In this essay, i will explore the nothing to hide argument and its variants in more depth. Others argue that we must sacrifice privacy for security. The parts are how we should assess and balance the values of. The false tradeoff between privacy and security, chapter 1, yale university press, 2011 gwu law school public law research paper no. Daniel solove debate between privacy and security youtube.
They are based on mistaken views about what it means to protect privacy and the costs and benefits of doing so. Daniel solove, a law professor at george washington university, has, in effect, offered an ontological, indeed anselmian, argument for privacy. The false tradeoff between privacy and security by daniel j. Solove is john marshall harlan research professor of law, george washington university law school. Why we fail at data security and how to fix it with woodrow hartzog oxford university press under contract nothing to hide. The false tradeoff between privacy and security scholarly. Ive got nothing to hide and other misunderstandings of privacy by. Nothing to hide makes a powerful and compelling case for reaching a better balance between privacy and security and reveals why doing so is essential to protect our freedom and democracy. Solove curriculum vitae 2 publications books breached. The nothingtohide argument my essays 10th anniversary. Daniel solove s critique of the nothing to hide argument mirror, 2007 blog post, ssrn paper, which is so often brought up. To evaluate the nothingtohide argument, we should begin by looking at how its adherents understand privacy.
He is well known for his academic work on privacy and for popular books on how privacy relates with information technology solove wrote three books about privacy that had been published from 2004 to 2008. Ive got nothing to hide and other misunderstandings of privacy. Solove is mentioned in the new york times magazine about his scholarship on privacy and power. When asked about government surveillance and data mining, many people respond by declaring. In this essay, solove critiques the nothing to hide argument and exposes its faulty underpinnings.
Improve yourself, find your inspiration, share with friends. If youve got nothing to hide, many people say, you shouldnt worry about government surveillance. Solove is an internationallyknown expert in privacy law. Privacy and the nothing to hide argument schneier on. This book part is brought to you for free and open access by the faculty scholarship at. Summary of daniel solove the nothing to hide argument. In nothing to hide he skillfully dispels many of the myths associated with the faulty zerosum tradeoff between privacy vs. The false tradeoff between privacy and security, chapter 1, yale university press, 2011. Daniel solove john marshall harlan research professor of. The false tradeoff between privacy and security yale university press 2011 translations into korean and japanese understanding privacy harvard university press. In the end, the nothing to hide argument has nothing to say. Grappling with the nothing to hide argument is important, because the argument reflects the sentiments of a wide percentage of the population.
Solove begins to build his argument with different sources that he has found intriguing and starts to add his own personal. Request pdf ive got nothing to hide and other misunderstandings of privacy. You talk about something called the allor nothing fallacy. There are compelling reasons why we should protect privacy even when someone claims they have nothing to hide. In this essay, solove critiques the nothing to hide argument and exposes its. They are based on mistaken views about what it means to. Ive got nothing to hide and other misunderstandings of. Solove gives us a richer concept of privacy, as a right to selfdetermination, dignity, due process, and a fair hearing in an increasingly automated. George washington university law professor daniel solove tells steve paikin why the nothing to hide argument is a false tradeoff between. Finally, solove reiterates the difficulty with the nothing to hide argument because most privacy problems lack dead bodies solove 768, meaning that people tend to focus on issues that viscerally and physically affect them while data mining, and privacy intrusion is.
Nothing to hide the false tradeoff between privacy. Despite the refrain that privacy is nothing to worry about for those who have nothing to hide solove 2007, localized individual harms from unwanted location disclosure rise with increased data. In exposing the flawed logic of having to forego one interest in order to secure another, daniel solove has done us all a great service. See the complete profile on linkedin and discover daniel s. The false tradeoff between privacy and security yale university press, 2011. And the nothing to hide argument assumes that the government will make the right judgment based on your data. Later on, in 20, edward snowden revealed that the nsa was engaging in. When the government gathers or analyzes personal information. The main issue in this article is deciding whether society should have privacy or not. In popular discourse, the nothing to hide arguments superficial incantations can readily be refuted. Solove s profile, publications, research topics, and coauthors.
But when the argument is made in its strongest form, it is far more formidable. Solove s the nothing to hide argument, an article discussing why society has privacy when there is nothing to hide. In order to respond to the nothing to hide argument, it is imperative that we have a theory about what privacy is and why it is valuable. The skin in the game heuristic for protection against tail events by constantine sandis oxford brooks and nassim nicholas taleb nyupoly. He is one of the worlds leading experts in information privacy law and is well known for his academic work on privacy and for popular books on how privacy relates with information technology. Why privacy matters even if you have nothing to hide. Solove s argumentative appeal daniel solove writes in his article that the nothing to hide argument is a terrible argument, because privacy is important to everyone and everyone has something to hide. Throughout the introduction of this excerpt, solove focuses on building his intrinsic ethos and creates an ethical appeal to the audience. Solove argues in this important book, these arguments and many others are flawed.
A significant percentage of the public supported the nsa surveillance, and the nothing to hide argument was trotted out again and again. Nothing to hide is a super fantastic, easy to read book about the argument between whether safetysecurity or privacy should be held in higher regard within society. Why we need new regulations to protect us from companies like equifax september 29, 2017. When the nothing to hide argument is unpacked, and its underlying assumptions examined and challenged, we can see how it shifts the debate to its terms, then draws power from its unfair advantage. Solove writes that if you break the argument down to its core the argument means nothing. The false tradeoff between privacy and security, chapter 1, yale university press, 2011, gwu law school public law research paper no. This book part is brought to you for free and open access by the faculty scholarship at scholarly commons. This post includes developments from the first part of 2015. Nearly every law or policy involving privacy depends upon a particular understanding of what privacy is. The book examines the laws, government agencies and social concerns of the argument. Among other works, he authored the future of reputation. However, it stems from certain faulty assumptions about privacy and its value. Subscribe today when the government gathers or analyzes personal information, many people say theyre not worried. Solove, john marshall harlan research professor of law, george washington university of law school discusses the debate between privacy and securit.
Solove may 15, 2011 premium content for subscribers. View daniel solove s profile on linkedin, the worlds largest professional community. The nothing to hide argument and its variants are quite prevalent, and thus are worth addressing. This post is part of a post series where we round up some of the interesting news and resources were finding.
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