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12 Colo. Tech. L.J. 333 (2014)

handle is hein.journals/jtelhtel12 and id is 361 raw text is: THE VALUE OF MODEST PRIVACY PROTECTIONS IN A HYPER SOCIAL WORLD WOODROW HARTZOG* INTRODUCTION ............................................... 333 I. A NEW WAVE OF MODEST PRIVACY PROTECTIONS ....... ...... 336 A. Porous Coverage ......................... ...... 338 B. Indirect or Weak Remedies ................... ..... 341 II. WHY SHOULD WE VALUE MODEST PRIVACY PROTECTIONS? ........ 345 A. Heterogeneous Concepts Like Privacy Need Diverse Protections .................................... 347 B. Balance with Competing Values...................... 347 C. Modesty is Palatable......................... 349 CONCLUSION ....................................................... 350 INTRODUCTION Two of the greatest modem challenges to protecting personal in- formation are determining how to protect information that is already known by many and how to create an adequate remedy for privacy harms that are opaque, remote, or cumulative. Both of these challenges are front and center for those who seek to protect socially shared information. So- cial media and wearable communication technologies like Google Glass present vexing questions about whether information that is known by many can ever be private, what the privacy harm might be from this information's misuse, and how to remedy such harms in balance with competing values such as free speech, transparency, and security. Some law and policy makers have responded to the challenge of protecting pri- vacy in an era of massive self-disclosure with relatively modest, piece- meal protections. For example, rather than refrain from collecting or using personal *Assistant Professor, Samford University's Cumberland School of Law; Affiliate Scholar, Center for Internet and Society at Stanford Law School. The author would like to thank Alvaro Bedoya, Paula Bruening, Ryan Calo, Brannon Denning, Michael Hintze, Paul Ohm, Rob Sherman, Harry Surden, and the participants of The New Frontiers of Privacy Harm Event hosted by the Silicon Flatirons Center. 333

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