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Privacy laws, much like noise ordinances and pollution regulations, are emergent responses to novel threats and ills.

In a world without the printing press, anti-libel laws didn't exist. In a world without photography, rights to personal image and freedom from invasive shutterbugs didn't esist. Anti-wiretapping and phone-recording restrictions were necessitated by the telephone. The Bork bill protecting the sanctity of ... video store rental records ... was necessitated by videocassette technology, a video rental market, Supreme Court nomination hearings, chatty store clerks, and newspapers interested in publishing such details.

As technologies tear down and penetrate the long-standing barriers to snooping, recording, transmitting, analyzing, and acting on what had always. been personal and private behaviours, societies turn to law to reinstitute those protections.

Privacy is an emergent phenomenon and a direct response to intrusions.



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