Most people believe that our rights to privacy and free speech are inevitably in conflict. Courts all over the world have struggled with how to reconcile the two for over a century, and the rise of the Internet has made this problem more urgent. We live in an age of corporate and government
surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, filled with hurtful and harmful expression and data flows. In Intellectual Privacy, Neil Richards offers a solution that ensures that our ideas and values keep pace with our technologies.
Because of the importance of free speech to open societies, he argues that when privacy and free speech truly conflict, free speech should almost always win. But in sharp contrast to conventional wisdom, Richards argues that speech and privacy are only rarely in conflict. True invasions of privacy
like peeping toms or electronic surveillance should almost never be protected as "free speech." And critically, Richards shows how most of the law we enact to protect online privacy poses no serious burden to public debate, and how protecting the privacy of our data is not censorship.
A
timely and provocative book on a subject that affects us all, Intellectual Privacy will radically reshape the debate about privacy and free speech in our digital age.
Introduction
Part One: Tort Privacy
1. Tort Privacy
2. Speech
3. Disclosure
4. Invasion
5. Data
Part Two: Intellectual Privacy
6. Intellectual Privacy
7. Thinking
8. Reading
9. Confiding
Part Three: Information Policy and Civil Liberties
10.
Beyond Tort Privacy
11. Beyond Law
12. Conclusion
Acknowledgements
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Neil Richards is a Professor of Law at Washington University in St. Louis, where he teaches and writes about privacy, technology, and civil liberties. He was born in England and educated in the United States, where he earned a B.A. from George Washington University, and graduate degrees in law
and history from the University of Virginia. Before becoming an academic, he practiced law in Washington, D.C., and served as a law clerk to William H. Rehnquist, Chief Justice of the United States.
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