Nothing to Hide: The False Tradeoff Between Privacy and Security

Front Cover
Yale University Press, May 31, 2011 - Law - 245 pages
"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. -- David Cole
 

Contents

1 Introduction
1
Values How We Should Assess and Balance the Values of Privacy and Security
19
Times of Crisis How the Law Should Address Matters of National Security
53
Constitutional Rights How the Constitution Should Protect Privacy
91
New Technologies How the Law Should Cope with Changing Technology
153
Notes
211
Index
236
Copyright

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About the author (2011)

Daniel J. Solove is John Marshall Harlan Research Professor of Law, George Washington University Law School. He is the author of several books about information privacy. He blogs at Concurring Opinions on issues of law, culture, and current events, and he lives in Washington, D.C. -- Jack Balkin

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