PDF book library free download

Balancing Privacy And Free Speech

Balancing Privacy and Free Speech PDF
Author: Mark Tunick
Publisher: Routledge
ISBN: 1317650360
Size: 60.23 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 222
View: 4283

Get Book


In an age of smartphones, Facebook and YouTube, privacy may seem to be a norm of the past. This book addresses ethical and legal questions that arise when media technologies are used to give individuals unwanted attention. Drawing from a broad range of cases within the US, UK, Australia, Europe, and elsewhere, Mark Tunick asks whether privacy interests can ever be weightier than society’s interest in free speech and access to information. Taking a comparative and interdisciplinary approach, and drawing on the work of political theorist Jeremy Waldron concerning toleration, the book argues that we can still have a legitimate interest in controlling the extent to which information about us is disseminated. The book begins by exploring why privacy and free speech are valuable, before developing a framework for weighing these conflicting values. By taking up key cases in the US and Europe, and the debate about a ‘right to be forgotten’, Tunick discusses the potential costs of limiting free speech, and points to legal remedies and other ways to develop new social attitudes to privacy in an age of instant information sharing. This book will be of great interest to students of privacy law, legal ethics, internet governance and media law in general.

Balancing Privacy And Free Speech

Balancing Privacy and Free Speech PDF
Author: Katherine Laura Thompson
Publisher:
ISBN:
Size: 49.21 MB
Format: PDF
Category : Freedom of speech
Languages : en
Pages : 131
View: 2724

Get Book


Abstract:This thesis explores the legal protection of private information in English law. In light of the developing ECtHR case law in this area, the thesis considers whether the protection currently achieved in domestic law does now reach the level of protection offered at Strasbourg. But, bearing in mind the influence of the margin of appreciation doctrine, the thesis will go on to ask whether the domestic level of protection aligns to an acceptable extent with the level of protection that the justifications underpinning the concept of informational privacy would demand. Finally, if disparity between the Strasbourg and domestic levels of privacy protection is found, the thesis will question why the instruments of the HRA (particularly sections 2 and 6) have not been utilised by English courts to afford greater protection to informational autonomy, based on current understandings of their operation. It is argued that while the re-balancing of privacy and free speech at Strasbourg may have resulted in an acceptable degree of alignment between the levels of privacy protection achieved by the Strasbourg and domestic courts, a significant gulf remains between the way in which the balance between privacy and free speech is struck by English courts and the balance demanded by the justifications underpinning the concept of informational autonomy.

Balancing Privacy And Innovation

Balancing Privacy and Innovation PDF
Author: United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Manufacturing, and Trade
Publisher:
ISBN:
Size: 15.67 MB
Format: PDF
Category : Computer security
Languages : en
Pages : 267
View: 1202

Get Book



Human Rights And Private Law

Human Rights and Private Law PDF
Author: Katja S Ziegler
Publisher: Bloomsbury Publishing
ISBN: 1847317022
Size: 12.31 MB
Format: PDF
Category : Political Science
Languages : en
Pages : 242
View: 970

Get Book


Privacy today is much debated as an individual's right against real or feared intrusions by the state, as exemplified by proposed identity cards and surveillance measures in the United Kingdom. In contrast, invasions of privacy by private individuals or bodies tend to arouse less concern. This book attempts to fill the gap by looking at the horizontal application of human rights after Douglas v Hello, Campbell v MGN and Caroline von Hannover v Germany. It provides a conceptual and theoretical framework and also considers specific particularly sensitive areas of law relating to privacy protection, such as intellectual property, employment and media law. It provides comparative perspectives by relating Article 8 of the European Convention on Human Rights, which serves as a focal point, to UK, Dutch, German and European Communities law. Several common threads are revealed running across jurisdictions and different areas of law and aspects of privacy. The most notable is the definition of privacy in terms of the autonomy of the individual, a notion associated with the liberal state in the classic sense but now acquiring more content as a human right also linked to ideas of social justice.

Privacy And Power

Privacy and Power PDF
Author: Russell A. Miller
Publisher: Cambridge University Press
ISBN: 1108211070
Size: 22.17 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages :
View: 2236

Get Book


Edward Snowden's leaks exposed fundamental differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering. Featuring commentary from leading commentators, scholars and practitioners from both sides of the Atlantic, the book documents and explains these differences, summarized in these terms: Europeans should 'grow up' and Americans should 'obey the law'. The book starts with a collection of chapters acknowledging that Snowden's revelations require us to rethink prevailing theories concerning privacy and intelligence gathering, explaining the differences and uncertainty regarding those aspects. An impressive range of experts reflect on the law and policy of the NSA-Affair, documenting its fundamentally transnational dimension, which is the real location of the transatlantic dialogue on privacy and intelligence gathering. The conclusive chapters explain the dramatic transatlantic differences that emerged from the NSA-Affair with a collection of comparative cultural commentary.

