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In note 2 after the Hambrick case on page 156, Solove and Schwartz address the argument that statutes can indicate a societal recognition of a
In note 2 after the Hambrick case on page 156, Solove and Schwartz address the argument that statutes can indicate a societal recognition of a particular privacy interest. The court rejects this argument.
- Was it correct to do so?
- Aren't statutes passed by democratically elected representatives indicative of the nation's expectations regarding privacy?
- Why or why not?
- What would be the consequences of using statutes as evidence of a reasonable expectation of privacy?
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