Privacy law has always been a complex, knotty subject, even before the advent of the Internet exploded all we thought we knew. Over the last 10 or 15 years, the topic of privacy as an academic focus, a professional discipline and an area of public debate has reached a prominence experienced by few other areas of law. Despite all of the attention, privacy is also one of the most contentious areas of law. Well-educated, highly intelligent theorists and practitioners find ways to disagree on nearly every aspect of the field, up to and including the very definition of the word.
There is, however, one thing nearly everyone agrees on: more than ever before, it is impossible to coherently discuss privacy without also discussing the underlying technology. While technology does play a role in other areas of law and policy—for example, the impact of advancements in automotive design on vehicle safety regulations—outside of privacy, there are few other areas of law in which the technical aspects can have such a direct, immediate and powerful effect.
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