Nothing to Hide: The False Tradeoff between Privacy and Security [Hardcover]

Daniel J. Solove (Author)

Book Description

Publication Date: May 31, 2011

"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.

Editorial Reviews

Review

"[A] thought-provoking, accessible introduction to privacy and security law."—J.M. Keller, Choice

(J.M. Keller Choice )

"A very timely and thought provoking book."—Raymond G. Kessler, The Law and Politics Book Review

(Raymond G. Kessler The Law and Politics Book Review )

“Nothing to Hide is a potent and sobering tonic that provides an invaluable antidote to the sort of panicked rhetoric that makes privacy and civil liberties into antiquated relics at best, handmaidens of al Qaeda at worst.”—The Daily

(The Daily )

“Daniel Solove takes on the two biggest challenges to privacy in the twenty-first century:  the rapid development of technology that gives the government the ability to track our decisions, choices, discussions, and movements in real time; and the threat of catastrophic terrorist attacks, which demand increased security measures.  In clear, measured prose, Solove shows how the law of privacy has failed us in addressing these twin challenges, and proposes an innovative way forward.”—David Cole, Georgetown University Law School

(David Cole 20110215)

 “The Information Age has turned our notions of privacy upside down.  Solove is our smartest thinker on what privacy means today, and "Nothing to Hide" definitely refutes old ideas about privacy and replaces them with ones that work in the world of data brokers, Facebook, and Wikileaks.  The debate will never be the same after this book.”—Bruce Schneier, author of Applied Cryptography

(Bruce Schneier 20110215)

“Daniel Solove is one of America's leading experts on privacy law. In this engaging book, he explains why privacy is everyone's concern; it is a crucial social value that must be integrated into our national security policy rather than simply balanced against it.”—Jack M. Balkin, Yale Law School

(Jack Balkin 20110221)

"Bravo Daniel Solove! In Nothing to Hide he skillfully dispels many of the myths associated with the faulty zero-sum tradeoff between privacy vs. security. In exposing the flawed logic of having to forego one interest in order to secure another, Daniel Solove has done us all a great service."— Dr. Ann Cavoukian, Information and Privacy Commissioner, Ontario, Canada (Ann Cavoukian 20110411)

"Incidents that raise questions about online security and privacy rights are a common occurrence. Books about these issues are equally plentiful, but none that I have seen addresses the issue in more detail or with greater insight than this work by Daniel Solove."—Mayer Nudell, Security Management (Mayer Nudell Security Management )

About the Author

Daniel J. Solove is John Marshall Harlan Research Professor of Law, George Washington University Law School.

Product Details

• Hardcover: 256 pages
• Publisher: Yale University Press (May 31, 2011)
• Language: English
• ISBN-10: 0300172311
• ISBN-13: 978-0300172317
• Product Dimensions: 9.4 x 6.3 x 1 inches
• Shipping Weight: 1.2 pounds (View shipping rates and policies)
• Average Customer Review: 5.0 out of 5 stars  See all reviews (5 customer reviews)
• Amazon Best Sellers Rank: #534,172 in Books (See Top 100 in Books)
  • #79 in Books > Law > Legal Theory & Systems > Science & Technology

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.

Most Helpful Customer Reviews

13 of 13 people found the following review helpful

5.0 out of 5 stars Brilliant, Illuminating, and Often Fun to Read May 23, 2011

By Frank A. Pasquale III

Format:Hardcover

It's hard to get people to care about privacy and technology. Defeatism and denial are all too common. There is a bipartisan consensus for an expanding surveillance state. Some argue that good people don't need privacy: if you've got nothing to hide, why worry about governments or businesses looking through your business? Daniel J. Solove's new book, Nothing to Hide, shatters that myth. This book reaffirms the value of privacy, shows how endangered it is, and proposes real solutions.

So why should you worry about privacy, even if you've got "nothing to hide?" First, in an era of rampant overcriminalization, it's hard to know if you really are "clean." Recall Cardinal Richelieu's famous line, "If you give me six lines written by the hand of the most honest of men, I will find something in them which will hang him." Moreover, Solove shows that the "nothing to hide" caucus misunderstands privacy as merely a problem of an individual trying to conceal something they don't want others to know. What we really should be thinking about is a process of aggregation of data, where our lives become an open book for those powerful or rich enough to demand our profiles. Solove gives the example of a person buying a book on cancer, and a few weeks later purchasing a wig. What may have once looked like a vague interest in disease now crystallizes into a relative certainty that the person has, or knows someone, with cancer. Like tiny tiles fitted into a mosaic, any particular piece of data may not say all that much. But when they are put together, they can deeply influence how a person is perceived, and ultimately, how they are treated.

Solove's most striking contribution is to show us that the dichotomy between privacy and security is often a false one. As he argues toward the end of the book,

"Those who rush to embrace new technologies [of surveillance] fail to heed what I call the "Titanic Phenomenon." The designers of the Titanic had such hubris in its being unsinkable that they didn't have enough lifeboats. While many new security proposals have great upsides, proponents are not giving adequate thought to the consequences if they fail. These consequences can prove catastrophic."

Like lifeboats, the safeguards of auditing, transparency, and accountability that Solove recommends could do a lot to make our shiny new surveillance state safer and more responsive to the people it is supposed to be protecting. A parade of new sensors may inevitably eviscerate the narrow concept of "privacy as concealment." But Solove gives us a richer concept of privacy, as a right to self-determination, dignity, due process, and a fair hearing in an increasingly automated and alienating world. He also offers a robust roadmap for preserving it. This consistently fascinating and engaging book is a must-read for anyone affected by national security debates---that is, everyone

7 of 7 people found the following review helpful

5.0 out of 5 stars A Fascinating and Illuminating Take on the Tradeoffs in National Security Debate, One Argument at a Time May 4, 2011

By D. K. Citron

Format:Hardcover|Amazon Verified Purchase

Solove has done it again: a fascinating and important work on privacy and national security that leaves no stone unturned and grips the reader with laugh-our-loud moments. Nothing to Hide highlights the stakes in our national security agenda with serious insight and deep analysis. Solove takes apart the arguments and assumptions animating current surveillance efforts, and in a story-telling style, helps us appreciate the full range of their costs and benefits. Solove gives us a set of tools to understand and critically assess emerging technologies of surveillance like the TSA body scans, fusion centers, and the like. A must read!

4 of 4 people found the following review helpful

5.0 out of 5 stars New insights from one of the keen observers of the digital age May 30, 2011

By mnomalley

Format:Hardcover

As the Patriot Act recently obtained extended life and national discussion again (this time very briefly) focused on security, we as a nation appeared prepared to accept the loss of privacy as a necessary price to pay for our safety. If you read Solove's fine work you will see that security and privacy are not mutually exclusive: there are sensible ways to have it both ways -- increased security while preserving what we have always considered to be among our basic rights, privacy. Solove influentially dispenses with superficial cocktail party arguments and shows us that there is too much at stake to too easily sacrifice a cherished value of a democratic society.