Unpopular privacy : what must we hide?
著者
書誌事項
Unpopular privacy : what must we hide?
（Studies in feminist philosophy）
Oxford University Press, c2011
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Includes index
内容説明・目次
内容説明
Can the government stick us with privacy we don't want? It can, it does, and according to this author, may need to do more of it. Privacy is a foundational good, she argues, a necessary tool in the liberty-lover's kit for a successful life. A nation committed to personal freedom must be prepared to mandate inalienable, liberty-promoting privacies for its people, whether they eagerly embrace them or not. The eight chapters of this book are reflections on public
regulation of privacy at home; isolation and confinement for punitive and health reasons; religious modesty attire; erotic nudity; workplace and professional confidentiality; racial privacy; online transactions; social networking; and the collection, use and storage of electronic data. Most books about
privacy law focus on rules designed to protect popular forms of privacy. Popular privacy is the kind that people tend to want, believe they have a right to, and expect governments to secure. Typical North Americans and Europeans embrace privacy for home-life, telephone calls, e-mail, health records, and financial transactions. This unique book draws attention to unpopular privacy- privacies disvalued or disliked by their intended beneficiaries and targets-and the best reasons for imposing
them. Examples of unwanted physical and informational privacies with which contemporary Americans have already lived? Start with laws designed to keep website operators from collecting personal information from children under 13 without parental consent; the anti-nudity laws that force strippers to wear
pasties and thongs; the 'Don't Ask Don't Tell' rules that kept gays out of the US military; and the myriad employee and professional confidentiality rules- including insider trading laws- that require strict silence about matters whose disclosure could earn us small fortunes. Conservative and progressive liberals agree that coercion and paternalism should be the exceptions rather than the rule. Better to educate, incentivize and nudge than to force. But what if people continue to make
self-defeating bad choices? What are the exceptional circumstances that warrant coercion, and in particular, coercing privacy? When can government turn privacies into duties, especially duties of self-care? Early modern societies went wrong, imposing unequal conditions of forced modesty and confinement on
women and others groups, giving privacy and imposed privacies a bad rap. But now may be a time for imposed privacies of another sort-imposed privacies that are liberating rather than dominating. A role for coercive and paternalistic regulation may be called for in view of the Great Privacy Give-Away. The public turns over vast amounts of personal information in exchange for the ease of online shopping, browsing and social networking, protected in some instances by little more than a pro forma
privacy policy pasted on a home page. The public uploads and stores information 'in the cloud,' and have become more and more dependent upon electronic telecommunications and personal archiving exposed to public and private surveillance. Have they lost the taste for privacy? Do they fail to understand
the implications of what is happening? This book offers insight into the ethical and political underpinnings of public policies mandating privacies that people may be indifferent to or despise. Privacy institutions and practices play a role in sustaining the capable free-agents presupposed by liberal democracy. Physical sanctuaries and data protection by law confers and preserve opportunities for making and acting on choices. Imposing privacy recognizes the extraordinary importance of dignity,
reputation, confidential relationships, and preserving social, economic and political options throughout a lifetime.
目次
Preface
Introduction
Chapter 1: Privacies Not Wanted
1. Everyday Meanings of Privacy
2. Privacy Law
3. Are Paternalistic Privacy Policies Justified?
4. Should there be a Right to Waive Privacy Protection?
5. When and why Impose Unpopular Privacy
6. Feminist Skepticism
7. Libertarian Skepticism
8. The Context
9. Neglected Rights, Forgotten Duties
10. Opportunity Imperative or Experience Imperative?
11. Justification and Practical Limits
12. Constraining State Domination
13. Conclusion
Part I: Physical Privacies--Place and Body
Chapter 2: Isolation and Confinement
1. Solitude
2. Getting Away, Hiding Away
3. Stuck at Home: Flaneur and Hausfrau
4. Sanctuary
5. Interrupted: Do Not Call
6. Put Away: Imprisonment
7. Shut Away: Quarantine
8. Conclusion
Chapter 3: Modesty
1. The Hijab
2. Using Law against Norms, Niqab
3. Modesty, the Analysis
3.1 General Modesty
3.2 Bodily (and Sexual) Modesty
4. Modesty Rights
4.1 Religious Freedom
4.2 Individuality
4.3 Uniformity and Public Service
4.4 A Peculiar Modesty, Bias in US Law
5. Undressing Girls or Addressing Social Problems?
6. Conclusion
Chapter 4: Nudity
1. Barnes Case: Legal Moralism
2. City of Erie Case: Harm Principle
3. Canadian Cases
3.1 Tremblay: Community Tolerance
3.2 Mara: Look, Don't Touch
4. Modesty on the Run
4.1 Conditions of Work
4.2 Mutual Disrespect
5. Conclusion
Part II: Information Privacies
Chapter 5: Confidentiality
1. The Practice of Confidentiality
1.1 Relationships and Occupations
1.2 Documents, Records, Spaces
1.3 Overlapping and Conflicting Directives
2. Law, Coercion and Justice
2.1 Law-making as Practical Compromise
2.2 Sanction and Deterrence
3. The Right to Say What You Know
4. Paid for Silence
5. Flourishing in a Free Society
6. Confidentiality in Context
7. Health Care
7.1 Laws Mandating Health Privacy
7.2 Mental Health
7.3 Waiver
7.4 Exception
8. Conclusion
Chapter 6: Racial Privacy
1. What is "Sensitive Data"?
2. A Missing Jurisprudence
2.1 An Unpopular Referendum
2.2 Recognition in the Courtroom
2.3 Profiling in New Hampshire
2.4 Lessons from Georgia
2.5 Politics and Race in Illinois
2.6 Racial Privacy Outweighed
3. Ambivalence and Paradox
4. Secrets and Sensitivities
5. Persecution
6. Political Liberalism: The Question of Impartiality
7. Private Association and Civil Rights
8. Conclusion
Chapter 7: The Privacy Give-Away
1. The Federal Privacy Statutes
2. Many Statutes, Inadequate Protection
3. Practical Obscurity: A Swam Song After the Web
4. Give Away, Take Away
5. Life Logs
6. Conclusion: Caring About Not Caring About Privacy
Chapter 8: Popular Paternalism
1. Paternalistic Mandates
2. A Job for the Nanny State
3. The Children's Internet Privacy Law
4. Fair Information Practices
5. A Law in Action
6. Why Age 13?
7. Is the Paternalism Justified?
8. Do Young Adults Need Paternalistic Laws, Too?
Afterword
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