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47 J. Legis. 1 (2021)

handle is hein.journals/jleg47 and id is 1 raw text is: CYBER-SECURITY, PRIVACY, AND THE COVID-19
Vincent J. Samar*
[G]overnment of the people, by the people, and for the people shall
not perish from the earth.
Abraham Lincoln'
Large-scale data brokers collect massive amounts of highly personal consumer
information to be sold to whoever will pay their price, even at the expense of
sacrificing individual privacy and autonomy in the process. In this Article, I will
show how a proper understanding and justification for a right to privacy, in context
to both protecting private acts and safeguarding information and states of affairs for
the performance of such acts, provides a necessary background framework for
imposing legal restrictions on such collections. This problem, which has already
gained some attention in literature, now becomes even more worrisome, as
government itself becomes a consumer of this information to fight off a domestic
instantiation of the global Covid-19 pandemic. This Article proposes some definite
ways in which the courts and Congress might limit both the private sector and the
government's use of such data to ensure individual autonomy will not be sacrificed.
. Vincent J. Samar is a Lecturer in Philosophy at Loyola University Chicago, an Associate Faculty Member
in the Graduate School, and an Adjunct Professor of Law at Loyola University Chicago Law School. He is the
author of Justifying Judgment: Practicing Law and Philosophy, The Right to Privacy, as well as more than thirty-
five articles, mostly in law reviews, covering a wide range of issues related to legal and human rights. He has
authored three book chapters and is the editor of The Gay Rights Movement, a compilation of articles from the
New York Times. The author would like to thank Professor Thomas Derdak of the Loyola University Chicago
Philosophy Department for suggesting that the author might have something to say on the important topic of
privacy in the context of cyber-security. The author also thanks Professor Mark Strasser of Capital University
Law School for his very helpful comments on an earlier version of this Article.
Gettysburg Address (Nov. 19, 1863).

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