Intellectual Privacy: Rethinking Civil Liberties in the Digital Age

Oxford University Press (2015)

17 Pages Posted: 25 Jan 2015  

Neil M. Richards

Washington University in Saint Louis - School of Law; Yale Information Society Project; Stanford Center for Internet and Society

Date Written: January 22, 2015

Abstract

Most people believe that privacy and free speech are always at odds. People all over the world have struggled with how to reconcile the problems of media gossip with our commitment to free and open public debate for over a century. The rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, where offensive and hurtful speech about others is rife.

How should we think about the problems of privacy and free speech? In Intellectual Privacy, Neil Richards offers a different solution, one that ensures that our ideas and values keep pace with our technologies. Because of the importance of free speech to free and open societies, he argues that when privacy and free speech truly conflict, free speech should almost always win. Only when disclosures of truly horrible information are made (such as sex tapes) should privacy be able to trump our commitment to free expression.

But in sharp contrast to conventional wisdom, Richards argues that speech and privacy are only rarely in conflict. Richards shows how privacy and free speech are often essential to each other. He explains the importance of 'intellectual privacy,' protection from surveillance or interference when we are engaged in the processes of generating ideas - thinking, reading, and speaking with confidantes before our ideas are ready for public consumption. In our digital age, in which we increasingly communicate, read, and think with the help of technologies that track us, increased protection for intellectual privacy has become an imperative. What we must do, then, is to worry less about barring tabloid gossip, and worry much more about corporate and government surveillance into the minds, conversations, reading habits, and political beliefs of ordinary people.

Notes: A timely and provocative book on a subject that affects us all, Intellectual Privacy will radically reshape the debate about privacy and free speech in our digital age.

Note: Downloadable document is Introduction only.

Keywords: intellectual privacy, privacy, free speech, First Amendment, technology, internet, surveillance, revenge porn

Suggested Citation

Richards, Neil M., Intellectual Privacy: Rethinking Civil Liberties in the Digital Age (January 22, 2015). Oxford University Press (2015). Available at SSRN: https://ssrn.com/abstract=2554196

Neil M. Richards (Contact Author)

Washington University in Saint Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States

Yale Information Society Project ( email )

New Haven, CT 06520
United States

Stanford Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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