Privacy and Consequences: Legal And Policy Structures For Implementing New Counter-Terrorism Technologies And Protecting Civil Liberty
Rosenzweig, Paul, "Privacy and Consequences: Legal And Policy Structures For Implementing New Counter-Terrorism Technologies And Protecting Civil Liberty" (July 2005). Available at SSRN:
Practical answers to the problem of oversight can, and must, be crafted. This paper is an effort to sketch out precisely what those safeguards ought to be and how they might impact the most prominent proposed new technologies. Privacy values of the anonymity form have previously been protected by technological inefficiency. With the demise of that protection, a new mechanism of controlling the consequences that arise from scrutiny must be substituted. Broadly speaking those mechanisms should minimize intrusiveness; provide for automated audit and oversight and accountability; and embed within the system architecture policy rules for imposing adverse consequences on individuals.
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