Clearinghouse Review


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The Unwanted Gaze


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As thinking, writing, and gossip increasingly take place in cyberspace, the part of our life that can be monitored and searched has vastly expanded. E-mail, even after it is deleted, becomes a permanent record that can be resurrected by employers or prosecutors at any point in the future. On the Internet, every website we visit, every store we browse in, every magazine we skim--and the amount of time we skim it--create electronic footprints that can be traced back to us, revealing detailed patterns about our tastes, preferences, and intimate thoughts. In this pathbreaking book, Jeffrey Rosen explores the legal, technological, and cultural changes that have undermined our ability to control how much personal information about ourselves is communicated to others, and he proposes ways of reconstructing some of the zones of privacy that law and technology have been allowed to invade. In the eighteenth century, when the Bill of Rights was drafted, the spectacle of state agents breaking into a citizen's home and rummaging through his or her private diaries was considered the paradigm case of an unconstitutional search and seizure. But during the impeachment of President Bill Clinton, prosecutors were able to subpoena Monica Lewinsky's bookstore receipts and to retrieve unsent love letters from her home computer. And the sense of violation that Monica Lewinsky experienced is not unique. In a world in which everything that Americans read, write, and buy can be recorded and monitored in cyberspace, there is a growing danger that intimate personal information originally disclosed only to our friends and colleagues may be exposed to--and misinterpreted by--a less understanding audience of strangers. Privacy is important, Rosen argues, because it protects us from being judged out of context in a world of short attention spans, a world in which isolated bits of intimate information can be confused with genuine knowledge. Rosen also examines the expansion of sexual-harassment law that has given employers an incentive to monitor our e-mail, Internet browsing habits, and office romances. And he suggests that some forms of offensive speech in the workplace--including the indignities allegedly suffered by Paula Jones and Anita Hill--are better conceived of as invasions of privacy than as examples of sex discrimination. Combining discussions of current events--from Kenneth Starr's tapes to DoubleClick's on-line profiles--with inno-vative legal and cultural analysis, The Unwanted Gaze offers a powerful challenge to Americans to be proactive in the face of new threats to privacy in the twenty-first century.







Criminal Law Series


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Petitions and briefs filed with the U.S. Supreme Court.




The Rights of Non-citizens


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International human rights law is founded on the premise that all persons, by virtue of their essential humanity, should enjoy all human rights. Exceptional distinctions, for example between citizens and non-citizens, can be made only if they serve a legitimate State objective and are proportional to the achievement of the objective. Non-citizens can include: migrants, refugees and asylum seekers, victims of trafficking, foreign students, temporary visitors and stateless people. This publication looks at the diverse sources of international law and emerging international standards protecting the rights of non-citizens, including international conventions and reports by UN and treaty bodies




Cato Handbook for Policymakers


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Offers policy recommendations from Cato Institute experts on every major policy issue. Providing both in-depth analysis and concrete recommendations, the Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty through limited government.







Cryptography's Role in Securing the Information Society


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For every opportunity presented by the information age, there is an opening to invade the privacy and threaten the security of the nation, U.S. businesses, and citizens in their private lives. The more information that is transmitted in computer-readable form, the more vulnerable we become to automated spying. It's been estimated that some 10 billion words of computer-readable data can be searched for as little as $1. Rival companies can glean proprietary secrets . . . anti-U.S. terrorists can research targets . . . network hackers can do anything from charging purchases on someone else's credit card to accessing military installations. With patience and persistence, numerous pieces of data can be assembled into a revealing mosaic. Cryptography's Role in Securing the Information Society addresses the urgent need for a strong national policy on cryptography that promotes and encourages the widespread use of this powerful tool for protecting of the information interests of individuals, businesses, and the nation as a whole, while respecting legitimate national needs of law enforcement and intelligence for national security and foreign policy purposes. This book presents a comprehensive examination of cryptographyâ€"the representation of messages in codeâ€"and its transformation from a national security tool to a key component of the global information superhighway. The committee enlarges the scope of policy options and offers specific conclusions and recommendations for decision makers. Cryptography's Role in Securing the Information Society explores how all of us are affected by information security issues: private companies and businesses; law enforcement and other agencies; people in their private lives. This volume takes a realistic look at what cryptography can and cannot do and how its development has been shaped by the forces of supply and demand. How can a business ensure that employees use encryption to protect proprietary data but not to conceal illegal actions? Is encryption of voice traffic a serious threat to legitimate law enforcement wiretaps? What is the systemic threat to the nation's information infrastructure? These and other thought-provoking questions are explored. Cryptography's Role in Securing the Information Society provides a detailed review of the Escrowed Encryption Standard (known informally as the Clipper chip proposal), a federal cryptography standard for telephony promulgated in 1994 that raised nationwide controversy over its "Big Brother" implications. The committee examines the strategy of export control over cryptography: although this tool has been used for years in support of national security, it is increasingly criticized by the vendors who are subject to federal export regulation. The book also examines other less well known but nevertheless critical issues in national cryptography policy such as digital telephony and the interplay between international and national issues. The themes of Cryptography's Role in Securing the Information Society are illustrated throughout with many examplesâ€"some alarming and all instructiveâ€"from the worlds of government and business as well as the international network of hackers. This book will be of critical importance to everyone concerned about electronic security: policymakers, regulators, attorneys, security officials, law enforcement agents, business leaders, information managers, program developers, privacy advocates, and Internet users.




Miller V. Albright (1998)


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