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Every day, Internet users interact with technologies designed to undermine
their privacy. Social media apps, surveillance technologies, and the Internet
of Things are all built in ways that make it hard to guard personal
information. And the law says this is okay because it is up to users to protect
themselves―even when the odds are deliberately stacked against them.
In Privacy's Blueprint: The Battle to Control the Design of New Technologies (Harvard UP, 2018), Woodrow Hartzog pushes
back against this state of affairs, arguing that the law should require
software and hardware makers to respect privacy in the design of their
products. Current legal doctrine treats technology as though it were
value-neutral: only the user decides whether it functions for good or ill. But
this is not so. As Hartzog explains, popular digital tools are designed to
expose people and manipulate users into disclosing personal information.
Against the often self-serving optimism of Silicon Valley and the inertia of
tech evangelism, Hartzog contends that privacy gains will come from better
rules for products, not users. The current model of regulating use fosters
exploitation. Privacy’s Blueprint aims to
correct this by developing the theoretical underpinnings of a new kind of
privacy law responsive to the way people actually perceive and use digital
technologies. The law can demand encryption. It can prohibit malicious
interfaces that deceive users and leave them vulnerable. It can require safeguards
against abuses of biometric surveillance. It can, in short, make the technology
itself worthy of our trust.
Jake Chanenson is a computer science Ph.D. student at the University of Chicago. Broadly, Jake is interested in topics relating to HCI, privacy, and tech policy. Jake’s work has been published in top venues such as ACM’s CHI Conference on Human Factors in Computing Systems.