Centre for Communication Governance at NLU delhi
Right to Privacy and the Internet

Daniel Solove, A Taxonomy of Privacy (154 University of Pennsylvania Law Review 477, 2006)

The author argues that privacy is a concept in disarray and nobody can articulate what it means. Privacy is far too vague a concept to guide adjudication and lawmaking, as abstract incantations of the importance of privacy do not fare well when pitted against more concretely-stated countervailing interests. This article develops a taxonomy to identify privacy problems in a comprehensive and concrete manner. It endeavors to guide the law toward a more coherent understanding of privacy and to serve as a framework for the future development of the field of privacy law.

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Helen Nissenbaum, Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford University Press, 2010)

The book can be purchased from the Stanford University Press website. 

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Seth F. Kreimer, Censorship by Proxy: The First Amendment, Internet Intermediaries and the Problem of the Weakest Link (155 University of Pennsylvania Law Review 11, 2006)

The author emphasizes the dangers to free expression that are likely to arise from attempts to target weak links in the chain of Internet communications and casts doubt on the claim that market mechanisms can be relied upon to dispel them. He then proceeds to explore the doctrinal resources that can meet those dangers.

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James Grimmelmann, Saving Facebook (94 Iowa Law Review 1137, 2009).

This article provides the first comprehensive analysis of the law and policy of privacy on social network sites, using Facebook as its principal example. It explains how Facebook users socialize on the site, why they misunderstand the risks involved, and how their privacy suffers as a result. Facebook offers a socially compelling platform that also facilitates peer-to-peer privacy violations: users harming each others' privacy interests. These two facts are inextricably linked; people use Facebook with the goal of sharing some information about themselves. Policymakers cannot make Facebook completely safe, but they can help people use it safely.

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Omer Tene, What Google knows: Privacy and Internet Search Engines (4 Utah Law Review 1433, 2008)

The article can be downloaded from SSRN. 

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Abraham L. Newman, Protectors of Privacy: Regulating Personal Data in the Global Economy (Cornell University Press, 2008).

In Protectors of Privacy, Abraham L. Newman details how and why, in contrast to the United States, the nations of the European Union adopted comprehensive data privacy for both the public and the private sectors, enforceable by independent regulatory agencies known as data privacy authorities. Despite U.S. prominence in data technology, Newman shows, the strict privacy rules of the European Union have been adopted far more broadly across the globe than the self-regulatory approach championed by the United States. This rift has led to a series of trade and security disputes between the United States and the European Union.

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Frederick Schauer, Internet Privacy and the Public-Private Distinction (38 Jurimetrics Journal 555, 1998).

The paper can be downloaded from SSRN.

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Felix T. Wu, Defining Privacy and Utility in Data Sets (84 University of Colorado Law Review, 2013).

The article can be accessed from the Journal's official website. 

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