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In December 2013 one federal court took the narrow approach, relying on the precedent in Smith v. Maryland that people do not have an expectation of privacy for their phone number or related information. Another court, however, said that the mass collection of such data was likely to be unconstitutional. Does a practice that might be innocuous when applied to just a few people become problematic when records are scooped up by the millions? Often if an issue is important enough and lower courts disagree, the Supreme Court eventually decides the case.

Further, Solove argues that “privacy has a social value. When the law protects the individual, it does so not just for the individual’s sake but for the sake of society. Privacy thus shouldn’t be weighed as an individual right against the greater social good. ”56 These views suggest that a proposed surveillance program should be looked at using a broad definition of security that includes the effects of the surveillance on people’s confidence in online services and the ability of people and companies to carry on their lawful business online.

Individuals can also obtain software to encrypt the contents of their hard drives. The “Privacy has a social encryption and other security of popular value. When the law cloud data-storage services can also be protects the individual, investigated. ” and other online transactions—but none —Law professor Daniel J. Solove. of these methods is perfect. Unless one goes off the grid and lives a hermit-like existence, there are limits to what an individual can do to preserve privacy. Reframing the Issue Perhaps, though, posing each issue as privacy versus security may be the wrong way to look at things.

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Online Privacy and Government by Harry Henderson


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