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Few legal innovations have done more damage than the invention of an atextual and, not surprisingly, impossible to define notion of a "right or privacy." If it really were central to our Constitutional order it would likely be included in our Founding documents. Instead, it has been used by activist judges to achieve results they could not otherwise obtain--most notoriously Roe v. Wade. So the subtext of this book gives a good deal of the game away, since that which Mr. Rosen frets about being destroyed never actually existed in the first place. unfortunately, the specific instance of "destruction" that he focusses on offers a partucularly weak argument in favor of privacy: the investigation of Monica Lewinsky. When Slate's excellent Slow Burn podcast looked at Clinton Impeachmemnt they exposed how Ken Starr allowed his investigation to drift because of the scandal of the Lewinsky affair, but also gave female activists a chance to express their regrets over the way they defended Bill Clinton simply because of partisan fervor. Jeffrey Rosen wrote this back in the aftermath of those proceedings and he too might be regretful were he he to revisit it now. In the first instance, he too is forced make the investigation just a matter of sex, so that he can argue that subpoenas were unjustified because they invaded purely private matters: This book began as an effort to understand the constitutional, legal, and political drama that culminated in the impeachment and acquittal of President Bill Clinton. But that strange and singular confluence of events prompted me to think about the Clinton impeachment as a window onto a less unusual phenomenon that affects all Americans: namely, the erosion of privacy, at home, at work, and in cyberspace, so that intimate personal information-from diaries, e-mail, and computer files to records of the books we read and the Web sites we brows-is increasingly vulnerable to being wrenched out of context and exposed to the world. What follows is an attempt to explore the legal, technological, and cultural changes that have undermined our ability to control how much information about ourselves is communicated to others. I would also like to explore ways of reconstructing some of the zones of privacy that law and technology have been allowed to invade.He leans heavily on that "out of context" rationale, but, ironically, he is taking the "invasion" out of context. The charge (not legal) against Bill Clinton was not that he had made unwanted sexual advances on Ms Jones nor was it that he had an affair with an intern. The charge was that he had obstructed justice in the civil suit that Ms Jones brought and that Ms Lewinsky was a co-conspirator, as, for instance, when she gave Linda Tripp the intentionally misleading Talking Points memo. Returning to this original context we can see that his complaint about investigators accessing Ms Lewinsky's emails seems silly. no one believed that she had manufactured this piece of evidence herself, so it made perfect sense to see if someone else was involved in the conspiracy, and had she written it, evidence to that effect on her computer would have been probative in a prosecution of her. Likewise misleading is his attempt to locate an analogous concern for privacy in the case of John Wilkes. This Colonial Era case did rouse the sympathy of the Founders, but that is because Wilkes's papers were taken when he was accused of libeling the King. A pure thought crime, of criticizing authority, obviously bears no relation to obstruction of justice. Revealingly, when he tries to derive a right to privacy, Mr. Rosen cites an 1890 harvard Law Review essay, The Right to Privacy, by Samuel D. Warren and Louis D. Brandeis. This is innovation, not historical precedent and such a "right" has never been codified. It nearly goes without saying that any attempt to amend the Constitution