Security V. Liberty

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Author :
Publisher : Russell Sage Foundation
ISBN 13 : 1610441931
Total Pages : 256 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis Security V. Liberty by : Daniel Farber

Download or read book Security V. Liberty written by Daniel Farber and published by Russell Sage Foundation. This book was released on 2008-04-24 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the weeks following 9/11, the Bush administration launched the Patriot Act, rejected key provisions of the Geneva Convention, and inaugurated a sweeping electronic surveillance program for intelligence purposes—all in the name of protecting national security. But the current administration is hardly unique in pursuing such measures. In Security v. Liberty, Daniel Farber leads a group of prominent historians and legal experts in exploring the varied ways in which threats to national security have affected civil liberties throughout American history. Has the government’s response to such threats led to a gradual loss of freedoms once taken for granted, or has the nation learned how to restore civil liberties after threats subside and how to put protections in place for the future? Security v. Liberty focuses on periods of national emergency in the twentieth century—from World War I through the Vietnam War—to explore how past episodes might bear upon today’s dilemma. Distinguished historian Alan Brinkley shows that during World War I the government targeted vulnerable groups—including socialists, anarchists, and labor leaders—not because of a real threat to the nation, but because it was politically expedient to scapegoat unpopular groups. Nonetheless, within ten years the Supreme Court had rolled back the most egregious of the World War I restrictions on civil liberties. Legal scholar John Yoo argues for the legitimacy of the Bush administration’s War on Terror policies—such as the detainment and trials of suspected al Qaeda members—by citing historical precedent in the Roosevelt administration’s prosecution of World War II. Yoo contends that, compared to Roosevelt’s sweeping use of executive orders, Bush has exercised relative restraint in curtailing civil liberties. Law professor Geoffrey Stone describes how J. Edgar Hoover used domestic surveillance to harass anti-war protestors and civil rights groups throughout the 1960s and early 1970s. Congress later enacted legislation to prevent a recurrence of the Hoover era excesses, but Stone notes that the Bush administration has argued for the right to circumvent some of these restrictions in its campaign against terrorism. Historian Jan Ellen Lewis looks at early U.S. history to show how an individual’s civil liberties often depended on the extent to which he or she fit the definition of “American” as the country’s borders expanded. Legal experts Paul Schwartz and Ronald Lee examine the national security implications of rapid advances in information technology, which is increasingly driven by a highly globalized private sector, rather than by the U.S. government. Security v. Liberty shows that civil liberties are a not an immutable right, but the historically shifting result of a continuous struggle that has extended over two centuries. This important new volume provides a penetrating historical and legal analysis of the trade-offs between security and liberty that have shaped our national history—trade-offs that we confront with renewed urgency in a post-9/11 world.

The NSA Report

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Author :
Publisher : Princeton University Press
ISBN 13 : 1400851270
Total Pages : 288 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The NSA Report by : President's Review Group on Intelligence and Communications Technologies, The

Download or read book The NSA Report written by President's Review Group on Intelligence and Communications Technologies, The and published by Princeton University Press. This book was released on 2014-03-31 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.

The Future of Foreign Intelligence

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Author :
Publisher : Oxford University Press
ISBN 13 : 019023539X
Total Pages : 224 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Future of Foreign Intelligence by : Laura K. Donohue

