Posts Tagged 9/11

book review: The Art of Unpacking Your LIfe


The Art of Unpacking Your Life By Shireen Jilla.
Bloomsbury Reader|March 2015| 316 pages| ISBN: 9781448215201

Rating: ****/5*

Connie invites her university friends on a trip to the Kalahari to celebrate her fortieth birthday. The story mostly centers on Connie. The other friends have side-stories. The novel is a sharp and rich depiction of college friends in later life. “They had been close at university, but their friendship had drifted as their lives had taken them in different directions.” Do they have the same bonds as they did at 20 that they have now not seeing each other daily? Over several days in a vast environment thousands of miles away from their comfort zone and homes, the group reveals secrets and encounters surprising challenges.

Connie’s four children [“No one had four children anymore.”] are in secondary school and her politician husband Julian continues to have affairs. His latest dalliance might break them up forever despite the family and image to uphold. For years after every affair, Connie stands by her man. Sara is a single, strong barrister who just completed a major case in London and prefers to keep men at arm’s length to avoid any emotional entanglements. “There was something fundamentally wrong with the men she dated. Too talkative, too vain, too stupid, too nasal, too egotistical.” Lizzie isn’t quite sure what to do personally or professionally. “Nothing measured up to their time together at Bristol University for Lizzie. She hadn’t moved on.” Lizzie “didn’t have a man, or own her own flat and her career was going nowhere.” The recently divorced Luke, Connie’s college boyfriend is on the trip. Is there still something between them? Should they have remained together all along? Matt shares the news that he and his American wife Katherine [“She was fragile and feminine compared with his English women friends.”] used a surrogate for the baby they’re expecting after years of IVF treatment. Dan isn’t happy in his relationship with a younger, not-too-serious boyfriend Alan. “The group never believed that Alan was good enough for Dan.”

Jilla writes splendidly about the bold wildlife and African landscape— “A wide, wild range of beautiful, even rare and endangered, species would be waking up in this safe haven, magically far away from the destructive nature of the human world. All because of her grandfather’s understanding and commitment.” It’s refreshing to read about adults who may still be figuring things out. The superb writing and multifaceted characters draw you in from the beginning and keep you riveted throughout the novel.

–review by Amy Steele

FTC Disclosure: I received this book for review from the publisher through NetGalley.

purchase at Amazon: The Art of Unpacking Your Life

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STEELE INTERVIEWS: Judy Melinek, M.D. and T.J Mitchell [Working Stiff]

Released last year, Working Stiff: Two Years, 262 Bodies and the Making of a Medical Examiner by Judy Melinek, M.D. and T.J. Mitchell is one of the most riveting, darkly humorous and moving memoirs I’ve ever read. I rated it *****/5 stars and placed it on my 10 Best Nonfiction Books of 2014 list. It details the two-year medical examiner residency in New York City for Dr. Judy Melinek.

working stiff

“I was happy for the first time in nearly a year– but scared too. I had learned only what kind of doctor I did not want to be, and was convinced no hospital would take me as a new resident in any specialty now as I was damaged goods. The happiest I’d been in medial school was during the pathology rotation. The science was fascinating, the cases engaging, and the doctors seemed to have stable lives.”

Dr. Melinek started her medical examiner training two months before the terrorist attacks on 9/11. It’s engrossing, detailed and macabre. Dr. Melinek wrote it with her writer husband T.J. Mitchell. The two met while undergraduate students at Harvard. There are chapters detailing poisons, accidental deaths, suicides, murders, maggots and bugs [“Stinks and Bones”] and the somber process of identifying bodies [and body parts] after 9/11.

I’ve worked in healthcare and almost changed careers to become a nurse. I’ve worked in all types of settings with patients from babies to the elderly. The medical world and pathology intrigue me. After meeting Dr. Melinek through twitter, she and her husband T.J. answered a whole bunch of questions I sent their way. And disappointingly skipped my more pressing questions about poisons and suicide.

I sent a lot of questions and said it was okay to skip some. Disappointed that questions on poison, alcoholism, suicide were skipped. also this one: you are “less comfortable with houseflies, and leery of cats.” Please explain. Also this one: description of people jumping from the World Trade Center is the only account like that I’ve read. Well done. What was the greatest challenge of DM01? How did you handle it?

