TAP Scholars Ryan Calo, Jeff Rosen, and Peter Swire Discuss the Privacy Paradox

By TAP Staff Blogger
Ryan Calo, Jeff Rosen, and Peter Swire participated in the 2012 Stanford Law Review Symposium which focused on The Privacy Paradox: Privacy and Its Conflicting Values. Co-sponsored by the Stanford Center for Internet and Society, the symposium strove to address the conflict between privacy and our country’s core values, such as the First Amendment and Fourth Amendment. The panels explored the question: how should the legal system adjust to our evolving and at times conflicting expectations of privacy?
In the first panel, Ryan Calo discussed robots, drones, and the civilian uses of military technology. He expanded on the main point from his article, “The Drone as Privacy Catalyst:” “Drones may help restore our mental model of a privacy violation. They could be just the visceral jolt society needs to drag privacy law into the twenty-first century.”
Ryan Calo is the Director of Privacy and Robotics at Stanford’s Center for Internet & Society. His research focuses on the intersection of law and technology. Calo serves on several advisory and program committees, including the Future of Privacy Forum and National Robotics Week; and he co‐chairs the American Bar Association Committee on Robotics and Artificial Intelligence.
Big Data, Politics, and Privacy
In the third panel discussion of the symposium, Professor Peter Swire shared key points from his article, “A Reasonableness Approach to Searches After the Jones GPS Tracking Case.” In this article, he states, “The unanswered questions from the Jones argument thus suggest that the Court is seeking a new, as-yet unarticulated way to constrain police and government discretion to conduct unprecedented surveillance.” Professor Swire concludes:
GPS tracking is merely one example of a new technology or system for gathering and processing information about individuals. Reasonable measures for these technologies should exist to provide the “adequate judicial supervision or protective procedures” that the Court announced as a Fourth Amendment requirement in Berger.
Note: There is no audio or video available from this panel.
Peter Swire is the C. William O'Neill Professor in Law and Judicial Administration at the Moritz College of Law of the Ohio State University. He is internationally recognized as an expert in the fields of privacy, computer security, and the law of cyberspace. Swire served in the Clinton Administration as the Chief Counselor for Privacy in the U.S. Office of Management and Budget.
First Amendment, Tort, and Privacy
In the final panel of the symposium, Professor Jeffrey Rosen explored the European Commission’s recent proposal for a new privacy right –the “right to be forgotten.” In his article, “The Right to Be Forgotten,” Professor Rosen examines the implications of Europe’s new privacy proposal:
In theory, the right to be forgotten addresses an urgent problem in the digital age: it is very hard to escape your past on the Internet now that every photo, status update, and tweet lives forever in the cloud.
Unless the right is defined more precisely when it is promulgated over the next year or so, it could precipitate a dramatic clash between European and American conceptions of the proper balance between privacy and free speech, leading to a far less open Internet.
  • View the video of the First Amendment, Tort, and Privacy discussion. 
Jeffrey Rosen is a professor of law at The George Washington University. His areas of research include Constitutional law, criminal procedure, privacy issues, and privacy of cyberspace. Professor Rosen's essays and commentaries have appeared in the New York Times Magazine, The Atlantic Monthly, on National Public Radio, and in The New Yorker, where he has been a staff writer. The Chicago Tribune named him one of the 10 best magazine journalists in America and the L.A. Times called him "the nation's most widely read and influential legal commentator."
Keynote: Chief Judge Alex Kozinski
The symposium closed with a discussion by Judge Kozinski about new technologies’ impact on privacy law and several recent cases.
Judge Alex Kozinski serves on the United States Court of Appeals for the Ninth Circuit. Appointed by former President Ronald Reagan in 1985, Judge Kozinski has won support from various political groups with his common-sense decisions, libertarian instinct and humorous writing style. Judge Kozinski is a renown essayist, and has won admirers across the political spectrum with his clear and witty writing. His writings have been featured in such publications as Slate, The New Yorker, The New Republic and The National Review.