Download or read book The Future of Foreign Intelligence written by Laura K. Donohue and published by Oxford University Press. This book was released on 2016-02-23 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States. As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, global communications systems and digital technologies have changed our lives in countless ways. But they have also contributed to a worrying transformation. Together with statutory alterations instituted in the wake of 9/11, and secret legal interpretations that have only recently become public, new and emerging technologies have radically expanded the amount and type of information that the government collects about U.S. citizens. Traditionally, for national security, the Courts have allowed weaker Fourth Amendment standards for search and seizure than those that mark criminal law. Information that is being collected for foreign intelligence purposes, though, is now being used for criminal prosecution. The expansion in the government's acquisition of private information, and the convergence between national security and criminal law threaten individual liberty. Donohue traces the evolution of U.S. foreign intelligence law and pairs it with the progress of Fourth Amendment jurisprudence. She argues that the bulk collection programs instituted by the National Security Agency amount to a general warrant, the prevention of which was the reason the Founders introduced the Fourth Amendment. The expansion of foreign intelligence surveillanceleant momentum by advances in technology, the Global War on Terror, and the emphasis on securing the homelandnow threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers a road map for reining in the national security state's expansive reach, arguing for a judicial re-evaluation of third party doctrine and statutory reform that will force the executive branch to take privacy seriously, even as Congress provides for the collection of intelligence central to U.S. national security. Alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States.

Human Rights in the 'War on Terror'

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Publisher : Cambridge University Press
ISBN 13 : 9780521853194
Total Pages : 376 pages
Book Rating : 4.8/5 (531 download)

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Book Synopsis Human Rights in the 'War on Terror' by : Richard Wilson

Download or read book Human Rights in the 'War on Terror' written by Richard Wilson and published by Cambridge University Press. This book was released on 2005-10-03 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the war on terror since 9/11 from a human rights perspective.

Negative Liberty

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Publisher : Russell Sage Foundation
ISBN 13 : 1610441516
Total Pages : 296 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis Negative Liberty by : Darren W. Davis

Download or read book Negative Liberty written by Darren W. Davis and published by Russell Sage Foundation. This book was released on 2007-03-02 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Did America's democratic convictions "change forever" after the terrorist attacks of September 11? In the wake of 9/11, many pundits predicted that Americans' new and profound anxiety would usher in an era of political acquiescence. Fear, it was claimed, would drive the public to rally around the president and tolerate diminished civil liberties in exchange for security. Political scientist Darren Davis challenges this conventional wisdom in Negative Liberty, revealing a surprising story of how September 11 affected Americans' views on civil liberties and security. Drawing on a unique series of original public opinion surveys conducted in the immediate aftermath of 9/11 and over the subsequent three years, Negative Liberty documents the rapid shifts in Americans' opinions regarding the tradeoff between liberty and security, at a time when the threat of terrorism made the conflict between these values particularly stark. Theories on the psychology of threat predicted that people would cope with threats by focusing on survival and reaffirming their loyalty to their communities, and indeed, Davis found that Americans were initially supportive of government efforts to prevent terrorist attacks by rolling back certain civil liberties. Democrats and independents under a heightened sense of threat became more conservative after 9/11, and trust in government reached its highest level since the Kennedy administration. But while ideological divisions were initially muted, this silence did not represent capitulation on the part of civil libertarians. Subsequent surveys in the years after the attacks revealed that, while citizens' perceptions of threat remained acute, trust in the government declined dramatically in response to the perceived failures of the administration's foreign and domestic security policies. Indeed, those Americans who reported the greatest anxiety about terrorism were the most likely to lose confidence in the government in the years after 2001. As a result, ideological unity proved short lived, and support for civil liberties revived among the public. Negative Liberty demonstrates that, in the absence of faith in government, even extreme threats to national security are not enough to persuade Americans to concede their civil liberties permanently. The September 11 attacks created an unprecedented conflict between liberty and security, testing Americans' devotion to democratic norms. Through lucid analysis of concrete survey data, Negative Liberty sheds light on how citizens of a democracy balance these competing values in a time of crisis.

