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Addressing the Harm of Total Surveillance: a Reply to Professor Neil Richards
Faculty Scholarship
  • Danielle Keats Citron, University of Maryland Francis King Carey School of Law
  • David C. Gray, University of Maryland Francis King Carey School of Law
Document Type
Publication Date
  • data,
  • fusion centers,
  • data mining,
  • intelligence gathering,
  • privacy

A response to "The Dangers of Surveillance," by Neil M. Richards, 126 Harvard Law Review 1934 (2013).

In his insightful article The Dangers of Surveillance, 126 HARV. L. REV. 1934 (2013), Neil Richards offers a framework for evaluating the implications of government surveillance programs that is centered on protecting "intellectual privacy." Although we share his interest in recognizing and protecting privacy as a condition of personal and intellectual development, we worry in this essay that, as an organizing principle for policy, "intellectual privacy" is too narrow and politically fraught. Drawing on other work, we therefore recommend that judges, legislators, and executives focus instead on limiting the potential of surveillance technologies to effect programs of broad and indiscriminate surveillance.
Publication Citation
126 Harvard Law Review Forum 262 (2013).
Citation Information
126 Harvard Law Review Forum 262 (2013).