Kuhn explains how new data technologies, particularly knowledge discovery in databases (KDD) applications, will force courts to reconceptualize constitutional privacy rights. Privacy conceptualizations in the First and Fourth Amendments and information privacy jurisprudence (privacy as space, privacy as secrecy, and privacy as information control) offer inadequate protection against federal dataveillance programs. Utilizing a theoretical perspective from which privacy law functions to balance personal privacy and national security by limiting the government s ability to access, manipulate, and control personal information, Kuhn introduces two new conceptualizations of constitutional privacy. The privacy-as-confidentiality conceptualization is now emerging from circuit court information privacy cases, and the privacy-as-knowledge-control conceptualization is needed to provide protection for federally created knowledge about specific individuals. Kuhn also suggests an information privacy calculus that will assist future courts when balancing individual privacy interests against the government s interests in disclosure.
Federal Dataveillance
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About the Author
Martin Kuhn completed his Ph.D. at the University of North Carolina at Chapel Hill and currently holds a Presidential Management Fellowship within the U.S. Department of Justice. Prior to beginning his degree program, Martin was the Marketing Director for a commercial printing company that provided direct mail marketing services. He and his wife Rebecca reside in Washington D.C.
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Key Phrases - Statistically Improbable Phrases (SIPs):
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market failure critique, dataveillance programs, anonymous speech cases, privacy conceptualizations, employees holding security clearances, federal dataveillance, privacy calculus, information privacy cases, conceptualized privacy, state action obstacle, secrecy paradigm, information privacy interest, plaintiff categories, constitutional privacy protections, practical obscurity, individual privacy interest, digital dossiers, privacy jurisprudence, privacy doctrine, new surveillance technologies, particularized suspicion, information privacy protection, sensitive commercial information, limited privacy, state action doctrine Key Phrases - Capitalized Phrases (CAPs): (learn more)
Fourth Amendment, First Amendment, Supreme Court, United States, Justice Stevens, Justice Stewart, Circuit Courts of Appeal, Fifth Amendment, Justice Scalia, Justice Blackmun, Justice Harlan, Justice Brennan, Judge Wisdom, Fourteenth Amendment, Bill of Rights, City of New York, New York City, Fifth Circuit, Chief Justice Taft, Second Circuit, Justice Douglas, Judge Feinberg, Little Rock, Justice Potter Stewart, Tenth Circuit Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
market failure critique, dataveillance programs, anonymous speech cases, privacy conceptualizations, employees holding security clearances, federal dataveillance, privacy calculus, information privacy cases, conceptualized privacy, state action obstacle, secrecy paradigm, information privacy interest, plaintiff categories, constitutional privacy protections, practical obscurity, individual privacy interest, digital dossiers, privacy jurisprudence, privacy doctrine, new surveillance technologies, particularized suspicion, information privacy protection, sensitive commercial information, limited privacy, state action doctrine Key Phrases - Capitalized Phrases (CAPs): (learn more)
Fourth Amendment, First Amendment, Supreme Court, United States, Justice Stevens, Justice Stewart, Circuit Courts of Appeal, Fifth Amendment, Justice Scalia, Justice Blackmun, Justice Harlan, Justice Brennan, Judge Wisdom, Fourteenth Amendment, Bill of Rights, City of New York, New York City, Fifth Circuit, Chief Justice Taft, Second Circuit, Justice Douglas, Judge Feinberg, Little Rock, Justice Potter Stewart, Tenth Circuit Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
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