A Cyber Age Privacy Doctrine: More Coherent, Less Subjective, and Operational
47 Pages Posted: 7 Oct 2014 Last revised: 22 Oct 2015
Date Written: October 6, 2014
In a previous paper, I outlined a privacy doctrine — a cyber age privacy doctrine, or a CAPD — that seeks to account for important differences between the paper age and the digital one. This paper attempts to show that the CAPD provides a coherent normative doctrine that can be employed by the courts and legislatures and that is more systematic, less subjective, and at least as operational as the prevailing privacy doctrines. It deals with the right to privacy vis-à-vis the United States government rather than as a protection from intrusions by private actors such as corporations. Part I summarizes and develops the previously-published doctrine. Part II compares the coherence and objectivity of the CAPD to those of other doctrines and indicates the ways the CAPD can be operationalized.
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