to protect such a "right" today would not only be a political dumpster fire but be unlikely to afford the sorts of protections that this book favors. (Reviewed:) Grade: (C) Tweet Websites:-WIKIPEDIA: Jeffrey Rosen (legal academic) -PODCAST: We the Peopl?e? (Jeffrey Rosen, National Constitution Center) -Jeffrey Rosen, President, National Constitution Center -CONTRIBUTOR PAGE: Jeffrey Rosen (Tech Policy) -CONTRIBUTOR PAGE: Jeffrey Rosen (Reporters Committee for Freedom of the Press) -ENTRY: Jeffrey Rosen (The Federalist Society) -ENTRY: Rosen, Jeffrey 1964- (Encyclopedia.com) -BOOK SITE: The Unwanted Gaze (Penguin Random House) -EXCERPT: Prologue of The Unwanted Gaze This book began as an effort to understand the constitutional, legal, and political drama that culminated in the impeachment and acquittal of President Bill Clinton. But that strange and singular confluence of events prompted me to think about the Clinton impeachment as a window onto a less unusual phenomenon that affects all Americans: namely, the erosion of privacy, at home, at work, and in cyberspace, so that intimate personal information-from diaries, e-mail, and computer files to records of the books we read and the Web sites we brows-is increasingly vulnerable to being wrenched out of context and exposed to the world. What follows is an attempt to explore the legal, technological, and cultural changes that have undermined our ability to control how much information about ourselves is communicated to others. I would also like to explore ways of reconstructing some of the zones of privacy that law and technology have been allowed to invade. -ESSAY: The Purposes of Privacy: A Response (Jeffrey Rosen, George Washington University Law School) -ESSAY: The Brain on the Stand (Jeffrey Rosen, Mar. 11th, 2007, NY Times Magazine) -ESSAY: Brandeis’s Seat, Kagan’s Responsibility (Jeffrey Rosen, July 3, 2010, NY Times) -INTERVIEW: Roberts's Rules: In an exclusive interview, Chief Justice John Roberts says that if the Supreme Court is to maintain legitimacy, its justices must start acting more like colleagues and less like prima donnas (Jeffrey Rosen, JANUARY/FEBRUARY 2007, The Atlantic) -ESSAY: A Liberal-Conservative Alliance on the Supreme Court Against Digital Surveillance: Justices found common ground in asserting the relevance of the Fourth Amendment in the electronic age, even as they cited sharply different rationales (Jeffrey Rosen, NOVEMBER 30, 2017, The Atlantic) -ESSAY: The Dangers of a Constitutional 'Right to Dignity': It may provide support for same-sex marriage, but it also empowers judges to decide whose 'dignity' they wish to prioritize. (Jeffrey Rosen, APRIL 29, 2015, The Atlantic) -ESSAY: Ruth Bader Ginsburg Is an American Hero: She's staying put—and has some choice words for young feminists. An interview (Jeffrey Rosen, September 28, 2014, New Republic) -ESSAY: THE AGONIZER (Jeffrey Rosen, November 3, 1996, The New Yorker) -ESSAY: The New Look of Liberalism on the Court (Jeffrey Rosen, Oct. 5, 1997, NY Times Magazine) -LECTURE: THE NAKED CROWD: BALANCING PRIVACY AND SECURITY IN AN AGE OF TERROR (Jeffrey Rosen, Isaac Marks Memorial Lecture, AZ Law Review) -ESSAY: Reassessing William Howard Taft: Taft is remembered for emphasizing constitutional restraint as President, but he also set aside more public lands and brought more anti-trust suits than his predecessor, Theodore Roosevelt. And he set the standard for integrity and personal conduct in the White House. (Jeffrey Rosen, Winter 2019, American Heritage) -DEBATE: Better More Domestic Surveillance Than Another 9/11 (Intelligence Squared, April 18, 2007) -ONLINE COURSE: Privacy, Property, and Free Speech: Law and the Constitution (Jeffrey Rosen Professor, The George Washington University Law School, The Great Courses) -ESSAY: The End of Obscenity (Jeffrey Rosen, Summer 2004, New Atlantis) -ESSAY: A Watchful State (Jeffrey Rosen, Oct. 7, 2001, NY Times