Imagining New Legalities reminds us that examining the right to
privacy and the public/private distinction is an important way of
mapping the forms and limits of power that can legitimately be
exercised by collective bodies over individuals and by governments
over their citizens. This book does not seek to provide a
comprehensive overview of threats to privacy and rejoinders to
them. Instead it considers several different conceptions of privacy
and provides examples of legal inventiveness in confronting some
contemporary challenges to the public/private distinction. It
provides a context for that consideration by surveying the meanings
of privacy in three domains--the first, involving intimacy and
intimate relations; the second, implicating criminal procedure, in
particular, the 4th amendment; and the third, addressing control of
information in the digital age. The first two provide examples of
what are taken to be classic breaches of the public/private
distinction, namely instances when government intrudes in an area
claimed to be private. The third has to do with voluntary
circulation of information and the question of who gets to control
what happens to and with that information.
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