Law Commons^™

Fractured Freedoms: The United States’ Postmodern Approach To Protecting Privacy, Adam Todd

School of Law Faculty Publications

Privacy law in the United States can be characterized as postmodern. It is fragmented and reflects postmodern paradox. This article is particularly concerned with the threats to the freedoms that underlie the right to privacy in the United States caused by this postmodern approach-particularly the lack of comprehensive regulation or protections against violations of privacy. The weaknesses of the United States' fragmented approach are apparent when contrasted to the more comprehensive and centrally-regulated European approach, such as that found in the European Data Privacy Directive.

But one cannot simply state that the United States should borrow the comprehensive European approach. …