Harvard Law Review Association
In his insightful article, "The Dangers of Surveillance," 126 Harvard Law Review 1934 (2013), Neil Richards offers a framework for evaluating the implications of government surveillance programs that is centered on protecting "intellectual privacy." Although we share his interest in recognizing and protecting privacy as a condition of personal and intellectual development, we worry in this essay that, as an organizing principle for policy, "intellectual privacy" is too narrow and politically fraught. Drawing on other work; we, therefore, recommend that judges, legislators, and executives focus, instead, on limiting the potential of surveillance technologies to effect programs of broad and indiscriminate surveillance.
Danielle K. Citron & David Gray,
Addressing the Harm of Total Surveillance: A Reply to Professor Neil Richards,
Harvard Law Review Forum
Available at: https://scholarship.law.bu.edu/faculty_scholarship/626