Technology

Thanks to Susan Cohen, Oscar Gandy, Ian Kerr, David Phillips, Neil Richards, Rebecca Tushnet, participants in the Unblinking Workshop at UC Berkeley, and participants in The University of Chicago Law School’s Surveillance Symposium for their comments on an earlier version of this paper, to Kirstie Ball for sharing her work in progress on exposure as an organizing concept for surveillance, and to Amanda Kane and Christopher Klimmek for research assistance.

I thank A.J. Bellia, Susan Freiwald, Nicole Garnett, John Nagle, Ira Rubenstein, and Paul Schwartz for helpful comments and discussions, and research librarian Christopher O’Byrne for expert research assistance.

Much appreciation to Colin Bennett, Malcolm Crompton, Peter Cullen, Lauren Edelman, Robert Gellman, Chris Hoofnagle, Robert Kagan, Jennifer King, Anne Joseph O’Connell, Fred B. Schneider, Ari Schwartz, Paul Schwartz, and the participants at The University of Chicago Law School’s Surveillance Symposium for insight, comment, and discussion; Nuala O’Connor Kelly and Peter Swire for consenting to be interviewed about their experience in privacy leadership roles within the United States government; Sara Terheggen, Marta Porwit Czajkowska, Rebecca Henshaw, and Andrew McDiarmid for their able research.

I greatly benefited from a presentation of this Review to a faculty workshop at UCLA School of Law. Many thanks to the faculty there for their helpful comments, and to Jon Michaels and the faculty colloquium committee for the invitation. Thanks as well to Viktor Mayer-Schönberger and Frank Zimring for their suggestions. In the interest of full disclosure, I wish to note that Professor Solove and I are coauthors on a casebook, Information Privacy Law (Aspen 3d ed 2009).

I am grateful to participants at the AALS section on Commercial Law and Related Consumer Law, Barry Adler, Oren Bar-Gill, Yannis Bakos, Kevin Davis, Clay Gillette, Lewis Kornhauser, Roberta Romano, and Jeff Wurgler for helpful comments. Mangesh Kulkarni provided excellent research assistance.

The authors thank George Hay, Stewart Schwab, and the faculties of Boston University School of Law and Cornell Law School for their comments. Daniel Forester provided excellent research assistance.

Thanks to Ty Alper, Michelle Wilde Anderson, Robert Bartlett, Holly Doremus, Dan Farber, Prasad Krishnamurthy, Brian Leiter, Katerina Linos, Prasad Krishnamurthy, Anup Malani, Emily Hammond Meazell, Martha Nussbaum, Dave Owen, Eric Posner, Bertrall Ross, Adam Samaha, Joseph Sax, Eleanor Swift, David Takacs, David Weisbach, David Winickoff, and Katrina Wyman, and participants at workshops at UC Berkeley School of Law, the University of Chicago Law School, the University of Maine School of Law, the Law and Society Association 2011 Annual Meeting, and the Colloquium on Environmental Scholarship at Vermont Law School for helpful comments. Thanks to Santosh Sagar, Jill Jaffe, Jennifer Aengst, Zachary Markarian, and Jessica Cheng for research assistance.