Texting Suicide And The Law

Texting  Suicide  and the Law PDF
Author: Mark Tunick
Publisher: Routledge
ISBN: 0429516126
Size: 34.32 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 116
View: 4342

Get Book


In 2014, Conrad Roy committed suicide following encouragement from his long-distance girlfriend, Michelle Carter, in what has become known as the Texting Suicide case. The case has attracted much attention, largely focusing on the First Amendment free speech issue. This book takes the view that the issue is intertwined with several others, some of which have received less attention but help explain why the case is so captivating and important, issues concerning privacy, accountability, coercion, punishment, and assisted suicide. The focus here is on how all of these issues are interconnected. By breaking the issue down into its complex layers, the work aids reasoned judgment, ensuring we aren’t guided solely by our gut reactions. The book is laid out as a case against punishing Ms. Carter, but it is less important that we agree with that conclusion than that we reach our conclusions not just through our instincts and intuitions but by thinking about these fundamental issues. The work will be of interest to scholars in law, political theory, and philosophy as an example of how theoretical issues apply to particular controversies. It will also appeal to readers interested in freedom of speech and the First Amendment, criminal justice and theories of punishment, suicide laws, and privacy.

Copyright And Information Privacy

Copyright and Information Privacy PDF
Author: Federica Giovanella
Publisher: Edward Elgar Publishing
ISBN: 1785369369
Size: 17.67 MB
Format: PDF, Mobi
Category :
Languages : en
Pages : 360
View: 6133

Get Book


Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.

Free Speech And Censorship Examining The Facts

Free Speech and Censorship  Examining the Facts PDF
Author: Harold L. Pohlman
Publisher: ABC-CLIO
ISBN: 1440861803
Size: 34.51 MB
Format: PDF, ePub
Category : Political Science
Languages : en
Pages : 214
View: 642

Get Book


This book provides a comprehensive and impartial overview of laws and norms regarding free speech and censorship in the United States, with a particular focus on free speech rights and restrictions for individuals, politicians, corporations, and news organizations. • Features an easy-to-navigate question-and-answer format • Accessibly explains key court decisions governing the parameters of free speech rights and government censorship in the United States • Uses quantifiable data from respected sources as the foundation for examining every issue • Provides readers with leads to conduct further research in Further Reading sections • Examines claims made by individuals and groups of all political backgrounds and ideologies

Privacy Security And Accountability

Privacy  Security and Accountability PDF
Author: Adam D. Moore
Publisher: Rowman & Littlefield
ISBN: 1783484772
Size: 79.90 MB
Format: PDF, Mobi
Category : Philosophy
Languages : en
Pages : 270
View: 2311

Get Book


This volume analyses the moral and legal foundations of privacy, security, and accountability along with the tensions that arise between these important individual and social values.

Privacy Rights

Privacy Rights PDF
Author: Adam D. Moore
Publisher: Penn State Press
ISBN: 0271036850
Size: 56.18 MB
Format: PDF, ePub, Docs
Category : Political Science
Languages : en
Pages : 237
View: 328

Get Book


"Provides a definition and defense of individual privacy rights. Applies the proposed theory to issues including privacy versus free speech; drug testing; and national security and public accountability"--Provided by publisher.

Privacy And Media Freedom

Privacy and Media Freedom PDF
Author: Raymond Wacks
Publisher: OUP Oxford
ISBN: 0191645907
Size: 47.30 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 312
View: 3511

