What do you think?
Rate this book
Habeas Data: Privacy vs. the Rise of Surveillance Tech
A book about what the Cambridge Analytica scandal That surveillance and data privacy is every citizens’ concern
An important look at how 50 years of American privacy law is inadequate for the today's surveillance technology, from acclaimed Ars Technica senior business editor Cyrus Farivar.Until the 21st century, most of our activities were private by default, public only through effort; today anything that touches digital space has the potential (and likelihood) to remain somewhere online forever. That means all of the technologies that have made our lives easier, faster, better, and/or more efficient have also simultaneously made it easier to keep an eye on our activities. Or, as we recently learned from reports about Cambridge Analytica, our data might be turned into a propaganda machine against us. In 10 crucial legal cases, Habeas Data explores the tools of surveillance that exist today, how they work, and what the implications are for the future of privacy.
305 pages, Kindle Edition
Published May 8, 2018
About the author
Cyrus Farivar
3 books5 followersCyrus Farivar is the Senior Business Editor at Ars Technica and the author of The Internet of Elsewhere. He is also a radio producer and has reported for the Canadian Broadcasting Corporation, National Public Radio, Public Radio International, The Economist, Wired, The New York Times, and others.
Ratings & Reviews
Friends & Following
Create a free account to discover what your friends think of this book!
Community Reviews
Displaying 1 - 24 of 24 reviews
September 14, 2019
Surveillance law needs to catch up with the times. The fact that the government has been violating our privacy in ways many of us don’t understand is just disgusting. The most difficult part is not knowing which of these privacy-invasive activities the government is actually doing, and how we can even work on creating the right laws to end them. Some Big Brother shit is happening. George Orwell knew what the fuck was up when he wrote 1984, and thats on PERIODT.
October 30, 2018
At the core of this book lays a simple but important question: is the law enforcement allowed to capture and review your digital data in the absence of a specific warrant, issued by a judge, who in turn sees probable calls and approves it?
The book is broken down into chapters, each one of them covering a high-profile case such as the iPhone in the San Bernardino case, license plate readers, and the usage of GPS recorders.
For instance, it is understood that if you are under arrest, the police can go through your pockets and backpack without a warrant, just by virtue of ensuring safety and preserving evidence the arrested might have on him. But what happens with your smart phone? Should it fall with the elements that can be searched upon arrest without a warrant?
Similarly, license plates readers automate data collection taking advantage of the lack of privacy expectations when outside. Because of that expectation of no privacy, police can follow on the street you without a warrant. Now the question is, can the police "automate the action of following you" and install a GPS tracker in your car without a warrant? after all, there is no expectation of privacy outside. This is the kind of dilemmas the book describes.
This book is not for everyone, at times it was hard to follow due to the very detailed description of existing jurisprudence. Other times because of long descriptions of characters in the story.
In sum, it would benefit from extensive editing for clarity, while keeping all the content and main ideas.
The book is broken down into chapters, each one of them covering a high-profile case such as the iPhone in the San Bernardino case, license plate readers, and the usage of GPS recorders.
For instance, it is understood that if you are under arrest, the police can go through your pockets and backpack without a warrant, just by virtue of ensuring safety and preserving evidence the arrested might have on him. But what happens with your smart phone? Should it fall with the elements that can be searched upon arrest without a warrant?
Similarly, license plates readers automate data collection taking advantage of the lack of privacy expectations when outside. Because of that expectation of no privacy, police can follow on the street you without a warrant. Now the question is, can the police "automate the action of following you" and install a GPS tracker in your car without a warrant? after all, there is no expectation of privacy outside. This is the kind of dilemmas the book describes.
This book is not for everyone, at times it was hard to follow due to the very detailed description of existing jurisprudence. Other times because of long descriptions of characters in the story.
In sum, it would benefit from extensive editing for clarity, while keeping all the content and main ideas.
