A Review of Solove’s Book on Privacy & Security
This book focuses on the argument that privacy does not have to be a direct tradeoff for security. Solove discusses the misconceptions that are present among the masses in our U.S society regarding privacy and security. He presents his views in contrast to other views, and argues for his points using the constitutional amendments, facts, and statistics. The book is really easy to read. It does not overwhelm the reader with political and legislative jargon. It uses language that is very understandable for the general adult population. The book has dual purpose. On one side, the author informs the reader of the current status of U.S citizen privacy and security rights, and what could be done to improve the current situation. On the other side, the purpose is to persuade the reader that the current way the privacy of citizens is being handled is unacceptable, and regulation needs to be turned up.
The book is broken down into 4 main sections or points that Solove presents and defends. Part one “How We Should Asses and Balance the Values of Privacy and Security” focuses on defining what security and privacy is (Solove 19). Here he argues that privacy is not just an individual right and that deference due to desperation or incompetence is dangerous. Part two focuses on how current laws regarding privacy should be handled or changed during times of crisis, such as matters related to national security. Here Solove showcases his knowledge regarding the topic of focus, from all sides. He shows that he is aware and not ignorant of other views by presenting arguments that are against his such as the pendulum, national security, and war-power arguments. He evaluates what they realistically accomplish to understand if they provide a valid basis for comprising privacy in the name of security.
Part three focuses on the constitutional rights that we have as citizens and how the constitution should be used to protect privacy. Solove talks about the current applications of the 4th amendment for evaluating privacy claims and whether certain things should be changed. For example, he calls for the analysis of the first amendment and the exclusionary rule. Should the exclusionary rule be kept and is the first amendment more applicable to analyzing privacy and security matters? The last and final main point Solove makes, is regarding new technologies, and how the current laws need to be changed to accommodate changing technology. Solove calls for laws that are more flexible and updated to match evolving technology “We need surveillance law that is flexible enough to respond to emerging technologies” (Solove 171). He argues that the 4th amendment is not suitable for analyzing privacy and security because technology has grown outside the domains of the home (Solove 171).
Solove did a great job structuring his arguments. He presented his views supported by quotes from politicians, government workers such as FBI and CIA agents, and excerpts from the constitution. All these sources are applicable, credible, and valuable to the subject of privacy and security rights and laws. The plethora of sources and quotations shows the real complexity of the arguments related to the 4 points he discussed. By having such a degree of access to cited information in the context of the reading, the reader is introduced to the subject with inspired confidence, knowing that what he or she is reading is trustworthy information. This allows the reader to understand the current situation regarding the subject of focus. It allows one to see what we have to work with currently in our legal system and allows us to develop our own opinions about the subject, by analyzing the information.
The information is well researched. For each quote the name of the speaker is present, their title or affiliation, and dates. All the references are cited and present in the last pages of the book, for a critical reader to verify if need be. Solove is very knowledgeable in the subject of focus. He provides a lot of information, from credible governmental sources regarding different acts and their background information, such as dates employed, reasons for developing, and surrounding issues. He succeeds in tackling many points of views that may be presented against his, by providing enough credible qualitative and quantitative data to make his case. The book is goal orientated because it clearly focuses on discussing the 4 main points, separately in each section, without deviation from the topic. It evades presenting unnecessary information that is not relative. It keeps the train of thought continuously flowing by focusing on one topic at a time with supporting arguments, to the next.
In our class “Searching for Information”, we learned about the different methods to gather information, both general and credible. With that said, this book is of great relevance to us because it talks about various methods that can be used to find information about people. However, the focus is within the context of resources available to the government, in accessing information on people that they deem suspicious. Also, in the class we talked about advanced search options with Google and the use/meaning of URL’s, which are also discussed in the book. In fact, they are used by the government to find information about people. The difference is the government can use the same resources, but it has a greater arm to extend into those resources to get exactly what it wants to know. In class we talked about the importance of libraries and learned about how they are here to stay. Solove backs this up by using the example of the Patriot Act in his book. It turns out the Patriot Act cannot be used to obtain library records for books, thanks to a extensive campaign mounted by The American Library Association (Solove 163). This proves that the library has strong influence in today’s society and despite new technologies, is a valuable avenue of accessing information.
Overall, the book proved to be a very enjoyable read. It informed me about lot of things that I was unaware of. I learned about the access that the government has to our personal information and the current laws that regulate that access, as well as the justification for them. I was surprised to find out some of these justifications. The strengths of the book were the the extended use of credible sources with direct quotations, arguments with multiple perspectives presented, and a focus on the main points without deviation. As an honest reviewer of this book, I cannot say that I found anything that I disliked about it. However, I imagine that for some people the referenced information from governmental sources might have been hard to understand, but Solove balances this out by explaining what they mean. In conclusion, I highly recommend this book to anyone who wishes to learn about the privacy that you have today, living in the U.S.