Decrypting the Encryption Debate

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Author :
Publisher : National Academies Press
ISBN 13 : 0309471532
Total Pages : 119 pages
Book Rating : 4.3/5 (94 download)

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Book Synopsis Decrypting the Encryption Debate by : National Academies of Sciences, Engineering, and Medicine

Download or read book Decrypting the Encryption Debate written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2018-06-07 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: Encryption protects information stored on smartphones, laptops, and other devices - in some cases by default. Encrypted communications are provided by widely used computing devices and services - such as smartphones, laptops, and messaging applications - that are used by hundreds of millions of users. Individuals, organizations, and governments rely on encryption to counter threats from a wide range of actors, including unsophisticated and sophisticated criminals, foreign intelligence agencies, and repressive governments. Encryption on its own does not solve the challenge of providing effective security for data and systems, but it is an important tool. At the same time, encryption is relied on by criminals to avoid investigation and prosecution, including criminals who may unknowingly benefit from default settings as well as those who deliberately use encryption. Thus, encryption complicates law enforcement and intelligence investigations. When communications are encrypted "end-to-end," intercepted messages cannot be understood. When a smartphone is locked and encrypted, the contents cannot be read if the phone is seized by investigators. Decrypting the Encryption Debate reviews how encryption is used, including its applications to cybersecurity; its role in protecting privacy and civil liberties; the needs of law enforcement and the intelligence community for information; technical and policy options for accessing plaintext; and the international landscape. This book describes the context in which decisions about providing authorized government agencies access to the plaintext version of encrypted information would be made and identifies and characterizes possible mechanisms and alternative means of obtaining information.

The Transnational Dimension of Cyber Crime and Terrorism

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Author :
Publisher : Hoover Institution Press
ISBN 13 : 0817999868
Total Pages : 292 pages
Book Rating : 4.8/5 (179 download)

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Book Synopsis The Transnational Dimension of Cyber Crime and Terrorism by : Seymour E. Goodman

Download or read book The Transnational Dimension of Cyber Crime and Terrorism written by Seymour E. Goodman and published by Hoover Institution Press. This book was released on 2013-11-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: In December 1999, more than forty members of government, industry, and academia assembled at the Hoover Institution to discuss this problem and explore possible countermeasures. The Transnational Dimension of Cyber Crime and Terrorism summarizes the conference papers and exchanges, addressing pertinent issues in chapters that include a review of the legal initiatives undertaken around the world to combat cyber crime, an exploration of the threat to civil aviation, analysis of the constitutional, legal, economic, and ethical constraints on use of technology to control cyber crime, a discussion of the ways we can achieve security objectives through international cooperation, and more. Much has been said about the threat posed by worldwide cyber crime, but little has been done to protect against it. A transnational response sufficient to meet this challenge is an immediate and compelling necessity—and this book is a critical first step in that direction.

The Consequences of Counterterrorism

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Publisher : Russell Sage Foundation
ISBN 13 : 161044728X
Total Pages : 432 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis The Consequences of Counterterrorism by : Martha Crenshaw

Download or read book The Consequences of Counterterrorism written by Martha Crenshaw and published by Russell Sage Foundation. This book was released on 2010-02-18 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 9/11 terrorist attacks opened America's eyes to a frightening world of enemies surrounding us. But have our eyes opened wide enough to see how our experiences compare with other nations' efforts to confront and prevent terrorism? Other democracies have long histories of confronting both international and domestic terrorism. Some have undertaken progressively more stringent counterterrorist measures in the name of national security and the safety of citizens. The Consequences of Counterterrorism examines the political costs and challenges democratic governments face in confronting terrorism. Using historical and comparative perspectives, The Consequences of Counterterrorism presents thematic analyses as well as case studies of Britain, France, Germany, Spain, Japan, and Israel. Contributor John Finn compares post-9/11 antiterrorism legislation in the United States, Europe, Canada, and India to demonstrate the effects of hastily drawn policies on civil liberties and constitutional norms. Chantal de Jonge Oudraat and Jean-Luc Marret assert that terrorist designation lists are more widespread internationally than ever before. The authors examine why governments and international organizations use such lists, how they work, and why they are ineffective tools. Gallya Lahav shows how immigration policy has become inextricably linked to security in the EU and compares the European fear of internal threats to the American fear of external ones. A chapter by Dirk Haubrich explains variation in the British government's willingness to compromise democratic principles according to different threats. In his look at Spain and Northern Ireland, Rogelio Alonso asserts that restricting the rights of those who perpetrate ethnonationalist violence may be acceptable in order to protect the rights of citizens who are victims of such violence. Jeremy Shapiro considers how the French response to terrorist threats has become more coercive during the last fifty years. Israel's "war model" of counterterrorism has failed, Ami Pedahzur and Arie Perliger argue, and is largely the result of the military elite's influence on state institutions. Giovanni Cappocia explains how Germany has protected basic norms and institutions. In contrast, David Leheny stresses the significance of change in Japan's policies. Preventing and countering terrorism is now a key policy priority for many liberal democratic states. As The Consequences of Counterterrorism makes clear, counterterrorist policies have the potential to undermine the democratic principles, institutions, and processes they seek to preserve.