Guess I’ll just have to do more googling or hope that one day I can interview Atul Gawande, M.D.

Judy Melinek, M.D. and T.J. Mitchell

Judy Melinek, M.D. and T.J. Mitchell

Amy Steele: I was riveted by this book. There are lots of books about medical students. Particularly first-year residents. How do you think yours stands out?

Judy Melinek: When I was in medical school I read them all – House of God by Samuel Shem, all of Perri Klass’ books, Oliver Sachs—these books inspired me as a physician and an author. They made me realize that in writing about my experiences I could keep my humanity intact, and by reflecting on the joys and tragedies, I became a better, more empathic doctor.

Working Stiff fits the doctor-memoir genre, but it stands out in some ways because of the singular experience I had in New York City during a historically turbulent period: 9/11, the anthrax attacks, the crash of American Airlines #587 in Queens. Most forensic pathologists in the United States might deal with one major terrorist threat or disaster in their lifetimes. During my fellowship year, the New York City OCME faced several. Working Stiff is also unique in that it focuses on the training of a medical examiner, instead of on celebrity deaths or who-dunnit cold cases. Since T.J. and I opened the story at the very beginning of my forensic training, we could take the reader along as I learned death investigation from Dr. Hirsch and the staff at the New York OCME.

Amy Steele: Did TJ ever NOT want to hear one of your gory days on the job?

T.J. Mitchell: No, my dilemma was worse than that. I thought I did want to hear Judy’s stories, and usually I would find her day’s cases fascinating. But every once in a while she would come out with a nightmare humdinger. The problem is, Judy wouldn’t know which stories a civilian like me would find nightmarish. And once I’ve heard it—well, you can’t unring a bell. There’s a good reason why we titled the first chapter “This Can Only End Badly.”

The other source of frustration for me in listening to Judy talk about her day at work was that she seldom delved into the things I wanted to know about. Where did this happen? What became of the perpetrators? How did the cops feel about the whole thing? Her focus is the story the body tells about the cause and manner of death, period. Plus, as we quote her telling me in the book, she’s a busy lady. She has new cases every day, and doesn’t spend time lurking around the homicide division or the DA’s office gossiping about open cases.

Still and all—I wanted to hear them. I just can’t help myself. They’re compelling, the stories my wife tells over the dinner table. I had a ball writing Working Stiff.

Amy Steele: You’re in the minority with couples where the husband stays at home with the children. So yay to feminist advances for one. What challenges do you face? How do others react?

T.J. Mitchell: Things have changed since I first started as a stay-at-home dad fifteen years ago. I used to have to explain to people what that meant. Now there are plenty of SAHDs out there—and some very talented and funny bloggers and authors have written about the job’s challenges. I found those challenges to be minor, really—or, I guess it’s more accurate to say, the unique challenges were minor. All parents face the same obstacles, and the ones I faced as a man that a woman wouldn’t face were easily overcome. Usually they had to do with persuading well-meaning older women that I really did know what I was doing, alone with a baby or three. A lot of that unsolicited advice involved hats, and whether they should be on or off, and whether they were too warm or not warm enough for the weather.

For the past ten years I’ve also been extremely fortunate to be a stay-at-home dad in the city of San Francisco. I started to notice soon after moving here that nobody ever asked me that irritating question I had to field on playgrounds and in grocery stores in Los Angeles and New York most every day: “Is it mommy’s day off?” That’s because, in San Francisco, a man with a baby or three might not have a mommy involved in the family equation. The very question would entail a faux pas. So I, as a straight man in a parenting role that reverses the normative gender expectations, am a beneficiary of the gay civil rights movement.

My biggest worry never materialized. I feared, early on, that our kids would either spend all day pining after their absent mother, or fail to bond with her in the same intimate way that kids who spend all day with mommy would. Neither of these things happened.

Amy Steele: Does seeing all you’ve seen make you extra cautious? You mention: “Wear your seat belt when you drive. Better yet, stay out of your car and get some exercise. Watch your weight. If you’re a smoker, stop right now. If you aren’t don’t start. Guns put holes in people. Drugs are bad.”

