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47 Loy. U. Chi. L.J. 437 (2015-2016)
The Transparent Citizen

handle is hein.journals/luclj47 and id is 461 raw text is: The Transparent Citizen Joel R. Reidenberg * This Article shows that the transparency ofpersonal information online through ubiquitous data collection and surveillance challenges the rule of law both domestically and internationally. The Article makes three arguments. First, the transparency created by individuals' interactions online erodes the boundary between public and private information and creates a transparent citizen. Second, the transparent citizen phenomenon undermines the state's faithfulness to the ideals of the rule of law and to citizens' respect for the rule of law. Transparency enables government to collect and use personal information from the private sector in ways that circumvent traditional political and legal checks and balances. Transparency encourages the development of anonymity tools that empower wrongdoers to evade legal responsibility and the rule of law. And, transparency puts national security, public safety, and legal institutions at risk in ways that will jeopardize and corrode the public's faith in the rule of law. Third and lastly, transparency challenges international norms and data flows. National data privacy law is anchored in local constitutional culture and the transparency of personal information across borders creates deep-seated political instability that will only be resolved through political treaties. I. FROM TRANSPARENT PERSONAL INFORMATION TO THE TRANSPARENT CITIZEN........................ .......... 440 * C 2015. Joel R. Reidenberg. All rights reserved. A.B. Dartmouth; J.D., Columbia; Ph.D, Universite de Paris-Sorbonne. Stanley D. and Nikki Waxberg Professor of Law and Founding Director, Center on Law and Information Policy, Fordham University School of Law. I am indebted to Dan Solove for a discussion a number of years ago that inspired this Article and for the Loyola University of Chicago Law Journal for giving me the opportunity to present this work at the symposium. Work on this Article was supported by a faculty fellowship and summer research grant from Fordham University. Many thanks for helping me refine these thoughts over a number of years go to workshop participants at the Nobel Prize Week Public Service Summit, the Fordham Faculty Workshop, the Harvard Berkman Center Law Lab, the NYU Information Technology & Society Colloquium, the University of Pennsylvania CTIC Faculty Workshop, the Boalt Hall-GWU Privacy Law Scholars Conference, and especially Steve Bellovin, Danielle Citron, John Clippinger, Julie Cohen, Devan Desai, Ed Felten, Urs Gasser, Rebecca Hulse, Alexandra Lahav, Andrea Matwyshyn, Dierdre Mulligan, Helen Nissenbaum, John Palfrey, Paul Schwartz, Christopher Yoo, Ian Weinstein and Benjamin Zipursky. I would also like to thank Katherine Lenahan for providing excellent research assistance and Yehuda Hatsvi for fmding several key quotes. Any errors and omissions remain the sole responsibility of the author. 437

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