From the report: "Legal
scholarship tends to conflate privacy and security. However, security and
privacy can, and should, be treated as distinct concerns. Privacy discourse
involves difficult normative decisions about competing claims to legitimate
access to, use of, and alteration of information. It is about selecting among
different philosophies, and choosing how various rights and entitlements ought
to be ordered. Security implements those choices – it intermediates between
information and privacy selections. This Article argues separating privacy from
security has important practical consequences. Security failings should be
penalized more readily, and more heavily, than privacy ones, because there are
no competing moral claims to resolve, and because security flaws make all
parties worse off. Currently, security flaws are penalized too rarely, and
privacy ones too readily. The Article closes with a set of policy questions
highlighted by the privacy versus security distinction that deserve further
research." Read more