Get Book


Freedom of expression is a fundamental right at the heart of any democratic society. It is, however, inevitably restricted by other important values, including the right to privacy: the control individuals exercise over their sensitive personal information. The English law, since the enactment of the Human Rights Act 1998, has undergone a tectonic shift in its recognition of this right protected by Article 8 of the European Convention on Human Rights (ECHR) which the Act assimilated into domestic law. The new civil wrong, 'misuse of private information,' now affords greater protection to an individual's 'private and family life, home and correspondence.' The press is, of course, no longer the principal purveyor of news and information. The Internet offers abundant opportunities for the dissemination of news and opinions, including the publication of intimate, private facts. Social media, blogs, and other online sites are accessible to all. Indeed, the fragility of privacy online has led some to conclude that it is no longer capable of legal protection. This book examines the right of privacy from a legal, philosophical, and social perspective, tracing its genesis in the United States, through the development of the law of confidence, and its recent recognition by the Human Rights Act. The English courts have boldly sought to offer refuge from an increasingly intrusive media. Recent years have witnessed a deluge of civil suits by celebrities seeking to salvage what remains of their privacy. An extensive body of case law has appeared in many common law jurisdictions over the last decade, which shows no sign of abating. The Leveson Inquiry into the culture, practices, and ethics of the press, sparked by the hacking of telephones by newspapers, revealed a greater degree of media intrusion than was previously evident. Its conclusions and recommendations, particularly regarding the regulation of the media, are examined, as well as the various remedies available to victims of intrusion and unsolicited publicity. The law is locked in a struggle to reconcile privacy and free speech, in the face of relentless advances in technology. The manner in which courts in various jurisdictions have attempted to resolve this conflict is critically investigated, and the prospects for the protection of privacy are considered.

Intellectual Privacy

Intellectual Privacy PDF
Author: Neil Richards
Publisher: Oxford University Press, USA
ISBN: 0199946140
Size: 31.63 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 220
View: 4956

Get Book


"Neil Richards argues that when privacy and free speech truly conflict, free speech should almost always win, but contends that, contrary to conventional wisdom, speech and privacy are only rarely in conflict"--

The Court And The World

The Court and the World PDF
Author: Stephen Breyer
Publisher: Vintage
ISBN: 1101946202
Size: 67.30 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 400
View: 6135

Get Book


In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.

New Dimensions In Privacy Law

New Dimensions in Privacy Law PDF
Author: Andrew T. Kenyon
Publisher: Cambridge University Press
ISBN: 1139460498
Size: 32.68 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages :
View: 7264

Get Book


The challenges faced by privacy laws in changing technological, commercial and social environments are considered in this broad-ranging 2006 examination of privacy law. The book encompasses three overlapping areas of analysis: privacy protection under the general law; legislative measures for data protection in digital communications networks; and the influence of transnational agreements and other pressures toward harmonised privacy standards. Leading, internationally recognised authors discuss developments across these three areas in the UK, Europe, the US, APEC (Asia-Pacific Economic Cooperation), Australia and New Zealand. Chapters draw on doctrinal and historical analysis of case law, theoretical approaches to both freedom of speech and privacy, and the interaction of law and communications technologies in order to examine present and future challenges to law's engagement with privacy.

The Future Of Reputation

The Future of Reputation PDF
Author: Daniel J. Solove
Publisher: Yale University Press
ISBN: 0300138199
Size: 62.35 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 247
View: 6074

Get Book


Teeming with chatrooms, online discussion groups, and blogs, the Internet offers previously unimagined opportunities for personal expression and communication. But there's a dark side to the story. A trail of information fragments about us is forever preserved on the Internet, instantly available in a Google search. A permanent chronicle of our private lives--often of dubious reliability and sometimes totally false--will follow us wherever we go, accessible to friends, strangers, dates, employers, neighbors, relatives, and anyone else who cares to look. This engrossing book, brimming with amazing examples of gossip, slander, and rumor on the Internet, explores the profound implications of the online collision between free speech and privacy. Daniel Solove, an authority on information privacy law, offers a fascinating account of how the Internet is transforming gossip, the way we shame others, and our ability to protect our own reputations. Focusing on blogs, Internet communities, cybermobs, and other current trends, he shows that, ironically, the unconstrained flow of information on the Internet may impede opportunities for self-development and freedom. Long-standing notions of privacy need review, the author contends: unless we establish a balance between privacy and free speech, we may discover that the freedom of the Internet makes us less free.

The Campbell Legacy

The Campbell Legacy PDF
Author: Thomas D.C. Bennett
Publisher: Routledge
ISBN: 1351674501
Size: 26.91 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 166
View: 7169

Get Book


In 2004, a judgment from the highest court in the UK gave birth to a new era of privacy law. That case, brought by the supermodel Naomi Campbell against Mirror Group Newspapers, is today rightly regarded as a turning point for the protection of individuals’ privacy. The case is seen as the turning point in the development of English privacy law, and has also had major implications for the law elsewhere, including in Australia, New Zealand, Ireland, and Canada. The manner in which the common law’s privacy protections have developed since, and the direction in which they might develop still further, are the subject of this book. This collection, written by leading scholars in the privacy field from the UK and beyond, considers the legacy of Campbell’s case. The contributors address the Campbell legacy from a range of legal perspectives and discuss broader themes of power, metaphor, consistency, and technological change. This book was originally published as a special issue of the Journal of Media Law.