It summarizes the familiar narrative of how more and more activities generate digital data records, often held by third parties, that are conveniently available for surveillance and analysis by government. Part I of the paper describes how digital network technology threatens privacy. Digital network technology has brought enormous benefits, but digital divergence threatens both privacy and security. It argues that advancing technology increases what I refer to as “digital divergence,” making it easier for informed and motivated individuals, groups, and governments to defeat surveillance, commit misconduct, and avoid attribution, but harder for everyone else to protect against such misconduct and to control their own personal data. It considers these effects from the perspectives of privacy and security, develops and synthesizes fragmented aspects of the latter perspective, and identifies elements common to both. This paper addresses the effects of digital network technology on statutory and constitutional law. Kris also served as assistant attorney general for national security, the presidentially appointed and Senate-confirmed head of the Justice Department’s National Security Division. Kris, executive vice president and general counsel at Intellectual Ventures. few items per MBOX file format using the free version, with the freeware edition. There is a free version available for testing software features and capabilities. Top Software Keywords Show more Show less
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