Analyzing the ‘You Have Nothing to Hide’ Argument

Analyzing the ‘You Have Nothing to Hide’ Argument

In this short essay, written for a symposium in the San Diego Law Review, Professor Daniel Solove examines the nothing to hide argument.  When asked about government surveillance and data mining, many people respond by declaring: “I’ve got nothing to hide.”  According to the nothing to hide argument, there is no threat to privacy unless the government uncovers unlawful activity, in which case a person has no legitimate justification to claim that it remain private.  The nothing to hide argument and its variants are quite prevalent, and thus are worth addressing.  In this essay, Solove critiques the nothing to hide argument and exposes its faulty underpinnings.

Ham Sandwhich Nation: Due Process When Everything is a Crime

Ham Sandwhich Nation: Due Process When Everything is a Crime

“Though extensive due process protections apply to the investigation of crimes, and to criminal trials, perhaps the most important part of the criminal process — the decision whether to charge a defendant, and with what — is almost entirely discretionary.  Given the plethora of criminal laws and regulations in today’s society, this due process gap allows prosecutors to charge almost anyone they take a deep interest in.  This Essay discusses the problem in the context of recent prosecutorial controversies involving the cases of Aaron Swartz and David Gregory, and offers some suggested remedies, along with a call for further discussion.”