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Record W2912552388 · doi:10.1515/til-2019-0011

Theorizing Privacy in a Liberal Democracy: Canadian Jurisprudence, Anti-Terrorism, and Social Memory After 9/11

2019· article· en· W2912552388 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.
aboutThe title or abstract carries a Canadian signal from the geographic lexicon.

Bibliographic record

VenueTheoretical Inquiries in Law · 2019
Typearticle
Languageen
FieldSocial Sciences
TopicCrime, Deviance, and Social Control
Canadian institutionsUniversity of Ottawa
Fundersnot available
KeywordsDemocracyLiberal democracyPolitical scienceJurisprudenceSupreme courtSociologyTerrorismRight to privacyTransparency (behavior)LawPolitics

Abstract

fetched live from OpenAlex

Abstract The creation of new search powers in the Canadian Anti-Terrorism Act post-9/11 to make citizens more transparent to state surveillance was less a new phenomenon than an extension of preexisting tendencies to make citizens transparent to the state, so the risks they pose can be efficiently managed. However, 9/11 brought about a shift in the ways in which the Supreme Court of Canada talked about terrorism; terrorism was no longer placed on a continuum of criminal activity but was elevated to a threat to Canadian values as a whole. I argue that, paradoxically, this shift reconnected the Court to earlier discourses about privacy as an essential element of democratic governance and reinvigorated narratives around the importance of the public-private boundary to democratic relationships by situating privacy within narratives informed by social memory. From this perspective, privacy can be conceptualized as a status claim: as citizens, we are entitled to privacy because privacy is the boundary that creates right relationships between citizens and between citizens and the state. This avoids pitting privacy as an individual right against societal interests in transparency because it more fully actualizes Priscilla Regan’s call to theorize the value of privacy as a public good central to liberal democratic governance. This conception also reconnects Alan Westin’s original understanding of privacy as an element of liberal democracy to the sociological research he drew on, enriching the liberal conception of privacy by locating it in the intersubjective communication of cultural actors living in community .

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.069
Threshold uncertainty score0.996

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.024
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.011
GPT teacher head0.294
Teacher spread0.283 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it