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Full-Text Articles in Law
Data Mining And The Security-Liberty Debate, Daniel J. Solove
Data Mining And The Security-Liberty Debate, Daniel J. Solove
GW Law Faculty Publications & Other Works
In this essay, written for a symposium on surveillance for the University of Chicago Law Review, I examine some common difficulties in the way that liberty is balanced against security in the context of data mining. Countless discussions about the trade-offs between security and liberty begin by taking a security proposal and then weighing it against what it would cost our civil liberties. Often, the liberty interests are cast as individual rights and balanced against the security interests, which are cast in terms of the safety of society as a whole. Courts and commentators defer to the government's assertions about …
Necessary Subjects: The Need For A Mandatory National Donor Gamete Registry, Naomi R. Cahn
Necessary Subjects: The Need For A Mandatory National Donor Gamete Registry, Naomi R. Cahn
GW Law Faculty Publications & Other Works
This brief article calls for a mandatory national donor gamete registry. It first discusses the history of secrecy in the adoption context before turning to issues involving confidentiality in the donor context. After analyzing the issues involved in maintaining the secrecy of donor gametes, the article ultimately recommends the establishment of a national information registry, similar to that in place in numerous other countries, to keep track of children both through donor egg, embryo, and sperm, as well as the identities of the gamete providers. Participation in the registry would be mandatory for anyone involved in supplying donor gametes. Once …
The Case For Tolerant Constitutional Patriotism: The Right To Privacy Before The European Courts, Francesca Bignami
The Case For Tolerant Constitutional Patriotism: The Right To Privacy Before The European Courts, Francesca Bignami
GW Law Faculty Publications & Other Works
The theory of constitutional patriotism has been advanced as a solution to the European Union's legitimacy woes. Europeans, according to this theory, should recognize themselves as members of a single human community and thus acknowledge the legitimacy of Europe-wide governance based on their shared belief in a common set of liberal democratic values. Yet in its search for unity, constitutional patriotism, like nationalism and other founding myths, carries the potential for the exclusion of others. This article explores the illiberal tendencies of one element of the liberal canon - the right to privacy - in the case law of Europe's …
Understanding Privacy (Chapter One), Daniel J. Solove
Understanding Privacy (Chapter One), Daniel J. Solove
GW Law Faculty Publications & Other Works
Privacy is one of the most important concepts of our time, yet it is also one of the most elusive. As rapidly changing technology makes information increasingly available, scholars, activists, and policymakers have struggled to define privacy, with many conceding that the task is virtually impossible.
In UNDERSTANDING PRIVACY (Harvard University Press, May 2008), Professor Daniel J. Solove offers a comprehensive overview of the difficulties involved in discussions of privacy and ultimately provides a provocative resolution. He argues that no single definition can be workable, but rather that there are multiple forms of privacy, related to one another by family …
The New Vulnerability: Data Security And Personal Information, Daniel J. Solove
The New Vulnerability: Data Security And Personal Information, Daniel J. Solove
GW Law Faculty Publications & Other Works
This book chapter was originally written for a conference on privacy and security at Stanford Law School held in March 2004. The chapter argues that abuses of personal information are caused by the failure to regulate the way companies manage personal information. Despite taking elaborate technological measures to protect their data systems, companies readily disseminate the personal information they have collected to a host of other entities and sometimes even to anyone willing to pay a small fee. Companies provide access to their record systems over the phone to anybody in possession of a few easy-to-find pieces of personal information …