Abstract
Privacy debates conventionally tend to focus on information. In this paper, I argue for
a novel formulation of right to attentional privacy, which protects individual autonomy from
the continuing onslaught of intrusive, immersive, persuasive and addictive technologies. I
contend that the harvesting of an individual’s attention through hypernudges and supernormal
stimuli deployed in form of behavioral targeting undermines an individual’s autonomy. I
construct a Razian justification for interest in attention that needs to be protected against
sophisticated technological practices such as A/B Testing and Real Time Bidding carried out
by Big Tech. I invoke dual conception of right to attentional privacy as a negative liberty to
safeguard against intrusive technologies and as a positive liberty to keep at bay immersive,
persuasive and addictive technologies.
Original language | English |
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Pages (from-to) | 206-222 |
Number of pages | 17 |
Journal | Rutgers Law Record |
Volume | 48 |
Issue number | 1 |
Publication status | Published - 2021 |
Externally published | Yes |