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A New Theory of Privacy.
- Format:
- Book
- Author/Creator:
- Ward, James.
- Language:
- English
- Physical Description:
- 1 online resource (312 pages)
- Edition:
- 1st ed.
- Place of Publication:
- Bradford : Ethics International Press Limited, 2025.
- Summary:
- This book explores the commoditization of privacy and its evolution from a fundamental human right to a transactional, market-oriented concept. Exploring legal and political history in the United States as a background, it discusses how, even in the age of privacy regulation (GDPR, CCPA etc), there has been little change. To counter this, the author offers a novel tripartite approach that divides privacy into personal, social, and environmental spheres, offering a comprehensive framework for contemporary challenges like surveillance capitalism. The book is interdisciplinary in methodology and approach, combining historical, legal, and philosophical analysis, paired with empirical studies. It is important reading for policymakers, legal practitioners, and academics in privacy law and digital governance.
- Contents:
- Intro
- Chapter One
- Background
- Introduction
- Research Questions and Research Structure
- Theoretical Background
- Rationalization, Juridification, and the Sociology of Law
- What the Law Says and What the Law Does
- Structure, Scope, and Limitations
- Outline
- Scope and Limitations
- Literature Review
- Origins of Information Capitalism
- Behaviorism, Science and Technology Studies, and Other Analytic Approaches
- Legal Theories at Play
- The Contours of Consumer Law
- Who Watches the Watchers?
- The Framework Around Privacy as a Right
- Additional Legal Frameworks
- Interconnectedness in Privacy
- Research Design
- Natural Language Understanding/Processing
- Chapter Two
- The Emergence of Market-Based Privacy
- From Fundamental Right to Dead Letter
- Historical Precedent
- The Emergence of Sexual Privacy
- The Continued "Constitutionalization" of Privacy
- Technological Advances
- Legislative Stasis
- Transactional Privacy as Forerunner of the Market Approach
- The Emergence of Transactional Privacy
- Legal Responses to the Erosion of Locational Privacy
- The Failure of Proposed Alternatives to Take Root
- Pas de difference - European Privacy Law Since 1996
- Calls for a New Approach
- Comparing Privacy and Environmental Law
- The Concurrent Rise of Environmental Law
- Protection of Spaces, But Genuinely This Time
- Statutory Developments
- Correspondences between Environmental Law and Privacy Law
- Summation
- Chapter Three
- Examining the State Laws
- Privacy as Tort
- The Emergence of State Constitutional Privacy Rights
- Key State Court Decisions Interpreting Privacy Rights
- The Limit and Scope of State Privacy Laws
- Unadaptability to Changing Technology
- California: A Unique Approach to Privacy Protection
- Choosing California as the Locus for Empirical Analysis.
- Constitutional and Statutory Developments in California
- Network Analysis and Data Evaluation
- Methodology
- SNA Findings and Insights: A Flat Earth Topology and Repetitive Structure
- Further Analytics
- Latent Dirichlet Allocation (LDA) and Keyword Analysis
- Interpreting the LDA and Keyword Analysis Results
- Citation Network Analysis: Mapping the Evolution of Privacy Doctrine
- Implementing Network Centrality Measures
- Network Centrality Measures:
- Expectations and Revised Views
- Early Promise
- A Revolution Halted
- Ongoing Retrenchment
- Privacy Trapped
- Summary of Results
- Chapter Four
- Towards a New Theory of Privacy
- Privacy as Places
- An Ontology of Legal Places
- All Legal Places are Fictional
- The Tripartite Approach
- Privacy as a Personal Sphere
- Privacy as a Social Sphere
- Privacy as an Environmental Sphere
- A Theoretical and Practical Evaluation
- The Utility of the Concept and Theory
- Critiques and Application
- Exploring the Practical Effects of the Tripartite Approach
- A Deeper Examination - Comparison with Current Antitrust Laws
- A Comparison: Price vs. Autonomy
- A Comparison: Data as Property v. Data as Contextualized Personhood
- Implementation Considerations
- Chapter Five
- Why A New Approach Matters
- The Limitations of Current Frameworks
- The Emergence of a Potential Solution
- The Harms of the Current System
- Implications of the Tripartite Approach
- Theoretical Implications
- Bridging the gap between privacy theory and practice
- Advancing the field of privacy law and policy
- Practical Implications
- Enhancing individual privacy rights and protections
- Providing more robust safeguards against privacy violations and abuses
- Promoting responsible data practices and ethical innovation
- Strengthening democratic governance and the rule of law.
- Current Privacy Risks and the Alternative Future
- Overall Impact Assessment
- The Way Forward: A Call to Action
- The increasing risks and harms associated with privacy violations and abuses.
- The need for proactive and preventative approaches to privacy protection
- The importance of collaboration and collective action
- Shared Responsibility for Promoting Privacy
- The Potential for Global Cooperation and Harmonization
- The Promise and Potential of the Tripartite Approach
- Chapter Six
- The Importance of Privacy Today
- Possibilities for the Future
- The Contribution to the Field of Privacy Law and Policy
- The Implications for Individuals, Organizations, and Society
- Shaping the Law
- Closing Considerations
- Works Cited And Reviewed.
- Notes:
- Description based on publisher supplied metadata and other sources.
- ISBN:
- 1-83711-227-4
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