Oberman, Irina, Harvard Journal of Law & Public Policy
In a networked world where each of us is constantly tethered to--and more often than not tracked by--the technology we interact with on a daily basis, concerns regarding privacy, security, and human dignity rise to the forefront of the legal challenges of the modern era. Analogies to physical searches and traditional property rights may soon become archaic as courts consider what constitutes a reasonable expectation of privacy or an unconstitutional search in light of the current technological landscape. What remains to be seen is how courts and policymakers will strike a balance between the privacy and dignity interests of individuals, and the government's need to invade that sphere in the pursuit of security. As this brave new world begins to emerge, the Journal asked several legal scholars to examine the role of law as it pertains to "Privacy, Security, and Human Dignity in the Digital Age."
Professor Orin Kerr opens the issue with a Foreword outlining just a few of the problems changing technology presents to lawmakers and courts. Mr. Adam Thierer contends that there may never be a widely accepted coherent legal standard for privacy rights given the inherent subjectivity of the term and considers the many enforcement challenges that policymakers too often ignore in seeking to address privacy concerns. Next, Professor John Villasenor provides a timely overview of the privacy concerns posed by the increased use of unmanned aircraft systems, more commonly known as drones. Next, Professor Robert D. Richards explores challenges to privacy in the realm of social networking, the effectiveness of current legal protections, and possibilities for changing current privacy law regime to address privacy issues in cyberspace. Professor Ric Simmons follows with an economic analysis of proposals to increase the productivity of the Fourth Amendment and minimize its intrusion on privacy rights. Then, Professor Marc Rotenberg and Mr. David Jacobs offer an overview of European Union privacy law and its possible lessons for the restructuring of U.S. privacy law. Finally, Professor Francis X. Shen offers a novel overview of neurolaw and mental privacy and considers how the law should treat different types of government-compelled neuroimaging evidence and other neuroscience evidence, including lie detection and mind reading.
To round out the issue, we bring you two Articles on timely and important legal topics. …