Unpopular privacy what must we hide 1st Edition by Anita Allen – Ebook PDF Instant Download/Delivery: 978-0195141375, 0195141377
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Product details:
ISBN 10: 0195141377
ISBN 13: 978-0195141375
Author: Anita Allen
Can the government stick us with privacy we don’t want? It can, it does, and according to Anita L. Allen, it may need to do more of it. Privacy is a foundational good, Allen 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 privacy protections for its people, whether they eagerly embrace them or not. This unique book draws attention to privacies of seclusion, concealment, confidentiality and data-protection undervalued by their intended beneficiaries and targets–and outlines the best reasons for imposing them. Allen looks at laws designed to keep website operators from collecting personal information, laws that force strippers to wear thongs, 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. She shows that such laws recognize the extraordinary importance of dignity, trust and reputation, helping to preserve social, economic and political options throughout a lifetime.
Table of contents:
Part I: Normative Foundations
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Privacies Not Wanted
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Everyday Meanings of Privacy
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Privacy Law
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Are Paternalistic Privacy Policies Justifiable?
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A Right to Waive Privacy Protection?
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Why Impose Unpopular Privacy?
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Feminist Skepticism
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Libertarian Skepticism
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The Context
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Neglected Rights, Forgotten Duties
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Opportunity Imperative or Experience Imperative?
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Justification and Practical Limits
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Constraining State Domination
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Conclusion
Part II: Physical Privacies: Seclusion and Concealment
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Seclusion
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Solitude
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Getting Away, Hiding Out
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Stuck at Home: Flaneur and Hausfrau
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Sanctuary
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Interrupted: Do Not Call
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Put Away: Imprisonment
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Shut Away: Quarantine
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Conclusion
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Modesty
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Muslims in America
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The Hijab in France
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Undressing Women or Addressing Social Problems?
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The Niqab in America
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Modesty, the Analysis
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General Modesty
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Bodily (and Sexual) Modesty
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Modesty Rights
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Religious Freedom
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Individuality
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Uniformity and Public Service
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A Peculiar Modesty Bias in US Law
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A “Compelling State Interest”
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Conclusion
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Nudity
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The Barnes Case: Legal Moralism
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City of Erie: The Harm Principle
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Canadian Cases
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R. v. Tremblay: Community Tolerance
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R. v. Mara: Look, Don’t Touch
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Modesty on the Run
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Conditions of Work
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Mutual Disrespect
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Conclusion
Part III: Information Privacies: Confidentiality and Data Protection
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Confidentiality
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The Practice of Confidentiality
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Relationships and Occupations
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Documents, Records, Spaces
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Overlapping and Conflicting Directives
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Law, Coercion, and Justice
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Lawmaking as Practical Compromise
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Sanction and Deterrence
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The Right to Say What You Know
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Paid-for Silence
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Flourishing in a Free Society
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Confidentiality in Context
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Healthcare
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Laws Mandating Health Privacy
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Mental Health
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Waiver
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Exception
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Conclusion
6. Racial Privacy
67. What Is Sensitive Data?
68. A Missing Jurisprudence
69. An Unpopular Referendum
70. Recognition in the Courtroom
71. Profiling in New Hampshire
72. Lessons from Georgia
73. Politics and Race in Illinois
74. Racial Privacy Outweighed
75. Ambivalence and Paradox
76. Secrets and Sensitivities
77. Persecution
78. Political Liberalism: The Question of Impartiality
79. Private Association and Civil Rights
80. Conclusion
7. The Electronic Data Give-Away
81. The Federal Privacy Statutes
82. Many Statutes, Inadequate Protection?
83. Practical Obscurity: A Swan Song After the Web
84. Give Away, Take Away
85. Lifelogs: Remembering Everything
86. Conclusion: Caring About Not Caring About Privacy
8. Popular Paternalism
87. Paternalistic Mandates
88. A Job for the Nanny State
89. The Children’s Internet Privacy Law
90. Fair Information Practices
91. A Law in Action
Why Age Thirteen?
Is the Paternalism Justified?
Do Young Adults Need Paternalistic Laws, Too?
Afterword
Notes
Index
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