The Digital Person: Technology And Privacy In The Information Age [Hardcover]

Daniel Solove (Author)

Book Description

ISBN-10: 0814798462 | ISBN-13: 978-0814798461 | Publication Date: December 1, 2004

Seven days a week, twenty-four hours a day, electronic databases are compiling information about you. As you surf the Internet, an unprecedented amount of your personal information is being recorded and preserved forever in the digital minds of computers. For each individual, these databases create a profile of activities, interests, and preferences used to investigate backgrounds, check credit, market products, and make a wide variety of decisions affecting our lives. The creation and use of these databases—which Daniel J. Solove calls “digital dossiers”—has thus far gone largely unchecked. In this startling account of new technologies for gathering and using personal data, Solove explains why digital dossiers pose a grave threat to our privacy.

The Digital Person sets forth a new understanding of what privacy is, one that is appropriate for the new challenges of the Information Age. Solove recommends how the law can be reformed to simultaneously protect our privacy and allow us to enjoy the benefits of our increasingly digital world.

The first volume in the series EX MACHINA: LAW, TECHNOLOGY, AND SOCIETY

Editorial Reviews

From Publishers Weekly

When one surveys the myriad ways that personal information can be snatched from individuals through electronic means, it’s easy to feel gloomy about the prospects for privacy in the Information Age—which is why this book is so refreshing. Although it sometimes reads like a legal brief—author Solove (Information Privacy Law) is an associate law professor at George Washington University Law School—it offers insights into the current state of privacy in America and some intriguing prescriptions for altering that state of affairs. Contrary to popular notions that "Big Brother" is destroying privacy, Solove argues that the withering of privacy can, in large measure, be attributed to indifference. "The privacy problem created by the use of databases stems from an often careless and unconcerned bureaucratic process," he writes, "one that has little judgment or accountability.... We are not just heading toward a world of Big Brother, but to a world that is beginning to resemble Kafka’s vision in The Trial." Solove contends that existing methods for protecting privacy fail to fulfill their purpose because they depend on individuals remedying situations that they don’t even know exist. Solove’s call for systematic change is compelling, as are his ideas for revamping society’s information-gathering architecture. "Changing our relationships with bureaucracies can’t be achieved through isolated lawsuits," he argues. "We need a regulatory system, akin to the ones we have in place regulating our food, environment, and financial institutions." Anyone concerned with preserving privacy against technology’s growing intrusiveness will find this book enlightening.
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Review

“This comprehensive analysis of privacy in the information age challenges traditional assumptions that breeches of privacy through the development of electronic dossiers involve the invasion of one's private space.”
-Choice

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“Solove ultimately is no ‘chicken little’ but an idealist of the best sort, concluding a positive role for law in the problem of privacy. Whether the world will leave Orwell and Kafka behind and evolve into Solove remains to be seen, but herein is offered a plan to achieve that objective.”
-Journal of Information Ethics

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“The Digital Person challenges the existing ways in which law and legal theory approach the social, political, and legal implications of the collection and use of personal information in computer databases. Solove’s book is ambitious, and represents the most important publication in the field of information privacy law for some years.”
-Georgetown Law Journal

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“Anyone concerned with preserving privacy against technology's growing intrusiveness will find this book enlightening.”
-Publishers Weekly

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“Solove . . . truly understands the intersection of law and technology. This book is a fascinating journey into the almost surreal ways personal information is hoarded, used, and abused in the digital age.”
-The Wall Street Journal

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See all Editorial Reviews

Product Details

• Hardcover: 290 pages
• Publisher: NYU Press (December 1, 2004)
• Language: English
• ISBN-10: 0814798462
• ISBN-13: 978-0814798461
• Product Dimensions: 9.2 x 6.3 x 1 inches
• Shipping Weight: 1.1 pounds (View shipping rates and policies)
• Average Customer Review: 4.2 out of 5 stars  See all reviews (14 customer reviews)
• Amazon Best Sellers Rank: #1,260,812 in Books (See Top 100 in Books)

More About the Author

Daniel J. Solove is the John Marshall Harlan Research Professor of Law at the George Washington University Law School and an internationally-known expert in privacy law.

