Bravo to now-tenured law prof Woodrow Hartzog for this great piece on Slate. It begins:
Are you an OkCupid user? Would you consider the data on your profile public—fair game for anyone to download and share with the rest of the world?
I hear arguments like this all the time. Websites that post mug shot photos to shamepeople say they’re just using public records. Harassers who take “upskirt” photos of women say they are blameless because their activities occurred “in public.” Police say they are free to use powerful technologies to surveil anyone for as long as they like as long as they are “in public.”
It’s time to abandon the misguided notion that public information is fair game.
This justification is fundamentally wrong.
Read more on Slate.