Daniel Solove

In Industry Unbound, Ari Ezra Waldman exposes precisely how the tech industry conducts its ongoing crusade to undermine our privacy. With research based on interviews with scores of tech employees and internal documents outlining corporate strategies, Waldman reveals that companies don't just lobby against privacy law; they also manipulate how we think about privacy, how their employees approach their work, and how they weaken the law to make data-extractive products the norm. In contrast to those who claim that privacy law is getting stronger, Waldman shows why recent shifts in privacy law are precisely the kinds of changes that corporations want and how even those who think of themselves as privacy advocates often unwittingly facilitate corporate malfeasance. This powerful account should be read by anyone who wants to understand why privacy laws are not working and how corporations trap us into giving up our personal information.

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.

A much-needed corrective on what privacy is, why it matters, and how we can protect in an age when so many believe that the concept is dead. Everywhere we look, companies and governments are spying on us--seeking information about us and everyone we know. Ad networks monitor our web-surfing to send us "more relevant" ads. The NSA screens our communications for signs of radicalism. Schools track students' emails to stop school shootings. Cameras guard every street corner and traffic light, and drones fly in our skies. Databases of human information are assembled for purposes of "training" artificial intelligence programs designed to predict everything from traffic patterns to the location of undocumented migrants. We're even tracking ourselves, using personal electronics like Apple watches, Fitbits, and other gadgets that have made the "quantified self" a realistic possibility. As Facebook's Mark Zuckerberg once put it, "the Age of Privacy is over." But Zuckerberg and others who say "privacy is dead" are wrong. In Why Privacy Matters, Neil Richards explains that privacy isn't dead, but rather up for grabs. Richards shows how the fight for privacy is a fight for power that will determine what our future will look like, and whether it will remain fair and free. If we want to build a digital society that is consistent with our hard-won commitments to political freedom, individuality, and human flourishing, then we must make a meaningful commitment to privacy. Privacy matters because good privacy rules can promote the essential human values of identity, power, freedom, and trust. If we want to preserve our commitments to these precious yet fragile values, we will need privacy rules. Richards explains why privacy remains so important and offers strategies that can help us protect it from the forces that are working to undermine it. Pithy and forceful, this is essential reading for anyone interested in a topic that sits at the center of so many current problems.