To find out more about his work and to download many of his writings, go to http://danielsolove.com.

Solove is the author of several books, including
* NOTHING TO HIDE: THE FALSE TRADEOFF BETWEEN PRIVACY AND SECURITY (Yale 2011)
* UNDERSTANDING PRIVACY (Harvard 2008)
* THE FUTURE OF REPUTATION: GOSSIP, RUMOR, AND PRIVACY ON THE INTERNET (Yale 2007) (winner of the 2007 McGannon Award)
* THE DIGITAL PERSON: TECHNOLOGY AND PRIVACY IN THE INFORMATION AGE (NYU 2004)

He is also the author of a textbook, INFORMATION PRIVACY LAW with Aspen Publishing Co. now in its third edition, with co-author Paul Schwartz.

Solove has published more than 40 articles and essays, which have appeared in leading law reviews such as the Yale Law Journal, Stanford Law Review, Columbia Law Review, California Law Review, Michigan Law Review, NYU Law Review, University of Pennsylvania Law Review, and Duke Law Journal.

Professor Solove has testified before Congress and has been interviewed and featured in several hundred media broadcasts and articles, including the New York Times, Wall Street Journal, Washington Post, Chicago Tribune, USA Today, Associated Press, Time, Newsweek, ABC, CBS, NBC, CNN, and NPR.

A graduate of Yale Law School, he clerked for Judge Stanley Sporkin, U.S. District Court for the District of Columbia and Judge Pamela Ann Rymer, U.S. Court of Appeals for the 9th Circuit. He also worked at the law firm Arnold & Porter in Washington, DC.

Professor Solove teaches information privacy law, criminal procedure, criminal law, and law and literature.

He blogs at http://concurringopinions.com, which was selected by the ABA Journal as among the 100 best law blogs.

Customer Reviews

Most Helpful Customer Reviews

15 of 15 people found the following review helpful:

5.0 out of 5 stars Are You Really What You Eat, Drink and Drive?, September 12, 2005

By 

Christopher Byrne "The Business Controls Caddy" (Atlanta, GA USA) - See all my reviews
(REAL NAME)   

This review is from: The Digital Person: Technology And Privacy In The Information Age (Hardcover)

How many times have we heard the expression that "you are what you eat"? But what if that were extended to what you drive, what you read, where you work, what you spend, and much more. What if this information was being gathered by unknown people for uncertain purposes in digital format, would this "digital dossier", which might be used to make decisions about you, be accurate? Well they do exist and are assembled and used by people and groups that you may not even know about, even though the use may have a direct impact on your life.

So you might then ask if existing legal frameworks provide any protection or recourse to keep a handle on the information? In The Digital Person: Technology and Privacy in the Information Age (2004, New York University Press, 282 Pages, ISBN 0814798462), George Washington University Law Professor and privacy law expert Daniel J. Solove weaves history, legal precedents, changes in society/technology, and discussions of practical business/marketing into a narrative that is not only easy to read and understand, but one that must be read by anybody who wants to discuss and understand privacy in a meaningful way.

Solove, who also co-authored Information Privacy Law in 2003, starts out by laying the groundwork for the privacy discussion. He outlines how information databases came to be and how they have evolved. He then provides the basis for the metaphor he wants to present, showing that it is not the Orwellian world of 1984 we need to fear, but the world imagined by Kafka in The Trial that should be of concern to individuals. Having never read The Trial, I found this discussion to be fascinating and in some ways changed some of my thoughts on the issue, while reenforcing others.