America's Challenge

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Publisher :
ISBN 13 : 9780974281902
Total Pages : 165 pages
Book Rating : 4.2/5 (819 download)

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Book Synopsis America's Challenge by : Muzaffar A. Chishti

Download or read book America's Challenge written by Muzaffar A. Chishti and published by . This book was released on 2003 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Terror, Insecurity and Liberty

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Author :
Publisher : Routledge
ISBN 13 : 1134036361
Total Pages : 208 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Terror, Insecurity and Liberty by : Didier Bigo

Download or read book Terror, Insecurity and Liberty written by Didier Bigo and published by Routledge. This book was released on 2008-05-14 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume questions the widespread resort to illiberal security practices by contemporary liberal regimes since 9/11, and argues that counter-terrorism is embedded into the very logic of the fields of politics and security. Although recent debate surrounding civil rights and liberties in post-9/11 Europe has focused on the forms, provisions and legal consequences of security-led policies, this volume takes an inter-disciplinary approach to explore how these policies have come to generate illiberal practices. The book argues that policies implemented in the name of protection and national security have had a strong effect on civil liberties, human rights and social cohesion - in particular, but not only, since 9/11. The book undertakes detailed sociological enquiries concerning security agencies, and analyses public discourses on the definition of the terrorist threat. In doing so, it aims to show that the current reframing of civil rights and liberties is in part a result of the very functioning of both the political and the security fields, in that it is embedded in a broad array of domestic and transnational political, administrative and bureaucratic stakes.

On Civil Liberty and Self-government

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Publisher :
ISBN 13 :
Total Pages : 644 pages
Book Rating : 4.:/5 (334 download)

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Book Synopsis On Civil Liberty and Self-government by : Francis Lieber

Download or read book On Civil Liberty and Self-government written by Francis Lieber and published by . This book was released on 1859 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Cost of Counterterrorism

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Publisher : Cambridge University Press
ISBN 13 : 1139469576
Total Pages : 512 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Cost of Counterterrorism by : Laura K. Donohue

Download or read book The Cost of Counterterrorism written by Laura K. Donohue and published by Cambridge University Press. This book was released on 2008-04-14 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the aftermath of a terrorist attack political stakes are high: legislators fear being seen as lenient or indifferent and often grant the executive broader authorities without thorough debate. The judiciary's role, too, is restricted: constitutional structure and cultural norms narrow the courts' ability to check the executive at all but the margins. The dominant 'Security or Freedom' framework for evaluating counterterrorist law thus fails to capture an important characteristic: increased executive power that shifts the balance between branches of government. This book re-calculates the cost of counterterrorist law to the United Kingdom and the United States, arguing that the damage caused is significantly greater than first appears. Donohue warns that the proliferation of biological and nuclear materials, together with willingness on the part of extremists to sacrifice themselves, may drive each country to take increasingly drastic measures with a resultant shift in the basic structure of both states.

