The Fight to Frame Privacy

24 Pages Posted: 13 Apr 2013  

Woodrow Hartzog

Samford University - Cumberland School of Law; Stanford Law School Center for Internet and Society

Date Written: April 10, 2013

Abstract

The resolution of a debate often hinges on how the problem being debated is presented. In psychology and related disciplines, this method of issue presentation is known as framing. Framing theory holds that even small changes in the presentation of an issue or event can produce significant changes of opinion. Framing has become increasingly important in discussions about privacy and security. In his new book, "Nothing to Hide: The False Tradeoff Between Privacy and Security," Daniel Solove argues that if we continue to view privacy and security as diametrically opposed to each other, privacy will always lose. Solove argues that the predetermined abandonment of privacy in security-related disputes means that the structure of the privacy-security debate is inherently flawed. This Review describes Solove’s polemic as a strong and needed collection of frames that counterbalances the “nothing to hide” argument and other security-biased refrains so often used in privacy disputes. It also suggests additional frames that could contour this debate, including confidentiality, obscurity, and the commonalities between privacy and security.

Keywords: privacy, security, confidentiality, Fourth Amendment

Suggested Citation

Hartzog, Woodrow, The Fight to Frame Privacy (April 10, 2013). Michigan Law Review, Vol. 111, No. 6, p. 1021, 2013. Available at SSRN: https://ssrn.com/abstract=2248236

Woodrow Hartzog (Contact Author)

Samford University - Cumberland School of Law ( email )

800 Lakeshore Dr.
Birmingham, AL 35229
United States

HOME PAGE: http://cumberland.samford.edu/faculty/woodrow-n-hartzog

Stanford Law School Center for Internet and Society ( email )

Palo Alto, CA
United States

HOME PAGE: http://cyberlaw.stanford.edu/profile/woodrow-hartzog

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