July 18, 2018
I found this a fascinating and well-written book. I work in IT dealing with eDiscovery, records management, and archiving. I have an interest in how the laws on privacy impacts the electronic traces we leave behind in the world, often hidden in the corporate repositories I work with. And, I have some history reading mysteries and watching Perry Mason, so there’s an interest in the law. “Habeas Data” provides details on the issues I face at work, and does it in an approachable style, a mix of “Perry Mason” and Malcolm Gladwell. The author discusses a number of legal cases in the history of privacy and surveillance in the US. Some I had heard of, some not, but all are told as stories. Also, because the issues in privacy are being caused by the indelible march of technology, the author describes the technology of the time of each case, and also reflects on how that technology has changed since the original case. The oldest cases covered are a few decades old, the newest just a year or two – relatively fresh out of the headlines (think 2016 elections). It seems that a big issue, perhaps the biggest issue enabled by this march of technology is the incredible volumes of information we now routinely carry. Court decisions that allowed, say, search of the photos in the pockets of a suspect back in the 50s now don’t (or may not) allow search of photos in an iPhone in the pocket of a suspect, in part because there’s just too many photos for a person to consider searchable, and too much of their life enclosed in that piece of metal, plastic, and glass. While the increasing issues of privacy are troubling, “Habeas Data” provides the background to understand how changes in technology have driven changes and new definitions in law. If you have an interest in the topic of the legal aspects of privacy and surveillance in our modern world (from the American perspective), this is an excellent book.
November 7, 2019
Really good overview of the history of the Fourth Amendment as it pertains to 21st century surveillance. The author's ability to explain both the legal and technological facets was great. However, the title is a misnomer as the book is primarily about surveillance, not data. It doesn't address questions of whether the government should be allowed to data mine, retain information, search private databases etc.
It also doesn't really deal with non-government surveillance or data-rights as property rights
It also doesn't really deal with non-government surveillance or data-rights as property rights
May 22, 2019
Good presentation of current computer privacy issues from a US legal perspective. Covers third-party doctrine, the difference in kind (due to quantity, etc.) of digital surveillance, particularly mobile phones, and various other privacy concerns. More aimed at professionals and academics than end-users, but it's a solid presentation of current state of play as well as what legal questions will need to be decided over the next few years.
February 8, 2021
I purchased my own copy to write the definitions of words I didn't understand on the page, which I think helped me much better than when I would copy words into notebooks when I was using the library.
There were three: abrogate (which is also a super-snazzy GRE word! ♥). recuse, and writ.
Abrogate: to abolish by formal or official means; annul by an authoritative act; repeal:
to abrogate a law.
to put aside; put an end to.
Recuse: to reject or challenge (a judge, juror, or attorney) as disqualified to act in a particular case, especially because of potential conflict of interest or bias.
to disqualify or withdraw (oneself or someone else) from any position of judging or decision-making so as to avoid a semblance of personal interest or bias:
The senator has recused himself from the vote because of his prior association with the company.
verb (used without object), re·cused, re·cus·ing.
to withdraw from any position of judging or decision-making so as to avoid a semblance of personal interest or bias.
Writ: Law.
a formal order under seal, issued in the name of a sovereign, government, court, or other competent authority, enjoining the officer or other person to whom it is issued or addressed to do or refrain from some specified act.
(in early English law) any formal document in letter form, under seal, and in the sovereign's name.
something written; a writing:
sacred writ.
I took the GRE in the course of reading this text. Later on, I have been pondering taking the LSAT, but maybe not right now, as it is such an expensive endeavour. I need to get my periodic migraine issue under better control. I remember how vexing taking the GRE was - the latter third of it had become more of a marathon to the end than a test of knowledge.
However, I think to myself, there are people out there who might benefit from what I can do... I am conflicted.
In any event, the topic of this text is how excessive technology usage has become pervasive by authority figures.
I decided enough of that since it is just making me paranoid to check my phone.
There were three: abrogate (which is also a super-snazzy GRE word! ♥). recuse, and writ.
Abrogate: to abolish by formal or official means; annul by an authoritative act; repeal:
to abrogate a law.
to put aside; put an end to.
Recuse: to reject or challenge (a judge, juror, or attorney) as disqualified to act in a particular case, especially because of potential conflict of interest or bias.
to disqualify or withdraw (oneself or someone else) from any position of judging or decision-making so as to avoid a semblance of personal interest or bias:
The senator has recused himself from the vote because of his prior association with the company.
verb (used without object), re·cused, re·cus·ing.
to withdraw from any position of judging or decision-making so as to avoid a semblance of personal interest or bias.