Observations on the Nature of Civil Liberty

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Author :
Publisher :
ISBN 13 :
Total Pages : 140 pages
Book Rating : 4.R/5 ( download)

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Book Synopsis Observations on the Nature of Civil Liberty by : Richard Price

Download or read book Observations on the Nature of Civil Liberty written by Richard Price and published by . This book was released on 1776 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Right to Privacy

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Author :
Publisher : BoD – Books on Demand
ISBN 13 : 3732645487
Total Pages : 42 pages
Book Rating : 4.7/5 (326 download)

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Book Synopsis The Right to Privacy by : Samuel D. Brandeis, Louis D. Warren

Download or read book The Right to Privacy written by Samuel D. Brandeis, Louis D. Warren and published by BoD – Books on Demand. This book was released on 2018-04-05 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis

Nothing to Hide

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Publisher : Yale University Press
ISBN 13 : 0300177259
Total Pages : 271 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Nothing to Hide by : Daniel J. Solove

Download or read book Nothing to Hide written by Daniel J. Solove and published by Yale University Press. This book was released on 2011-05-31 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: "If you've got nothing to hide," many people say, "you shouldn't worry about government surveillance." Others argue that we must sacrifice privacy for security. But as Daniel J. Solove argues in this important book, these arguments and many others are flawed. They are based on mistaken views about what it means to protect privacy and the costs and benefits of doing so. The debate between privacy and security has been framed incorrectly as a zero-sum game in which we are forced to choose between one value and the other. Why can't we have both? In this concise and accessible book, Solove exposes the fallacies of many pro-security arguments that have skewed law and policy to favor security at the expense of privacy. Protecting privacy isn't fatal to security measures; it merely involves adequate oversight and regulation. Solove traces the history of the privacy-security debate from the Revolution to the present day. He explains how the law protects privacy and examines concerns with new technologies. He then points out the failings of our current system and offers specific remedies. Nothing to Hide makes a powerful and compelling case for reaching a better balance between privacy and security and reveals why doing so is essential to protect our freedom and democracy"--Jacket.

No Treason

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Author :
Publisher : Read Books Ltd
ISBN 13 : 1447488903
Total Pages : 60 pages
Book Rating : 4.4/5 (474 download)

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Book Synopsis No Treason by : Lysander Spooner

Download or read book No Treason written by Lysander Spooner and published by Read Books Ltd. This book was released on 2013-04-16 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1870, this essay by the American anarchist and political philosopher Lysander Spooner is here reproduced. Described by Murray Rothbard as “the greatest case for anarchist political philosophy ever written”, Spooner’s lengthy essay is still referenced by anarchists and philosophers today. In it, he argues that the American Civil War violated the US Constitution, thus rendering it null and void. An indispensable read for political historians both amateur and professional alike. Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.

Engaging Privacy and Information Technology in a Digital Age

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Author :
Publisher : National Academies Press
ISBN 13 : 0309103924
Total Pages : 451 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Engaging Privacy and Information Technology in a Digital Age by : National Research Council

Download or read book Engaging Privacy and Information Technology in a Digital Age written by National Research Council and published by National Academies Press. This book was released on 2007-07-28 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privacy is a growing concern in the United States and around the world. The spread of the Internet and the seemingly boundaryless options for collecting, saving, sharing, and comparing information trigger consumer worries. Online practices of business and government agencies may present new ways to compromise privacy, and e-commerce and technologies that make a wide range of personal information available to anyone with a Web browser only begin to hint at the possibilities for inappropriate or unwarranted intrusion into our personal lives. Engaging Privacy and Information Technology in a Digital Age presents a comprehensive and multidisciplinary examination of privacy in the information age. It explores such important concepts as how the threats to privacy evolving, how can privacy be protected and how society can balance the interests of individuals, businesses and government in ways that promote privacy reasonably and effectively? This book seeks to raise awareness of the web of connectedness among the actions one takes and the privacy policies that are enacted, and provides a variety of tools and concepts with which debates over privacy can be more fruitfully engaged. Engaging Privacy and Information Technology in a Digital Age focuses on three major components affecting notions, perceptions, and expectations of privacy: technological change, societal shifts, and circumstantial discontinuities. This book will be of special interest to anyone interested in understanding why privacy issues are often so intractable.