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Homeland And National Security Law Review Journal Cover

Liberal Communitarian Approach to Privacy and Security

June 09, 2014

This article asks which normative framework should be applied in determining whether privacy is unduly diminished in the American quest for enhanced protection against terrorist attacks; which specific criteria should be employed in determining whether the balance has tilted too far toward enhancing security or protecting privacy; and which measures can be taken to reduce the inevitable conflict between security and privacy. It also seeks to show that enhanced transparency is inferior to enhanced accountability, although there is some room for adding more of both kinds of scrutiny.