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Addressing the Harm of Total Surveillance: A Reply to Professor Neil Richards

14 Pages Posted: 27 Jun 2013  

Danielle Keats Citron

University of Maryland Francis King Carey School of Law; Yale University - Yale Information Society Project; Stanford Law School Center for Internet and Society

David C. Gray

University of Maryland Francis King Carey School of Law

Date Written: June 26, 2013

Abstract

In his insightful article, "The Dangers of Surveillance," 126 Harvard Law Review 1934 (2013), Neil Richards offers a framework for evaluating the implications of government surveillance programs that is centered on protecting "intellectual privacy." Although we share his interest in recognizing and protecting privacy as a condition of personal and intellectual development, we worry in this essay that, as an organizing principle for policy, "intellectual privacy" is too narrow and politically fraught. Drawing on other work; we, therefore, recommend that judges, legislators, and executives focus, instead, on limiting the potential of surveillance technologies to effect programs of broad and indiscriminate surveillance.

Suggested Citation

Citron, Danielle Keats and Gray, David C., Addressing the Harm of Total Surveillance: A Reply to Professor Neil Richards (June 26, 2013). Harvard Law Review Forum, Vol. 126, p. 262, 2013; U of Maryland Legal Studies Research Paper No. 2013-32. Available at SSRN: https://ssrn.com/abstract=2285775

Danielle Keats Citron (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

Yale University - Yale Information Society Project

127 Wall Street
New Haven, CT 06511
United States

Stanford Law School Center for Internet and Society

Palo Alto, CA
United States

David C. Gray

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

HOME PAGE: http://www.law.umaryland.edu/faculty/profiles/faculty.html?facultynum=598

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