Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Coalition building (1)
- Data (1)
- Expression (1)
- Expressive theory (1)
- First Amendment (1)
-
- Fourth Amendment (1)
- Gender identity (1)
- Government surveillance (1)
- Harm (1)
- Head veils (1)
- Hoodies (1)
- Identity politics (1)
- Intrusion (1)
- Mass surveillance (1)
- Obfuscation (1)
- Performance (1)
- Privacy (1)
- Privacy law (1)
- Resistance (1)
- Signal (1)
- Surveillance (1)
- Symbolic conduct (1)
- Tor (1)
- Transgender (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
An Expressive Theory Of Privacy Intrusions, Craig Konnoth
An Expressive Theory Of Privacy Intrusions, Craig Konnoth
Publications
The harms of privacy intrusions are numerous. They include discrimination, reputational harm, and chilling effects on speech, thought, and behavior. However, scholarship has yet to fully recognize a kind of privacy harm that this article terms "expressive."
Depending on where the search is taking place and who the actors involved are--a teacher in a school, the police on the street, a food inspector in a restaurant--victims and observers might infer different messages from the search. The search marks the importance of certain societal values such as law enforcement or food safety. It can also send messages about certain groups by …
Performative Privacy, Scott Skinner-Thompson
Performative Privacy, Scott Skinner-Thompson
Publications
Broadly speaking, privacy doctrine suggests that the right to privacy is non-existent once one enters the public realm. Although some scholars contend that privacy ought to exist in public, “public privacy” has been defended largely with reference to other, ancillary values privacy may serve. For instance, public privacy may be necessary to make the freedom of association meaningful in practice.
This Article identifies a new dimension of public privacy, supplementing extant justifications for the right, by arguing that many efforts to maintain privacy while in “public” are properly conceptualized as forms of performative, expressive resistance against an ever-pervasive surveillance society. …