Privacy Policy and Contextual Harm
Mark McCarthy
How Two Traditions of Privacy Defenses in Image Capture Technology Inform the Debate over Drones
Patrick S. Roberts & Derek Larson
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Volume 13, Issue 2

Spring 2017


Metadata in Context –An Ontological and Normative Analysis of the NSA’s Bulk Telephony Metadata Collection Program

by Paula Kift & Helen Nissenbaum

In the aftermath of the Snowden revelations, the National Security Agency (NSA) responded to fears about warrantless domestic surveillance programs by emphasizing that it was collecting only the metadata, and not the content, of communications. When justifying their activities, the NSA offered the following rationale: because data involves content and metadata does not, a reasonable expectation of privacy extends only to the former but not the...


On the Wisdom of Categorical (Privacy) Rules

by Kiel Brennan-Marquez

Privacy often collides with other values,1 forcing the law to adopt strategies to manage the tradeoff. This essay explores those strategies. In it, I have three goals. First, I distinguish between two mutually-exclusive ways of managing the tradeoff between privacy and other values: “case-bycase balancing,” which asks whether, all things considered, a particular violation of privacy is justified by countervailing benefits, and the “categorical approach,” which asks...


Putting Data Benefits in Context: A Response to Kift and Nissenbaum

by Gabe Maldoff & Omer Tene

This essay examines big data analytics practices in light of Helen Nissenbaum’s contextual integrity paradigm. It critiques Paula Kift and Nissenbaum’s paper, Metadata in Context – An Ontological and Normative Analysis of the NSA’s Bulk Telephony Metadata Collection Program. 1 It argues that while asserting that the NSA’s bulk surveillance program imposes a privacy violation – something that few if any commentators, even in the intelligence community dispute...

Book Review

Connecting Alaskans: A Book Review and Commentary on Universal Service in the Broadband Age

by Shannon M. Heim & Erik B. Levy

Connecting Alaskans provides a richly detailed narrative of the evolution of telecommunications in Alaska. Ms. Hudson vividly describes the obstacles to bringing advanced telecommunications to one of the most geographically challenging states in our country and provides an excellent case study of the role that telecommunications public policy can play in shaping the lives of Americans. Ms. Hudson focuses on the trials of bringing dial tone, long distance, and...


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