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Recoding Privacy Law: Reflections on the Future Relationship Among Law, Technology, and Privacy

Recoding Privacy Law: Reflections on the Future Relationship Among Law, Technology, and Privacy

Urs Gasser’s introduction to the Harvard Law Review Forum’s Law, Privacy & Technology Commentary Series sketches the contours of a privacy landscape formed by the historic interplay of technology and society, to which the legal system adapted by forming certain distinctive response patterns. These patterns, Gasser argues, coupled with the prevailing mindset that technology and privacy are adversarial, must be reimagined in the context of the digital revolution and the shifting paradigm of state-centered law to networked governance. This “recoding” of the legal system would leverage digital technologies in service of privacy protection as well as maximize synergies across technical and legal disciplines to craft a system for the digitally connected age that is firmly embedded in and embraces a broader framework of multi-modal, multi-layered, and multi-stakeholder global governance.

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