Waldman - Privacy As Trust : Information Privacy for an Information Age

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Ari Ezra Waldman 2018

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First published 2018

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For my family: always loving, always there.

Studying privacy is an ongoing, evolutionary process, just like the development of this book. What began as a proposal on cyberharassment of LGBTQ persons grew into a doctoral dissertation on information privacy, generally. That, in turn, grew into several law review articles analyzing a broad range of topics, from sharing intimate photos to information flow in intellectual property. Throughout this time, my thinking on privacy evolved. It evolved after law school, then again after online and face-to-face harassment took national attention in 2010, and then again after reading the works of Emile Durkheim, Erving Goffman, Julie Cohen, Daniel Solove, Helen Nissenbaum, and others. This book is the result, but it is by no means a final word. It is a step along the way meant to contribute to a dynamic and important discussion about why privacy is important and what privacy means in a digital world. I hope that this books theories and proposals will be approached critically, tested and tried out, and, yes, challenged.

This book is based on my doctoral dissertation in the Department of Sociology at Columbia Universitys Graduate School of Arts and Sciences. It is also the product of countless workshops, conferences, talks, discussions, and one-on-one geek out sessions with colleagues, friends, and inspiring mentors. Some of those who helped me think through these issues are, in alphabetical order, Alan Appel, Alessandro Acquisti, Derek Bambauer, Jane Bambauer, Ann Bartow, Jacqueline Beauchere, Barton Beebe, Tamara Belinfanti, Gaia Bernstein, Robert Blecker, Kiel Brennan-Marquez, Ryan Calo, Danielle Keats Citron, Richard Chused, Julie Cohen, Anthony Crowell, Rochelle Dreyfuss, Gregory Eirich, Gil Eyal, Joshua A. T. Fairfield, Jonathan Frankle, Mary Anne Franks, Brett Frischmann, Jeanne Fromer, Sue Glueck, Jeffrey Goldfarb, Eric Goldman, Woodrow Hartzog, Mike Hintze, Chris Hoofnagle, Leslie John, Ian Kerr, Bill LaPiana, Art Leonard, Amanda Levendowski, David Levine, Gregory Mandel, Bill McGeveran, Jim Mourey, Frank Munger, Helen Nissenbaum Paul Ohm, Frank Pasquale, Mark Patterson, Ed Purcell, Joel Reidenberg, Neil Richards, Sadiq Reza, Andrew Selbst, Jacob Sherkow, Richard Sherwin, Jessica Silbey, Scott Skinner-Thompson, Daniel Solove, Ruti Teitel, Ann Thomas, Rebecca Tushnet, and Diane Vaughan. I would like to give special thanks to my research assistants during this time, Jeffrey Saavedra and Dawn Neagle, and to Rodger Quigley, who reviewed the manuscript and made important substantive suggestions and assisted with citations. They, along with the hundreds of New York Law School students I have had the honor of teaching these last four years, remind me every day that it is a privilege to do what I do. Thanks also to Bill Mills, my go-to for all obscure research and primary source materials. This project also benefited from important feedback at quite a few conferences and workshops, including, but not limited to, the 2015 and 2016 Privacy Law Scholars Conferences; the 2014, 2015, and 2016 Internet Law Works-in-Progress Conferences; the 2015 Works-in-Progress Intellectual Property Conference; the 2015 Intellectual Property Scholars Conference; and the 2016 Tri-State Regional Intellectual Property Workshop at New York University School of Law. These ideas were also discussed at invited talks at law schools throughout the country and at various law reviewsponsored talks and symposia. Thank you to all the organizers, participants, speakers, and students who made those opportunities possible.