Waiving Our Rights

The Personal Data Collection Complex and Its Threat to Privacy and Civil Liberties

Orlan Lee

The United States is not a police state, but Congress is subject to special interests lobbying in pursuit of abusive commercial practices that leave a lot to be desired for transparency and accountability. It is illegal to data-mine personal files held by government agencies, schools and universities, or medical facilities. It is illegal to collect and publish defamatory gossip and hearsay about private citizens. But it is legal to oblige Americans to “waive” their rights to privacy and their right to sue for invasion of privacy for defamation by anonymous third-parties in order to receive essential services or apply for employment.

Americans are obliged to “waive” their rights in essentially all applications for employment, credit, housing, public utilities, telephone or mobile phone service, internet access, and even cable TV connection. The law requires “notice and consent” whenever such waivers are included in employment applications, but consumer reporting agencies have learned to use deceptive methods to avoid drawing the attention of applicants to the meaning and consequence of such language. Recent law dispenses with “notice and consent” for private-eye quasi-criminal investigations of “suspected misconduct” by an employee altogether. In effect, this bypasses "probable cause," "innocent until proven guilty," the "right to know the nature of an accusation," the "right to confront witnesses," the "rule against double jeopardy," and the "right to sue for defamation, and/or interference with employment." Orlan Lee questions the validity of any such "waivers," and seeks to alert Americans to the need to protect their fundamental rights.

Lexington Books

Pages: 306 •

978-0-7391-6799-1 • Hardback • March 2012 • $135.00 • (£104.00)

978-0-7391-8811-8 • Paperback • October 2013 • $54.99 • (£42.00)

978-0-7391-7262-9 • eBook • March 2012 • $52.00 • (£40.00)

Subjects: Political Science / Civil Rights, Political Science / Intelligence & Espionage, Political Science / Terrorism, Political Science / Public Policy / Economic Policy

Waiving Our Rights

The Personal Data Collection Complex and Its Threat to Privacy and Civil Liberties

Hardback

Paperback

eBook

Summary

The United States is not a police state, but Congress is subject to special interests lobbying in pursuit of abusive commercial practices that leave a lot to be desired for transparency and accountability. It is illegal to data-mine personal files held by government agencies, schools and universities, or medical facilities. It is illegal to collect and publish defamatory gossip and hearsay about private citizens. But it is legal to oblige Americans to “waive” their rights to privacy and their right to sue for invasion of privacy for defamation by anonymous third-parties in order to receive essential services or apply for employment.

Americans are obliged to “waive” their rights in essentially all applications for employment, credit, housing, public utilities, telephone or mobile phone service, internet access, and even cable TV connection. The law requires “notice and consent” whenever such waivers are included in employment applications, but consumer reporting agencies have learned to use deceptive methods to avoid drawing the attention of applicants to the meaning and consequence of such language. Recent law dispenses with “notice and consent” for private-eye quasi-criminal investigations of “suspected misconduct” by an employee altogether. In effect, this bypasses "probable cause," "innocent until proven guilty," the "right to know the nature of an accusation," the "right to confront witnesses," the "rule against double jeopardy," and the "right to sue for defamation, and/or interference with employment." Orlan Lee questions the validity of any such "waivers," and seeks to alert Americans to the need to protect their fundamental rights.

Details

Lexington Books

Pages: 306 •

978-0-7391-6799-1 • Hardback • March 2012 • $135.00 • (£104.00)

978-0-7391-8811-8 • Paperback • October 2013 • $54.99 • (£42.00)

978-0-7391-7262-9 • eBook • March 2012 • $52.00 • (£40.00)

Subjects: Political Science / Civil Rights, Political Science / Intelligence & Espionage, Political Science / Terrorism, Political Science / Public Policy / Economic Policy

Author

Orlan Lee is professor in the School of Management of the New York Institute of Technology, and life member of Clare Hall in the University of Cambridge.

Table of Contents

Preface:Crisis in the Personal Data CollectionComplex
Acknowledgments
Chapter 1: What Ever Became of the Fourth, Fifth, and Sixth Amendments?
Chapter 2: From:“Collecting and Transmitting Credit Information,”
To: “Assessing, Attitude, Motivation, and Behavior”
Chapter 3: Arbitrary and Capricious Standards Will Be Used Arbitrarily and Capriciously
Chapter 4: Validity of “Voluntary Waiver” of Basic Civil and Constitutional Rights in Employment and Financial Transactions
Chapter 5: Making a Mockery of “Liberty of Contract”
Chapter 6: Can Congress Authorize a Secret Proprietary Masterfile on Every American?
Afterword: The New Frontier of Civil Liberties: Mandatory “Voluntary Waivers” of Civil and Constitutional Rights:
Appendix A: A liberal American University Goes Over to Lifetime Surveillance
Appendix B: InfoLink’s List of Federal/State/Court Credit Bureau Files Searches with Their Descriptions
Appendix C: Consent to Ongoing Surveillance by Mobile Phone Operators, Public Utilities Companies, TV Cable Companies, Internet Service Providers, . . .
Appendix D: Model Authorization to Verify Information
The Author
Index of Names
Index of Cases
Index of Statutes

Reviews

Examines cases and the legality of privacy of government-held information vs. the continual 'waiving of rights' associated with third parties that collect information and sidestep legal responsibility.
— Library Journal

This book by Orlan Lee is a fine piece of research work on personal data collection practices in the USA. It presents a strong statement for stricter data protection rules in the USA where the personal data gathering industry has gone wild and no proper safeguards exist.
— Jusletter IT Die Zeitschrift für IT und Recht

Lee emphasizes the importance of waivers being both voluntary and informed.... There is much interesting descriptive material in the book, and the author is clearly justifiably disturbed by the practices of CRAs.
— International Data Privacy Law