Judy Melinek: It doesn’t make us extra cautious. It makes us realistic and appropriately cautious. We subscribe to raising independent “free-range” children. We don’t stress out about giving our children the freedom to bike or walk to school alone, or take public transit across town, because we know that they are safer walking and riding the bus than they are being driven in a car. We freely discuss the effects and dangers of drugs and alcohol, and we don’t shy away from talking about death or suicide. They are entering their teen years, and open discussion with your kids about these serious topics allows them the freedom and comfort to trust you with their own struggles, or when they encounter a friend or classmate who needs help.

T.J. Mitchell: Plus, when Judy tells our kids or one of their friends, “Don’t do that! I know someone who died that way,” they listen. She has gold-standard street cred when it comes to safety.

Amy Steele: I’ll admit to you I DO NOT wear a seat belt even though six years ago I flipped my car on black ice. Right over. I wasn’t wearing a seatbelt. I crawled out the broken window.

Judy Melinek: That is a really dangerous and bad idea. It also has financial consequences for you and your family because if you were going to get injured or killed in an accident, your injuries might be determined to be your own fault because you were not using the safety equipment as required by law. Wearing a seatbelt is a habit, and, like any habit, if you just build it into your routine, clicking it in place as soon as you get into the vehicle, then you will stop even thinking about it. Once you get used to it, if you then forget to put it on, you will see that you start to feel uncomfortable—like you are going to fly out the window even at a brief stop.

[note from Amy Steele: Of course I USED to wear a seat-belt and drove with one for years. Then I stopped using one. So being a habit or not doesn’t matter. I actually feel anxiety with the seat-belt on, like I might get stuck. I can’t even remember when I stopped wearing one.]

Amy Steele: What are the leading causes of death you see?

Judy Melinek: Heart disease is the leading cause of death in the United States and often kills people suddenly, through heart attacks and strokes. I find that it is not uncommon for folks to ignore the signs of a heart attack (chest pain, shortness of breath, arm pain) or stroke (dizziness, numbness/tingling, partial paralysis) because the pain is not that severe and they don’t actually feel all that bad. By delaying medical attention they are much more likely to die. It’s really important that all men and women over the age of 40 familiarize themselves with the symptoms of heart attack and stroke and seek immediate medical care.

Every day at the Coroner’s Office we have one or two cases of overdoses, either from prescription drugs, street drugs, or alcohol. A really common way for addicts to die is when they get out of rehab and relapse, they take the same quantity of drugs that they took in the past, but because they have lost their tolerance, they end up dead. In my opinion, it should be mandatory for rehab centers to educate them about that on discharge and provide them with reversal agents.

Amy Steele: How did you decide what stories to tell in the memoir? When writing did you have a gross-out level in mind. Some readers are clearly more squeamish than others.

T.J. Mitchell: At first I was concerned about the gross-out level, but very quickly I found that I just had to tell Judy’s story the way she lived it. If we tried to tone down the more macabre elements of that life we wouldn’t be telling the truth, and telling the truth is the first requirement of narrative nonfiction.

We decided which stories to tell based on the requirements of narrative nonfiction, too—the narrative part. We wanted to use stories that advanced the story and illustrated the science, while holding the reader’s attention. Our collaborative process served us well when it came to the more complex case studies. We worked as a team to make sure the science was solid and the storytelling was straightforward and engaging.

Amy Steele: How do you determine time of death?

Judy Melinek: Time of death is very tricky and depends more on the scene and circumstances than on hard science. We ask when the person was last seen alive and we figure out when they were found dead, and in all cases they died sometime between then. It’s not rocket science. Sure, things like body temperature, rigidity (stiffening of the body after death), lividity (pooling of blood after death) and decomposition can be used in some cases to narrow down a time interval, but none of these methods is scientifically foolproof, and all are highly dependent on the ambient temperature. It always cracks me up whenever the pathologist on CSI or Law & Order definitively says, “She died between 9 and 9:30 PM.” A half hour window? It’s more likely for me to say to the real-world cops I work with, “Based on the body temperature she likely died sometime between 9 PM and midnight, but it could be more or less, and don’t quote me on that or write it down because I don’t want to have to defend that in court.” Too wishy-washy for a TV drama, but that’s the way it is in reality.