Writ: Law.
a formal order under seal, issued in the name of a sovereign, government, court, or other competent authority, enjoining the officer or other person to whom it is issued or addressed to do or refrain from some specified act.
(in early English law) any formal document in letter form, under seal, and in the sovereign's name.
something written; a writing:
sacred writ.
I took the GRE in the course of reading this text. Later on, I have been pondering taking the LSAT, but maybe not right now, as it is such an expensive endeavour. I need to get my periodic migraine issue under better control. I remember how vexing taking the GRE was - the latter third of it had become more of a marathon to the end than a test of knowledge.
However, I think to myself, there are people out there who might benefit from what I can do... I am conflicted.
In any event, the topic of this text is how excessive technology usage has become pervasive by authority figures.
I decided enough of that since it is just making me paranoid to check my phone.
January 10, 2024
Pretty interesting book on the overreach of police and the court's inability to keep up with fourth amendment protections in the era of modern technology. Only hints of libertarian foolishness. Mainly exceedingly well told and very well reported.
I'll say I entered this book out of interest. I guess I'd prefer that police didn't overstep their bounds, but it is not something I spend a lot of time thinking about. I certainly wouldn't describe myself as a privacy advocate. I found, within that context, that I generally agreed with the book, and it helped illuminate a point I don't think a ton about. It didn't try to overly persuade me though. I actually think it could have gone further in convincing me why it's such a problem. Additionally, the book focuses a ton on the judicial system and touches only briefly on legislative efforts. So the only way in which that system works is: Some criminal has to do something bad, and they have to be caught, and then their attorney has to argue "Even though they were caught, the way you collected evidence was wrong, so they should be set free." Even if it's for the greater good, that approach made it just a little hard to sympathize with them. It's not really how this particular book is set up, and I respect that, but I would have been more convinced if they shared stories of corrupt cops who used overreach on innocent people. For example, wasn't there a cop who spied on his ex wife just because he could? (she hadn't done anything wrong and wasn't suspected of any crime). Or, perhaps focusing on legislative efforts could have done the same. But as it stood, it was like, "Yo this dude in the 60s was illegally gambling, and he was caught using hidden microphones, and that shouldn't be." But like: He was illegally gambling, right? I would have been more compelled if he said, "Yo the government is doing all this stuff to you, and they have info that you don't want them to have." Didn't touch on that much at all.
I'll say I entered this book out of interest. I guess I'd prefer that police didn't overstep their bounds, but it is not something I spend a lot of time thinking about. I certainly wouldn't describe myself as a privacy advocate. I found, within that context, that I generally agreed with the book, and it helped illuminate a point I don't think a ton about. It didn't try to overly persuade me though. I actually think it could have gone further in convincing me why it's such a problem. Additionally, the book focuses a ton on the judicial system and touches only briefly on legislative efforts. So the only way in which that system works is: Some criminal has to do something bad, and they have to be caught, and then their attorney has to argue "Even though they were caught, the way you collected evidence was wrong, so they should be set free." Even if it's for the greater good, that approach made it just a little hard to sympathize with them. It's not really how this particular book is set up, and I respect that, but I would have been more convinced if they shared stories of corrupt cops who used overreach on innocent people. For example, wasn't there a cop who spied on his ex wife just because he could? (she hadn't done anything wrong and wasn't suspected of any crime). Or, perhaps focusing on legislative efforts could have done the same. But as it stood, it was like, "Yo this dude in the 60s was illegally gambling, and he was caught using hidden microphones, and that shouldn't be." But like: He was illegally gambling, right? I would have been more compelled if he said, "Yo the government is doing all this stuff to you, and they have info that you don't want them to have." Didn't touch on that much at all.
March 8, 2021
In Habeas Data, Cyrus Farivar does a fantastic job of recapping many of the key privacy-related court cases over the last century that either served as precedents or are useful background for understanding some of the most important data privacy issues of our time. While the legal jargon can be overwhelming for someone without much previous exposure to it (even two years of high school Latin got me only so far), Habeas Data is both meticulously researched and is far more engaging than the topic may sound. Among many things, it is a great response to the tired claim, "if you've done nothing wrong, you've got nothing to worry about."
I was fortunate enough to attend a book reading by Cyrus at my neighborhood library in Oakland that was attended by none other than Lou Katz, who makes an appearance in the next to last chapter. I met Lou at an OpenOakland hack night many years before but had not known that he had founded USENIX.