Magazine) -ESSAY: Out of Context: The Purposes of Privacy (JEFFREY ROSEN, SPRING 2001, Social Research) -AUDIO INTERVIEW: Journalist Jeffrey Rosen's article in this coming Sunday's New York Times Magazine is about the CIA's effort to partner with Silicon Valley to develop new anti-terrorist technologies (Fresh Air, APRIL 11, 2002) -ESSAY: The Eroded Self: In cyberspace, there is no real wall between public and private and the version of you constructed out there - from bits and pieces of stray data - is probably not who you think you are. (Jeffrey Rosen, April 30, 2000, NY Times) -ESSAY: Invasion of Privacy on the Internet (Jeffrey Rosen, Britannica Academic) -VIDEO: Gorsuch discusses new book at National Constitution Center: On Constitution Day – Tuesday, September 17, 2019 – Justice Neil Gorsuch joined NCC President Jeffrey Rosen to discuss the justice’s new book, “A Republic, If You Can Keep It.” (National Constiution Center, 9/17/19) -VIDEO: A New Age of Surveillance with Attorney, Writer, Educator Jeffrey Rosen, specialist in The Law and Public Affairs (Open Mind, 2007-09-27) -AUDIO INTERVIEW: Jeffrey Rosen: “The Unwanted Gaze” (Diane Rehm Show, Jun 09 2000, WAMU) -ESSAY: The Right to Privacy (Samuel D. Warren; Louis D. Brandeis, Dec. 15, 1890, Harvard Law Review) -ESSAY: Three Concepts of Privacy (Robert C. Post, Geo. L.J. ) -ESSAY: What Was Privacy? (Lew McCreary, October 2008, Harvard Business Review) -REPORT: The Clinton/Lewinsky Story (PEW RESEARCH CENTER, OCTOBER 20, 1998) -ARCHIVES: Privacy in the Digital Age (NY Times) -ESSAY: The Reinvention of Privacy: It used to be that business and technology were considered the enemies of privacy. Not anymore (TOBY LESTER, MARCH 2001, The Atlantic) -PROFILE: Monica Lewinsky Discusses the Year That Changed Her Life Forever: She talks about 90s culture, politics and the Internet's affect on her life and American history. (Inside Hook, SEPTEMBER 28, 2017) -REVIEW ARCHIVES: Jeffrey Rosen (Kirkus) -ARCHIVES: Jeffrey Rosen (New Republic) -ARCHIVES: Jeffrey Rosen (The Atlantic) -VIDEO ARCHIVES: Jeffrey Rosen (C-SPAN) -REVIEW: of The Unwanted Gaze: The Destruction of Privacy in America by Jeffrey Rosen (Alex Kozinski, NY Times Book Review) -REVIEW: of The Unwanted Gaze (Ronald Turner, UPenn Journal of Labor and Employment Law) -REVIEW: of The Unwanted Gaze (Michael Carney, Santa Clara Law Review) -REVIEW: of The Unwanted Gaze (Publishers Weekly) -REVIEW: of The Unwanted Gaze (Julie E. Cohen, Georgetown University Law Center) -REVIEW: of The Unwanted Gaze (Dan Seligman, Commentary) -REVIEW: of The Unwanted Gaze (Kirkus) -REVIEW: of The Unwanted Gaze (Anita L. Allen, Georgetown Law Journal) -REVIEW: of The Unwanted Gaze (Nadine Strossen, Georgetown Law Journal) -REVIEW: of The Unwanted Gaze (Gary Rosen, WSJ) -REVIEW: of The Unwanted Gaze (David Abel, The Boston Globe) -REVIEW: of The Unwanted Gaze (Journalism Studies) -REVIEW: of The Unwanted Gaze (Marina Bacchetti, Golden Gate University Law Review) -REVIEW: of The Unwanted Gaze (Francine Prose, NY Observer) -REVIEW: of The Unwanted Gaze (Brian Doherty, reason) -REVIEW: of The Supreme Court: The Personalities and Rivalries That Defined America by Jeffrey Rosen (Publishers Weekly) -REVIEW: of The Supreme Court (Kirkus) -REVIEW: of The Most Democratic Branch: How the Courts Serve America by Jeffrey Rosen (Publishers Weekly) -REVIEW: of William Howard Taft by Jeffrey Rosen (Kirkus) -REVIEW: of Louis Brandeis: American Prophet by Jeffrey Rosen (Kirkus) -REVIEW: of Louis Brandeis(Thomas Healy, LA Review of Books) -REVIEW: of The Naked Crowd: RECLAIMING SECURITY AND FREEDOM IN AN ANXIOUS AGE by Jeffrey Rosen (Kirkus) -REVIEW: of The Naked Crowd (Scott Berinato, CSO Online) Book-related and General Links: -ARTICLE: The recording of Trump and Georgia officials was found in the trash of investigator's laptop: CNN (Sarah K. Burris, March 14, 2021, Raw Story) |
Copyright 1998-2015 Orrin Judd