Amy Steele: What is the strangest cause of death you found? What’s the weirdest thing you’ve found when you’ve opened someone up on the table?

Judy Melinek: I always get asked those questions and I don’t know what to say. “Strange” and “weird” are relative, and while in Working Stiff I describe the piercings and tattoos that initially took me aback when I found them hidden under decedent’s clothing where the sun don’t shine, these things don’t faze me any more.

My favorite tattoo was on the buttocks of a chronic alcoholic. It said “Your Name.” I figured that he had it put there so that he could cadge drinks in bars this way:

Dead Guy: “Hi. What’s your name?”
Stranger: “Sean.”
Dead Guy: “What a coincidence! I have your name tattooed on my ass!”
Stranger (Sean): “No you don’t.”
Dead Guy: “Bet you ten bucks.”
Sean takes the bet. Dead Guy drops his drawers. He collects his money.

Amy Steele: You said: “I always will wait until I’ve removed the brain before I dissect the neck, because by then all the blood from the skull and face will have drained out leaving a clear view of the long, flat strap muscles on the front of the throat.” How did you develop your process—by doing or are you taught a specific protocol?

Judy Melinek: Training. At the New York City OCME I was given a checklist and body diagram and taught how to fill it out as I examined the body both externally and internally. The check list keeps me on task and reminds me to check all surfaces, and by following the same protocol on every single case I don’t miss anything. The checklist and diagram have changed a bit over the years, with different headings and check boxes based on the individual agency I work for, but it has a front and back outline drawing of a human body with room for me to draw in any injuries, medical devices or findings. Protocols are important in every specialty of medical practice, forensic pathology included.

Amy Steele: Besides examining dead bodies on the scene, what must MEs look for at a site?

Judy Melinek: It’s different in every case. When I get to a scene, the first thing I do—before I go in, even—is talk to the family members or witnesses, or the police officer at the scene, to hear the story or stories of what happened. How was the body found? Who found him? What is his medical history? If it’s a homicide, then generally I have to wait for the crime scene unit to photograph the scene before I can even go in.

But for all death scenes, when I do go in, I don’t go straight to the body. I look around the place: Is it clean or cluttered? Are there blood stains anywhere? Does anything look disturbed or out of place, like there was a struggle? What is the person’s lifestyle? And I open closets, medicine cabinets, look on side tables and in the trash bin. This is how I train new death scene investigators. I tell them, “You don’t want the family to find the empty pill containers and suicide note after you have already left.”

Amy Steele: You’re now a forensic pathologist. How did your ME training prepare you for your current career?

Judy Melinek: The training I went through at the New York City OCME [Office of Chief Medical Examiner] really prepared me for the basic day-to-day challenges of doing autopsies, communicating with cops and family members, and testifying in court. What it didn’t prepare me for was the working world of political pressure, internal squabbles, and petty bureaucracy. That I learned on the job when I moved on, because as fellows at the OCME we were well insulated from all that nonsense.

Today I work as a forensic pathologist at the Alameda County Sheriff Coroner’s Bureau, and I also testify as an expert witness in legal cases as an independent consultant. I find that, like in many professions, keeping in touch with colleagues in my field via e mail and professional conferences has been then best way to stay up to date and to learn how to handle the ethical and political challenges of a career in a high-profile public role.

Amy Steele: Congratulations on selling the rights to the memoir and developing a TV series. How will First Cut be similar and different from the book and similar to your own experiences?

T.J. Mitchell: The TV deal you refer to is for Working Stiff.

First Cut is something else, a work in progress right now. It’s our next book together, this time a novel. First Cut is smart forensic detective fiction, with a protagonist based loosely on Judy, and with cases taken from her own experiences—taken from, but not reproducing exactly. The story traverses the familiar territory of the noir mystery novel, but with a uniquely heightened degree of verisimilitude that derives from Judy’s real work in death investigation both inside and outside the autopsy suite. We’re collaborating again as we did in Working Stiff, and are having a lot of fun writing First Cut.

