Everybody Knows: Snowden’s NSA Leaks, Metadata and Privacy Implications For Australia

82 Pages Posted: 17 Jul 2019

See all articles by Genna Churches

Genna Churches

University of New South Wales (UNSW), Faculty of Law

Date Written: January 15, 2013

Abstract

In 1890, lawyers Warren and Brandeis, wrote an influential paper discussing the support within the common-law for a right to privacy. They considered the many similar protections already afforded by the torts of libel, slander and defamation and their homogenous support of a tort of privacy. They believed the press was overstepping the ‘bounds of proprietary and decency’, dealing in a prurient trade of gossip, stepping so low as to portray ‘details of sexual relations’.

Privacy has not attained the great heights which Warren and Brandeis envisaged — instead the media is hacking phones, corporations are collecting masses of metadata and governmental spy agencies have been accessing and retaining metadata and communications of ordinary citizens the world over.

Keywords: Metadata, Australia, Right to be let alone

Suggested Citation

Churches, Genna, Everybody Knows: Snowden’s NSA Leaks, Metadata and Privacy Implications For Australia (January 15, 2013). Available at SSRN: https://ssrn.com/abstract=3419937 or http://dx.doi.org/10.2139/ssrn.3419937

Genna Churches (Contact Author)

University of New South Wales (UNSW), Faculty of Law ( email )

Sydney
Australia

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