Every day, Internet users interact with technologies designed to
undermine their privacy. Social media apps, surveillance
technologies, and the Internet of Things are all built in ways that
make it hard to guard personal information. And the law says this
is okay because it is up to users to protect themselves—even when
the odds are deliberately stacked against them. In Privacy’s
Blueprint, Woodrow Hartzog pushes back against this state of
affairs, arguing that the law should require software and hardware
makers to respect privacy in the design of their products. Current
legal doctrine treats technology as though it were value-neutral:
only the user decides whether it functions for good or ill. But
this is not so. As Hartzog explains, popular digital tools are
designed to expose people and manipulate users into disclosing
personal information. Against the often self-serving optimism of
Silicon Valley and the inertia of tech evangelism, Hartzog contends
that privacy gains will come from better rules for products, not
users. The current model of regulating use fosters exploitation.
Privacy’s Blueprint aims to correct this by developing the
theoretical underpinnings of a new kind of privacy law responsive
to the way people actually perceive and use digital technologies.
The law can demand encryption. It can prohibit malicious interfaces
that deceive users and leave them vulnerable. It can require
safeguards against abuses of biometric surveillance. It can, in
short, make the technology itself worthy of our trust.
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