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Advanced Introduction to U.S. Data Privacy Law
This timely Advanced Introduction traces the evolution of consumer data privacy laws in the US through a historical lens, and then sets out the current state of play. Waldman describes how privacy laws benefit corporate interests, and highlights the deficiencies of the present approach to the surveillance economy.
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Critical Acclaim
Contents
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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.
This timely Advanced Introduction traces the evolution of consumer data privacy laws in the US through a historical lens, and then sets out the current state of play. Waldman describes how privacy laws benefit corporate interests, and highlights the deficiencies of the present approach to the surveillance economy. In looking to the future, the author advocates a radical new way of thinking about the goals and tools of privacy law and provides a roadmap for avoiding privacy nihilism by rejuvenating public governance and protecting privacy in the digital age.
Key Features:
● Concise and accessible approach to a fast-changing area
● Novel conceptualisation of first, second, and third waves of privacy law
● In-depth critique of current and historic privacy law, challenging traditional literature
● Focuses on practical ways to address deficiencies of current laws
The Advanced Introduction to U.S. Data Privacy Law will be an invaluable resource for students and scholars of privacy, as well as those in information, media and technology law. It will also be an essential guide for policy-makers and privacy lawyers seeking to understand the past, present, and future of data privacy.
This timely Advanced Introduction traces the evolution of consumer data privacy laws in the US through a historical lens, and then sets out the current state of play. Waldman describes how privacy laws benefit corporate interests, and highlights the deficiencies of the present approach to the surveillance economy. In looking to the future, the author advocates a radical new way of thinking about the goals and tools of privacy law and provides a roadmap for avoiding privacy nihilism by rejuvenating public governance and protecting privacy in the digital age.
Key Features:
● Concise and accessible approach to a fast-changing area
● Novel conceptualisation of first, second, and third waves of privacy law
● In-depth critique of current and historic privacy law, challenging traditional literature
● Focuses on practical ways to address deficiencies of current laws
The Advanced Introduction to U.S. Data Privacy Law will be an invaluable resource for students and scholars of privacy, as well as those in information, media and technology law. It will also be an essential guide for policy-makers and privacy lawyers seeking to understand the past, present, and future of data privacy.
Critical Acclaim
‘Advanced Introduction to U.S. Data Privacy Law is a valuable resource for anyone seeking to understand the past, present and future of privacy law in the United States. As the legal landscape continues to evolve, particularly with the potential passage of the APRA, Waldman’s book provides a critical lens through which to analyse these developments and advocate for a privacy regime that truly empowers individuals and protects their fundamental rights, freedoms and interests.’
– Ardi Kolah, Journal of Data Protection & Privacy
‘Waldman has given us an indispensable critical reflection on US privacy law. This concise book is beautifully written, and its description and diagnosis are crystal clear. It provides a compelling alternative to our failed “notice and choice” and managerial approaches to privacy law. This is a vital intervention.’
– Woodrow Hartzog, Boston University, US and author of Privacy’s Blueprint: The Battle to Control the Design of New Technologies
‘Ari Waldman has written a superb and insightful critique of privacy law, chronicling where it has been, where it is now, and where it needs to go to achieve the kind of privacy all people need to flourish. And, importantly, this book is accessible. Policymakers need to read this. Students and professors will find it illuminating and clear. Anyone interested in privacy will learn from it.’
– Danielle Keats Citron, University of Virginia School of Law, US, and author of The Fight for Privacy
‘Professor Waldman provides a superb overview of the complex body of law regulating privacy. He offers a blistering critique of the law for often doing more harm than good. Accessible and succinct, Waldman’s account of privacy law is illuminating and thought-provoking.’
– Daniel J. Solove, George Washington University Law School, US, and author of Understanding Privacy
– Ardi Kolah, Journal of Data Protection & Privacy
‘Waldman has given us an indispensable critical reflection on US privacy law. This concise book is beautifully written, and its description and diagnosis are crystal clear. It provides a compelling alternative to our failed “notice and choice” and managerial approaches to privacy law. This is a vital intervention.’
– Woodrow Hartzog, Boston University, US and author of Privacy’s Blueprint: The Battle to Control the Design of New Technologies
‘Ari Waldman has written a superb and insightful critique of privacy law, chronicling where it has been, where it is now, and where it needs to go to achieve the kind of privacy all people need to flourish. And, importantly, this book is accessible. Policymakers need to read this. Students and professors will find it illuminating and clear. Anyone interested in privacy will learn from it.’
– Danielle Keats Citron, University of Virginia School of Law, US, and author of The Fight for Privacy
‘Professor Waldman provides a superb overview of the complex body of law regulating privacy. He offers a blistering critique of the law for often doing more harm than good. Accessible and succinct, Waldman’s account of privacy law is illuminating and thought-provoking.’
– Daniel J. Solove, George Washington University Law School, US, and author of Understanding Privacy
Contents
Contents: Preface 1. Introduction to U.S. data privacy law PART I PRIVACY LAW’S FIRST WAVE. 2. The first wave of notice-and-consent 3. The illusions of the first wave PART II PRIVACY LAW’S SECOND WAVE 4. Rights and compliance 5. The weaknesses of individual privacy rights 6. Symbolic compliance and the managerialization of privacy law PART III PRIVACY LAW’S THIRD WAVE 7. Alternatives to the first and second waves 8. Conclusions on U.S. Data Privacy Law Bibliography Index
