David Gray, Danielle Citron, Addressing the Harm of Total Surveillance: A Reply to Professor Neil Richards

126 Harvard Law Review Forum 262 (2013)


“In his insightful article The Dangers of Surveillance, 126 HARV. L. REV. 1934 (2013), Neil Richards offers a framework for evaluating the implications of government surveillance programs that is centered on protecting “intellectual privacy.” Although we share his interest in recognizing and protecting privacy as a condition of personal and intellectual development, we worry in this essay that, as an organizing principle for policy, “intellectual privacy” is too narrow and politically fraught. Drawing on other work, we therefore recommend that judges, legislators, and executives focus instead on limiting the potential of surveillance technologies to effect programs of broad and indiscriminate surveillance.”

The full text is available at http://digitalcommons.law.umaryland.edu/fac_pubs/1331/