Nothing to Hide: The False Tradeoff between Privacy and Security
“If you’ve got nothing to hide,” many people say, “you shouldn’t worry about government surveillance.” Others argue that we must sacrifice privacy for security. But as Daniel J. Solove argues in this important book, these arguments and many others are flawed. They are based on mistaken views about what it means to protect privacy and the costs and benefits of doing so. The debate between privacy and security has been framed incorrectly as a zero-sum game in which we are forced to choose between one value and the other. Why can’t we have both?
In this concise and accessible book, Solove exposes the fallacies of many pro-security arguments that have skewed law and policy to favor security at the expense of privacy. Protecting privacy isn’t fatal to security measures; it merely involves adequate oversight and regulation. Solove traces the history of the privacy-security debate from the Revolution to the present day. He explains how the law protects privacy and examines concerns with new technologies. He then points out the failings of our current system and offers specific remedies. Nothing to Hide makes a powerful and compelling case for reaching a better balance between privacy and security and reveals why doing so is essential to protect our freedom and democracy.
Half Title Title Copyright Contents Preface Introduction PART I The Nothing-to-Hide Argument The All-or-Nothing Fallacy The Danger of Deference Why Privacy Isn’t Merely an Individual Right PART II The Pendulum Argument The National-Security Argument The Problem with Dissolving the Crime-Espionage Distinction The War-Powers Argumentand the Rule of Law PART III The Fourth Amendment and the Secrecy Paradigm The Third Party Doctrine andDigital Dossiers The Failure of Looking for a Reasonable Expectation of Privacy The Suspicionless Searches Argument Should We Keep the Exclusionary Rule? The First Amendment as Criminal Procedure PART IV Will Repealing the Patriot Act Restore Our Privacy? The Law and Technology Problem and the Leave It to the Legislature Argument Video Surveillance and the No-Privacy-in-Public Argument Should the Government Engage in Data Mining? The Luddite Argument, the Titanic Phenomenon, and the Fix a Problem Strategy Conclusion Notes Index
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