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'I've Got Nothing to Hide' and Other Misunderstandings of Privacy

Solove, Daniel J.
http://ssrn.com/abstract=998565

Publisher:  San Diego Law Review
Date Written:  12/07/2007
Year Published:  2007  
Pages:  28pp  
Resource Type:  Article

According to the nothing to hide argument, there is no threat to privacy unless the government uncovers unlawful activity, in which case a person has no legitimate justification to claim that it remain private.

Abstract:  In this short essay, written for a symposium in the San Diego Law Review, Professor Daniel Solove examines the nothing to hide argument. When asked about government surveillance and data mining, many people respond by declaring: "I've got nothing to hide." According to the nothing to hide argument, there is no threat to privacy unless the government uncovers unlawful activity, in which case a person has no legitimate justification to claim that it remain private. The nothing to hide argument and its variants are quite prevalent, and thus are worth addressing. In this essay, Solove critiques the nothing to hide argument and exposes its faulty underpinnings.

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