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40 Wm. & Mary L. Rev. 723 (1998-1999)
Coercing Privacy

handle is hein.journals/wmlr40 and id is 735 raw text is: William and Mary Law Review VOLUME 40 MARCH 1999 NUMBER 3 COERCING PRIVACY ANITA L. ALLEN* INTRODUCTION This Essay advances two propositions about a pair of complex ideas that I will call the liberal conception of privacy and the liberal conception of private choice.' Both ideas will be familiar to anyone who has followed the personal privacy debates in the United States during the past three decades. The liberal conception of privacy is the idea that government ought to respect and protect interests in physical, informational, and proprietary privacy.2 By physical privacy, I mean spatial se- clusion and solitude. By informational privacy, I mean confiden- tiality, secrecy, data protection, and control over personal infor- mation. By proprietary privacy, I mean control over names, like- * Professor, University of Pennsylvania School of Law. J.D., Harvard Law School; Ph.D., University of Michigan. I would like to thank the organizers of the conference Reconstructing Liberalism, sponsored by the Institute of Bill of Rights Law and the Department of Philosophy at the College of William and Mary, for in- viting me to present this paper, and to my former colleagues at the Georgetown University Law Center for help with post-symposium revisions. 1. I put this economical terminology of privacy, and private choice to similar use in Anita L. Allen, Taking Liberties: Privacy, Private Choice, and Social Contract Theory, 56 U. CIN. L. REV. 461 (1987). 2. See id- at 464-66.

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