practice

Notes

Preface
1. Michael Sandel, Liberalism and the Limits of Justice (1998); Charles Taylor, “The
Liberal-Communitarian Debate,” in Nancy L. Rosenblum (ed.) Liberalism and
the Moral Life (Cambridge: Cambridge University Press, 1989), pp. 159–182.
2. “The Responsive Communitarian Platform,” in Amitai Etzioni (ed.), The Essential
Communitarian Reader (Cambridge: Cambridge University Press, 1998), pp.
xxv–xxxix.

Chapter 1

1. Amitai Etzioni, “The Privacy Merchants: What Is to Be Done?” University of
Pennsylvania Journal of Constitutional Law 14, 4 (March 2012): 929.
2. Peter P. Swire, “Katz Is Dead. Long Live Katz”, Michigan Law Review 102, 5 (2004):
904, 912. (“The increasing storage of telephone calls is part of the much broader
expansion since 1967 of stored records in the hands of third parties. Although
there are no Supreme Court cases on most of these categories of stored records,
the Miller and Smith line of cases make it quite possible that the government can
take all of these records without navigating Fourth Amendment protections.”)
Some scholars have suggested that Fourth Amendment restrictions should apply to
subsequent use, although the analysis is not sufficiently developed in the courts to
constitute a meaningful privacy doctrine. Harold J. Krent, Of Diaries and Data Banks:
Use Restrictions Under the Fourth Amendment, 74 Tex. L. Rev. 49 (1995–1996). (“If
the state can obtain the information only through means constituting a search or
seizure, then use restrictions should apply, confining the governmental authorities
to uses consistent with the [Fourth] Amendment’s reasonableness requirement.”)
3. NTO, “The Virginia ‘Right of Privacy’ Statute,” Virginia Law Review 38 (1952): 117.
4. Samuel D. Warren and Louis D. Brandeis, “The Right of Privacy,” Harvard Law
Review 4 (1890): 193.
5. For an excellent overview of how advances in information and communication
technologies have rendered obsolete the privacy laws (and the doctrines on which
these laws are based) of the 1980s and 1990s, see Omer Tene, “Privacy: The New
Generations,” International Data Privacy Law 1 (2011): 15–27. For a discussion of
how these changes have particularly affected the privacy expectations of the “Face-
book generation,” see Mary Graw Leary, “Reasonable Expectations of Privacy for
Youth in a Digital Age,” Mississippi Law Journal 80 (2011): 1033.