Physical Sciences and Mathematics Commons^™

The San Bernardino iPhone case burst on the scene as I was nearing the completion of this manuscript. I could not have imagined a better scenario to sum up the issues of free speech, privacy, intellectual property and security than this case. Not least because the San Bernardino Apple iPhone case generated considerable public interest and policy debate in the United States and abroad. At stake are issues such as the balance between national security and personal privacy, tensions between global technology companies and domestic law enforcement, and the potential supremacy of technology -- particularly encryption -- over traditional notions …

"Free speech" and "privacy" operate as integral, essential supporting values that underpin the missions of colleges and universities in the United States. Chapter One focused attention on free speech. Many of the same arguments could be made by and for privacy. It would be interesting to subject the same content about free speech to a global "find and replace" function for the applicable legal and policy points between them! Nonetheless, US law separates these two areas. Therefore, this chapter will focus on privacy law in particular: government surveillance and consumer privacy. Both subsets of privacy law, I will argue, have …