A Twenty-First Century Framework for Digital Privacy

Balancing Privacy and Security in the Digital Age

Introduction: A Twenty-First Century Framework for Digital Privacy
Jeffrey Rosen provides an overview of the white paper series and explains how breathtaking changes in technology pose challenges to privacy and security.
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Whose Law Governs in a Borderless World?
Jennifer Daskal explores the challenges posed by data mobility and considers how best to resolve cross-border data disputes in a way that promotes privacy, security, and sovereignty.   
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Administering the Fourth Amendment in the Digital Age
Jim Harper critiques current Fourth Amendment doctrine and calls on courts to adopt a new approach that hews closely to the Fourth Amendment’s text and protects data, information, and communications as a key form of property. 
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Digital Divergence
David S. Kris challenges the view that balancing privacy and security in the digital age is a zero-sum game.  Instead, he explores how advances in digital technologies are threatening both privacy and security. 
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Secret Government Searches and Digital Civil Liberties
Neil Richards tackles the issue of “secret government searches”—namely, instances of government surveillance that remain secret to the search target. 
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Policing and The Cloud
Christopher Slobogin explores how best to construct legal approaches that will allow the government to harness The Cloud’s investigative potential, while also limiting the opportunities for government abuses.
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