9781138791053 (hardback) 1138791059 (hardback) 9781315763132 (e-book)
Other Standard Identifiers
Routledge research in IT and E-commerce law.
Bibliography, etc. Note
Includes bibliographical references (pages 209-216) and index.
Formatted Contents Note
Table of cases Acknowledgments 1. Introduction Unwanted attention The democratization of the media Permissible and impermissible speech Goals: Building a framework for addressing conflicts between privacy and free speech ; Formulating principles of privacy ethics ; Grounding privacy ; Reevaluating case law ; Distinguishing ethical and legal judgments The book's layout 2. The value of privacy Defining privacy Why privacy is valuable: Reputation ; Avoiding unjust punishment, and the "right to be forgotten" ; Property ; A lack of privacy is objectively harmful ; Intimacy, relational harms, and the need to compartmentalize ; No harm no foul? ; Trust ; Dignity and respect for persons ; Privacy, toleration, and community Summary 3. Legitimate privacy interests Terminology: legitimate privacy interests and reasonable expectations of privacy The plain view principle, modified Which means of observation are legitimate? the careful and carefree societies Qualifying the plain view principle: One may reasonably expect privacy when one's dignity is implicated ; One can have a legitimate privacy interest that information not be spread to circles wider than one willingly exposed oneself to ; Controlling the intended audience of one's message ; Clarifying what counts as "readily accessible through legitimate means" ; Consent Conclusion: privacy in public places 4. The value of free speech Reasons free speech is valuable Should interests in free speech be put on a balancing scale?: The E.U. vs the U.S. The slippery slope objection to protecting only some speech The speech that merits legal protection Do legal protections of free speech apply only to professional journalists? Deciding what is newsworthy: Substitutability (Finger and Kim Phuc) ; Non-newsworthy details of a newsworthy event (Y.G and L.G.) ; Newsworthy for a select group, non-newsworthy for the general public (Parnigoni) Conclusion 5. Balancing privacy and free speech: Utilitarianism, its limits, and tolerating the sensitive Introduction The framework: Interests and rights ; Balancing privacy against free speech (as opposed to public safety) ; The utilitarian approach ; Limits of a utilitarian approach Feasibility problems The respect and dignity problem Toleration and respect for persons Weighing reasons and considerations without making a utilitarian calculation 6. Cases Publicizing private facts: Private facts in private places (Rear Window, Lake v. Wal-Mart) ; Private facts that are newsworthy (Alvarado, Kaysen) ; Private facts in public places (Upskirt videos, Dennison, Turnbull) Cases at the border (Riley, Vazquez, and Wood) Publicizing public facts: Public facts that are not newsworthy (the baseball fan) ; Publicizing newsworthy public facts (Public meetings and lectures, police conduct, arrests) 7. Remedies Google Glass with face recognition Remedies: New social norms ; Legal remedies and their limits Other alternatives Technology and architecture Market solutions and their limits Conclusion.
K564.C6 T86 2015
London ; New York : Routledge, Taylor & Francis Group, 2015.