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Spying Inc., Danielle K. Citron
Spying Inc., Danielle K. Citron
Faculty Scholarship
The latest spying craze is the “stalking app.” Once installed on someone’s cell phone, the stalking app provides continuous access to the person’s calls, texts, snap chats, photos, calendar updates, and movements. Domestic abusers and stalkers frequently turn to stalking apps because they are undetectable even to sophisticated phone owners.
Business is booming for stalking app providers, even though their entire enterprise is arguably illegal. Federal and state wiretapping laws ban the manufacture, sale, or advertisement of devices knowing their design makes them primarily useful for the surreptitious interception of electronic communications. But those laws are rarely, if ever, enforced. …
Network Accountability For The Domestic Intelligence Apparatus, Danielle K. Citron, Frank Pasquale
Network Accountability For The Domestic Intelligence Apparatus, Danielle K. Citron, Frank Pasquale
Faculty Scholarship
A new domestic intelligence network has made vast amounts of data available to federal and state agencies and law enforcement officials. The network is anchored by “fusion centers,” novel sites of intergovernmental collaboration that generate and share intelligence and information. Several fusion centers have generated controversy for engaging in extraordinary measures that place citizens on watch lists, invade citizens’ privacy, and chill free expression. In addition to eroding civil liberties, fusion center overreach has resulted in wasted resources without concomitant gains in security.
While many scholars have assumed that this network represents a trade-off between security and civil liberties, our …
Fulfilling Government 2.0'S Promise With Robust Privacy Protections, Danielle K. Citron
Fulfilling Government 2.0'S Promise With Robust Privacy Protections, Danielle K. Citron
Faculty Scholarship
The public can now “friend” the White House and scores of agencies on social networks, virtual worlds, and video-sharing sites. The Obama Administration sees this trend as crucial to enhancing governmental transparency, public participation, and collaboration. As the President has underscored, government needs to tap into the public’s expertise because it doesn’t have all of the answers.
To be sure, Government 2.0 might improve civic engagement. But it also might produce privacy vulnerabilities because agencies often gain access to individuals’ social network profiles, photographs, videos, and contact lists when interacting with individuals online. Little would prevent agencies from using and …
Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle K. Citron, Leslie Henry
Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle K. Citron, Leslie Henry
Faculty Scholarship
Despite extensive scholarly, legislative, and judicial attention to privacy, our understanding of privacy and the interests it protects remains inadequate. At the crux of this problem is privacy’s protean nature: it means “so many different things to so many different people” that attempts to articulate just what it is, or why it is important, generally have failed or become unwieldy. As a result, important privacy problems remain unaddressed, often to society’s detriment.
In his newest book, Understanding Privacy, Daniel J. Solove aims to reverse this state of affairs with a pluralistic conception of privacy that recognizes the societal value of …