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Document Type

Note

Publication Date

2-15-2019

Publication Citation

26 Indiana J. Global Legal Studies 335 (2019)

Abstract

Since the nineteenth century, privacy concerns have increased with the growth of technology. The invention of instantaneous photography, coupled with the enlarged presence of press, was met with concerns of degraded privacy. Society has formed expectations of privacy, but as time passes, those expectations continue to diminish. Younger generations have been socialized to accept lessened levels of privacy in this digitalized world of mass data and connectivity.

Individual privacy expectations vary globally. The construction of China's government and culture produces a lesser expectation of individual privacy than that of the United States. As outlined in the U.S. Constitution, U.S. citizens expect freedom from government surveillance without an authorized warrant, which is inconsistent with the privacy expectations of Chinese citizens.

This essay first discusses an article by Cyrus Farivar, followed by an article by Ava Kofman, I both of which relate to mass data collection in the United States. This note will discuss how the expectation of privacy continues to diminish as younger generations are being socialized to willingly accept a lesser degree of individual privacy. Additionally, this note will examine an article by Rachel Botsman which describes a Chinese mass data collection initiative currently underway that-were it to be implemented in the United States-would perceivably be categorized as a farfetched, outrageous initiative. Finally, this essay analyzes the grave effects new technologies and practices will have on diminishing privacy and asserts that China's perceivably outrageous mass data collection practices would survive U.S. constitutional bars if the current constitutional doctrine is applied.

Available for download on Saturday, February 15, 2020

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