On Privacy and Technology by Daniel J Solove

 On Privacy and Technology 

by Daniel J. Solove

On Privacy and Technology book cover

Author and Privacy Law Professor Daniel J. Solove

Big thanks to Oxford University Press, Daniel J. Solove, and Book Sirens for providing me with an advanced copy of On Privacy and Technology. This is an important book that deals with an aspect of daily life that touches us all. While our personal information is widely available on many different platforms, people routinely forgo the calls to limit what we share and often exchange access to technology and information for sharing their personal information. As Solove explains throughout the book, since this kind of information and data remains almost like an abstraction, we often do not realize the implications of what we are sharing and how this kind of access to our personal information might impact us in the future. To further complicate this issue, our personal data and information is widely intertwined with digital technology, which is continuously evolving, and now with AI available for everyday users, we will continue to see how our personal information is digested and used by these massive systems. Thankfully, Daniel J. Solove, a legal scholar and professor of Intellectual Property and Technology Law at George Washing University Law School, has written and concise and practical book that defines what privacy is, why it matters to us, and how technology, digital technology in particular, serves as a threat to our privacy. 

As an educator, I really appreciated the organization of this book. Professor Solove presents his argument with some background information about how to think about privacy and technology, which seems to make the abstractions of our privacy more concrete and practical. In part II, he outlines the evolving nature of technology, specifically emphasizing digital technology, and the implications that these changes and its continuing evolution have on our privacy and personal information. The last section focuses on how the law has responded to privacy, and how corporations and other entities typically exploit our lack of concern and indifference to privacy, or maybe the kind of myth of the privacy paradox, to gain power in society. Each section has sub-sections that are brief but frequently contain relevant examples and useful metaphors and analogies to make the ideas and concepts comprehensible and concrete for readers. I also really appreciated that Professor Solove references John Dewey’s influence on his work, and I think that is apparent throughout the book. His frequent metaphors, analogies, and examples of case law, history, and hypotheticals provide practical references that take these kinds of privacy abstractions and illuminate them for a more common audience. It’s not always an easy read, but I think that they provided more relevance and urgency to his arguments. Furthermore, Dewey’s ideas about pragmatism and the application of theory in everyday experience are evident throughout the book. 

There is much to consider throughout the book, and I appreciated how thoughtful Professor Solove is in urging readers to be more attentive to the ways in which they may readily give over personal information for access to digital technology like social media, websites, or other places. Furthermore, I also appreciated that he frequently challenges myths and assumptions about privacy and technology that we often readily accept, but that also leave companies, CEOs, and other institutions less accountable for their misuse or breach of data. In particular, he notes how we often accept that regulations stifle innovation, and that oftentimes when technology changes or evolves, the lack of understanding coupled with a desire to let technology continue to evolve and grow unfettered. This ultimately leaves users at risk, as we can see now how technology is being used in an unfettered way to dismantle government agencies and programs in the name of efficiency and cost. I think that this also aligns with his idea of the myth of technology as a neutral entity, which Professor Solove explains is mythical because there is always a person behind the technology, whether it is a user, a programmer, or some other engineer. Those programs, algorithms, or whatever always have some kind of bias built in, yet we assume that technology is neutral. Furthermore, we assume that technology is infallible and incapable of mistakes, but we can see now how technology in the hands of those who are possibly incompetent, nefarious, or both can wreak havoc on institutions we may rely upon and generally like. 

Other sections detail some of the implications of using our personal data, and how it can affect things like our credit scores, access to loans and housing, and in some extreme nightmare cases, maybe even implicate us in crimes. We also see this happening now as the US government is surveilling international students’ social media and past actions, and with the recent announcement that the state department will begin surveilling foreign visitors. It’s not only shocking but also confusing to see this misuse of technology to surveil tourists, and one can only assume that tourists and other visa applicants will only be the start. It’s also surprising that there is not more consternation and outrage about this surveillance, something we’d expect to see in other countries that the US has typically criticized for their overbearing surveillance and limitation of speech. However, as Professor Solove explains, access to data and limitations to privacy are power; it’s almost like this inverse relationship where the more data and information we share, the less power we have; the less privacy we have, the more power other institutions gain. Think about how powerful social media companies like Meta and X have become as a result of people’s data and their privacy. Professor Solove also notes how perfunctory the kinds of privacy notifications we receive when we sign up for a service; we typically skip over these terms of service and opt in, not really aware of what we are agreeing to share. Professor Solove also notes how even landmark privacy statements like the GDPR in the EU have heightened people’s awareness of digital companies’ data collection, it still lacks enforcement. 

Despite these changes, Professor Solove remains both hopeful and skeptical about the future of laws to help regulate online privacy and protect people. In some ways, it was exciting to read about the opinions of justices like Brandeis and Warren about privacy and the law. I was heartened to hear their views about the kind of expansive or progressive notion of law—how laws, especially those that work with technology, need to not only regulate what is, but also what can be. I’m not sure that many of the current Supreme Court justices would share this view, but it at least points to some precedent and some ways that the law can be forward thinking and less reactive. However, Professor Solove also realizes that people need to be conscious about their rights and the dangers of privacy and data as well. That’s why this book is really important for everyone to read—not just legal scholars, but anyone who has accounts online, who uses the internet, should read through at least some of these sections to help understand the benefits and risks of sharing data and foregoing privacy. Although some people might continue their approach and continue to share their data and private moments of their lives, others may reconsider when they learn how companies use their data and often fail to keep their data and private information insecure. I plan to revisit this book, and I hope to share the risks and concerns with my kids, who are beginning to want their own online accounts. This is a highly important book, written in a straightforward and well-organized and structured manner with great examples, analogies and metaphors to make complex and abstract ideas more relatable and understandable.