Danielle Citron

Prof @BU_Law; VP @CCRI; Hate Crimes in Cyberspace (HUP); Affiliate @YaleISP @StanfordCIS @BKCHarvard @policingproject; Board @EPICprivacy @futureofprivacy

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Book Recommendations:

DC

Recommended by Danielle Citron

@jkosseff ❤️ and I’m lucky to not only get to share the zoom with you but to have you come talk to my class about your brilliant book #UnitedStatesOfAnonymous with @cagoldberglaw!!!! (from X)

In The United States of Anonymous, Jeff Kosseff explores how the right to anonymity has shaped American values, politics, business, security, and discourse, particularly as technology has enabled people to separate their identities from their communications. Legal and political debates surrounding online privacy often focus on the Fourth Amendment's protection against unreasonable searches and seizures, overlooking the history and future of an equally powerful privacy right: the First Amendment's protection of anonymity. The United States of Anonymous features extensive and engaging interviews with people involved in the highest profile anonymity cases, as well as with those who have benefited from, and been harmed by, anonymous communications. Through these interviews, Kosseff explores how courts have protected anonymity for decades and, likewise, how law and technology have allowed individuals to control how much, if any, identifying information is associated with their communications. From blocking laws that prevent Ku Klux Klan members from wearing masks to restraining Alabama officials from forcing the NAACP to disclose its membership lists, and to refusing companies' requests to unmask online critics, courts have recognized that anonymity is a vital part of our free speech protections. The United States of Anonymous weighs the tradeoffs between the right to hide identity and the harms of anonymity, concluding that we must maintain a strong, if not absolute, right to anonymous speech.

DC

Recommended by Danielle Citron

We gathered to celebrate @neilmrichards brilliant new book WHY PRIVACY MATTERS. Foundational contribution for the public, lawmakers, and your friends and family! @julie17usc @BillMcGev @ariezrawaldman @hartzog @rcalo @MargotKaminski @DanielSolove https://t.co/f8Vh3etW0h (from X)

Why Privacy Matters book cover

by Neil Richards·You?

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.

DC

Recommended by Danielle Citron

As @rmack described in her powerful book Consent of the Networked, it is digibonapartism. So worth a reread especially today as you note with China as a leader in this effort. @imran_malek Just read the book in our free speech in a digital age class. Always illuminating. https://t.co/N7y7cDgGGF (from X)

The Internet was going to liberate us, but in truth it has not. For every story about the web’s empowering role in events such as the Arab Spring, there are many more about the quiet corrosion of civil liberties by companies and governments using the same digital technologies we have come to depend upon. Sudden changes in Facebook’s features and privacy settings have exposed identities of protestors to police in Egypt and Iran. Apple removes politically controversial apps at the behest of governments as well as for its own commercial reasons. Dozens of Western companies sell surveillance technology to dictatorships around the world. Google struggles with censorship demands from governments in a range of countries—many of them democracies—as well as mounting public concern over the vast quantities of information it collects about its users. In Consent of the Networked, journalist and Internet policy specialist Rebecca MacKinnon argues that it is time to fight for our rights before they are sold, legislated, programmed, and engineered away. Every day, the corporate sovereigns of cyberspace make decisions that affect our physical freedom—but without our consent. Yet the traditional solution to unaccountable corporate behavior—government regulation—cannot stop the abuse of digital power on its own, and sometimes even contributes to it.A clarion call to action, Consent of the Networked shows that it is time to stop arguing over whether the Internet empowers people, and address the urgent question of how technology should be governed to support the rights and liberties of users around the world.

DC

Recommended by Danielle Citron

Yup what @realamberheard says—run and order a copy of @ma_franks’s powerful book The Cult of the Constitution. Once you start you won’t put it down. And Franks’s intro will knock you off your feet. Her personal journey touched me so—I have read it again and again. https://t.co/wPiLQyRkhi (from X)

In this controversial and provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, "free-market" approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.