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Priscilla M. Regan - Legislating Privacy: Technology, Social Values, and Public Policy

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While technological threats to personal privacy have proliferated rapidly, legislation designed to protect privacy has been slow and incremental. In this study of legislative attempts to reconcile privacy and technology, Priscilla Regan examines congressional policy making in three key areas: computerized databases, wiretapping, and polygraph testing. In each case, she argues, legislation has represented an unbalanced compromise benefiting those with a vested interest in new technology over those advocating privacy protection. Legislating Privacy explores the dynamics of congressional policy formulation and traces the limited response of legislators to the concept of privacy as a fundamental individual right. According to Regan, we will need an expanded understanding of the social value of privacy if we are to achieve greater protection from emerging technologies such as Caller ID and genetic testing. Specifically, she argues that a recognition of the social importance of privacy will shift both the terms of the policy debate and the patterns of interest-group action in future congressional activity on privacy issues.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

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title Legislating Privacy Technology Social Values and Public Policy - photo 1

title:Legislating Privacy : Technology, Social Values, and Public Policy
author:Regan, Priscilla M.
publisher:University of North Carolina Press
isbn10 | asin:0807822264
print isbn13:9780807822265
ebook isbn13:9780807864050
language:English
subjectPrivacy, Right of--United States, Computer security--Government policy--United States, Wiretapping--Government policy--United States, Lie detectors and detection--Government policy--United States.
publication date:1995
lcc:JC596.2.U5R44 1995eb
ddc:323.44/8/0973
subject:Privacy, Right of--United States, Computer security--Government policy--United States, Wiretapping--Government policy--United States, Lie detectors and detection--Government policy--United States.
Legislating Privacy
Technology, Social Values, and Public Policy
Priscilla M. Regan
The University of North Carolina Press Chapel Hill & London
Page iv
1995 The University of North
Carolina Press
All rights reserved
Manufactured in the United States of
America
Library of Congress Cataloging-in-Publication Data
Regan, Priscilla M.
Legislating privacy: technology, social values, and public policy / by Priscilla M. Regan.
p. cm.
Includes bibliographical references
(p. ) and index.
ISBN 0-8078-2226-4 (cloth : alk. paper)
1. Privacy, Right of United States. 2. Computer securityGovernment policyUnited States. 3. Wiretapping Government policyUnited States. 4. Lie detectors and detection Government policy United States.
I. Title.
JC596.2.U5R44 1995
3 3.44'8'0973dc20
94-49544
CIP

The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources.
99
9897969554321

Page v
This book is dedicated to
CHRIS,
MICHAEL,
&
MARY
Page vii
Contents
Preface,
xi
Acknowledgments,
xvii
1
Privacy, Technology, and Public Policy,
1
2
Privacy as a Philosophical and Legal Concept,
24
3
Privacy in American Society,
42
4
Information Privacy: Recording Our Transactions,
69
5
Communication Privacy: Transmitting Our Messages,
109
6
Psychological Privacy: Evaluating Our Thoughts,
144
7
Congress, Privacy, and Policy Decisions,
174
8
Privacy and the Common Good: Implications for Public Policy,
212
Appendixes,
245
Notes,
257
Index,
301

Page ix
Tables and Figures
TABLES
3.1 Concern with Threats to Personal Privacy,
51
3.2 Perceived Importance of Threats to Privacy,
52
3.3 Appropriateness of Information Collected by Employers,
54
3.4 Response to Statement: "Consumers Have Lost All Control over How Personal Information about Them Is Circulated and Used by Companies,"
55
3.5 Trust in Organizations' Use of Personal Information,
57
3.6 Composite Measure of Awareness and Concern Regarding Secondary Uses of Personal Information,
59
3.7 Improper Disclosure of Medical Information,
60
3.8 Key Explanatory Variables of Privacy Concern,
65
3.9 Concern with Threats to Privacy, by Age,
66
3.10 Level of Concern with Loss of Conveniences Relating to Privacy, by Age,
67

FIGURES
1.1 Selected Privacy Legislation,
Picture 2
6
4.1 Code of Fair Information Practices,
Picture 3
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