I was fortunate enough to attend a book reading by Cyrus at my neighborhood library in Oakland that was attended by none other than Lou Katz, who makes an appearance in the next to last chapter. I met Lou at an OpenOakland hack night many years before but had not known that he had founded USENIX.
March 10, 2021
I chose to read this book for an Info Privacy class in law school. I admittedly have a huge interest in 4th Amendment search and seizure jurisprudence in relation to technology so this book was right up my alley. That being said, this book wasn't written for lawyers. It is not technical and does not demand the reader know anything about the Supreme Court, privacy law, or the Constitution. It does a great job of laying down relevant law and case law in an easy to read and follow way.
I think it'd be a good read for any citizen concerned about how the government is using technology to conduct searches in the 21st century. Admittedly though, the book is a little out of date even though it was published in 2018, so I'd recommend reading Carpenter v. United States afterwards (or save yourself the long Roberts opinion and just read the wikipedia).
I think it'd be a good read for any citizen concerned about how the government is using technology to conduct searches in the 21st century. Admittedly though, the book is a little out of date even though it was published in 2018, so I'd recommend reading Carpenter v. United States afterwards (or save yourself the long Roberts opinion and just read the wikipedia).
July 29, 2018
For the cover, I would have used the visual of Mark Zuckerberg sitting on a cushion as all the senators ogled him wishing they could take him home to set up their TV remote. This is a book about the intersection of government, courts and technology. The 4th amendment gives us protection from unreasonable searches by our government. But technology is moving so fast and our court system is meant to be slow and meticulous. There are no answers here, just lots more questions. I would read it quickly since it will soon be obsolete.
January 23, 2023
This book is an extremely insightful and very worrying walkthrough of the landmark cases that loosely define modern privacy law. Unfortunately, it’s likely already out of date, as the technological advances from 2017 to now mean that there are dozens of new, unaccounted ways that Big Brother is sifting through your electronic communications. Nonetheless a must read for anyone interested in the capabilities and procedures the government takes in accessing user data.
April 9, 2018
Great stuff to read about why people should not be so lenient when it comes to their digital footprint. There are plenty of examples to sift through to create an urgency for awareness.
Access to review copy provided by the publisher.
Access to review copy provided by the publisher.
June 8, 2018
A good read. Note to those freaked out about the executive power now in the hands of Donald Trump: Y'all should have paid attention when people were shouting about it during the previous administration instead of calling people racists.
April 7, 2024
This was an eye opening text. The author did a great job of weaving in the history of each situation while providing an open door for the reader to consider how they should move forward. The last two chapters sum the now what well.
June 18, 2018
Outstanding summary of privacy law related to tech and warrants, with just the right amount of backstory/anecdotes.
July 1, 2018
clear cut and informative, but the kind of book that's destined to be fairly out of date soon.
January 4, 2019
Constitutional law! Supreme Court cases! Privacy rulings! DATA!
April 3, 2019
Eye-opening read.
February 17, 2021
Pretty good book. Makes one think.
February 21, 2021
Had to read it for a Social Media and Law class, but I'm glad I did because it was genuinely interesting and eye-opening.
April 28, 2022
A little dry in some spots, but overall very eye-opening for someone like me who hasn't given a lot of thought to the privacy implications of today's technologies.
July 17, 2022
A must read for all Americans, and everyone who cares about privacy and their rights.
June 15, 2018
In this age of data breeches, hacking and government overreach, Cyrus Farivar's Habeas Data is an essential read. Farivar, a reporter for Ars Technica, explores several real-life cases and shows how, in many cases, we've allowed this governmental and corporate over-reach to happen.
I recently did a Q&A with Farivar, looking at how these issues crop up in science fiction. We talked about Minority Report, Philip K Dick novels and more.
You can read my Q&A with Cyrus here: http://bit.ly/TheAPHabeasData
I recently did a Q&A with Farivar, looking at how these issues crop up in science fiction. We talked about Minority Report, Philip K Dick novels and more.
You can read my Q&A with Cyrus here: http://bit.ly/TheAPHabeasData
Read
June 26, 2018Fun read for me :o)
Displaying 1 - 24 of 24 reviews