The meat of the book, which is built on his metaphor, is that current privacy laws in the United States have not kept up with technology, and that unless they are changed, individuals will continue to be helpless in controlling their information (which may or may not be private). As he points out, consumers are always at the wrong end of one-sided contracts when it comes to information surrounding their information. Acknowledging that the information genie is indeed out of the bottle, Solove hones in on discussions about what the laws need to address, but how this may not be so easy. The key is defining what is meant by "Secrecy" and "embarrassment". Also key is that the risks we face, given that so much of our lives is already catalogued, are the result of indifference or mistakes on the part of the people who hold the data. It is also the fact that this indifference and chances for error are magnified because there is no market or economic incentive for companies to have privacy policies that work for the consumer and have some teeth.

He develops a framework for legal changes that centers on the 4th and 5th amendments of the constitution, providing examples how in some areas the courts have evolved as technologies change. But part of the challenge, as he points out, is the patchwork of laws in the United States that conflict, overlap, and in sone case are too inclusive in their implementation.

It is unclear from this book how the changes he proposes can be accomplished. Consumers are not united enough and do not have deep enough pockets to fight for the change. If the book has only one shortcoming, it would in my opinion be lack of discussion of this imbalance. In light of this, it only rates 5 stars instead of 5++.

Who Should Read This Book?

This book should be read by anybody who wants to gain a solid foundation to understand and discuss privacy issues in a meaningful manner.

The Scorecard

A Double Eagle on a long Par 5 playing into the wind.

9 of 9 people found the following review helpful:

5.0 out of 5 stars Solove offers Real solutions to Real problems, November 14, 2004

By 

Susan Soltis "Sue Soltis" (Colorado) - See all my reviews

This review is from: The Digital Person: Technology And Privacy In The Information Age (Hardcover)

At long last . . . a book about privacy that doesn't just whine about how privacy is "dead"! Solove offers real solutions to real problems. The book is both frightening and optimistic. Solove talks about the efforts underway by big corporations and big government to collect our data and how its use is harming people. These developments are astonishing, and the book describes them in a way that opens your eyes to the big picture of what is going on. His discussion of why we should protect privacy is the best argument I've yet heard. Solove doesn't dumb down his discussion like many other books do. Nor does he throw his hands up in the air and say that our privacy is all gone. Solove is very specific about the changes he proposes in the law. I appreciated the fact that Solove offers real solutions. This is a deeper book than most books on privacy. If you want to learn why privacy should be protected and how, you should definitely read this remarkable book.
Sue Soltis
Colorado

7 of 7 people found the following review helpful:

5.0 out of 5 stars SOLOVE KNOWZ PRIVACY LAW!, September 11, 2005

By 

Joseph Poliakon "Techno-Geek" (Space Coast, FL USA) - See all my reviews
(REAL NAME)   

This review is from: The Digital Person: Technology And Privacy In The Information Age (Hardcover)

This is the third book in my latest readings on post-9/11 citizen privacy and personal security issues. O'Harrow's "No Place To Hide" and Rosen's "The Naked Crowd" preceded this one. All have been informative, but this book by Daniel Solove is the crème de la crème. It is five stars with a bullet.

It is scholarly in content without being esoteric as it wrestles with privacy law and privacy reconceptualization issues. Solove is a rare lawyer with the organized mind of an engineer, a "law engineer." He delineates the emerging problems attendant to digital dossiers while concisely laying out and discussing the pertinent law, privacy issues and conceptual models of privacy protection. He is able to deftly juggle Kafka, Huxley and Orwell's "privacy & surveillance" writings while seamlessly marrying them and the other digital privacy elements to privacy law history running from Warren and Brandeis' "The Right To Privacy," through the Privacy Act of 1974 up to COPPA.

Like many of us "digital persons" pursuing life, liberty and happiness out in the U.S. hinterlands, Solove recognizes "the government's increasing access to our digital dossiers is one of the most significant threats to privacy of our times...". He wisely understands that the "law crafting" solution must be an adaptively dynamic one and proposes an architectural solution that is process oriented.

This book makes it clear that SOLOVE KNOWZ PRIVACY LAW!