Amy Steele: Thank you for taking the time to answer my questions.

purchase at Amazon: Working Stiff: Two Years, 262 Bodies, and the Making of a Medical Examiner

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NEW MUSIC: Mord Fustang; Blue and Gold

Mord Fustang, “Doppelgangbanger”

transformative electro-house track from upcoming album 9999 in 1 which will be released on January 20th from this Estonian EDM act. The track “Doppelgangbanger” allows you to dip and dive and drift with its supercool bass grooves.

Blue and Gold, “In My Head”

psychedlic hard-hitting, emotional rock with Joan Jett-esque vocals. Very 80s rocker. New York-based Blue and Gold formed in 2013. Members are: singer/guitarist Alex Kapelman, singer/guitarist Chloe Raynes, drummer GG Gonzalez and bassist Derek Cabrera. The band’s debut album In My Head is out January 13.

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on 9/11: in memory of Amy Sweeney


Growing up in Acton, Mass. I knew the hockey-playing Sweeney family. Maybe went to a party at their house. Nashua, NH native Amy Todd married Michael Sweeney and they had two children Anna and Jack. They lived in Acton. She’d been a flight attendant for 14 years.

Amy was the Flight 11 flight attendant who calmly and bravely provided integral seat information for Mohammed Atta and the other terrorists on Flight 11. I’m proud that she’s from my hometown.

Amy’s last words to American Airlines manager Micheal Woodward: “I see water. I see buildings. I see buildings! We are flying low. We are flying very, very low. We are flying way too low. Oh my God we are flying way too low. Oh my god!” (American 11 crashes)

Madeline “Amy” Sweeney’s name is inscribed on Panel N-74 of the National September 11 Memorial’s North Pool

Madeline Amy Sweeney 9-11 Memorial

There’s a Madeline Amy Sweeney Award for Civilian Bravery given annually to a Massachusetts resident who demonstrated “exceptional bravery, without regard for personal safety, in an effort to save the life or lives of another or others in actual imminent danger.”


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NEVER FORGET 9/11 and AMY SWEENEY, Flight Attendant

Amy’s last words to American Airlines manager Micheal Woodward: “I see water. I see buildings. I see buildings! We are flying low. We are flying very, very low. We are flying way too low. Oh my God we are flying way too low. Oh my god!” (American 11 crashes)

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9/11 In Memory: AMY SWEENEY

I didn’t know Amy Sweeney but growing up in Acton, Mass. knew the hockey-playing Sweeney family.

Amy lived in Acton and was the Flight 11 flight attendant who calmly and bravely provided integral seat information for Mohammed Atta and the other terrorists on Flight 11. I’m proud that she’s from my hometown.

Amy’s last words to American Airlines manager Micheal Woodward: I see water. I see buildings. I see buildings! We are flying low. We are flying very, very low. We are flying way too low. Oh my God we are flying way too low. Oh my god! (American 11 crashes)

Madeline Amy Sweeney Award for Civilian Bravery


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book review: WAR

Title: WAR
Author: Sebastian Junger
ISBN: 978-0446556248
Hardcover: 304 pages
Publisher: Twelve (May 11, 2010)
Category: current events
Review source: publisher
Rating: B+

Once again, a couple of guys with rifles have managed to jam up an entire company’s worth of infantry. Ostlund and his staff get back on the Black Hawk with Captain Kearney, and they head across the valley for Firebase Vegas. I’m standing next to a tall Marine named Cannon who tells me that the war here is way more intense than most people understand. While we’re talking the shooting starts up again, a staccato hammering that I know recognize as the .50 out at Vegas.

Best known for The Perfect Storm, Sebastian Junger wrote about the Boston Strangler in A Death in Belmont and being a reporter in such hot spots as Sierra Leone and the former Yugoslavia in Fire. In WAR, Junger travels through Afghanistan with young U.S. troops as an embedded journalist. WAR provides a violent, unflinching account of the war in Afghanistan down to the bloody details of death and the minutiae of war. Afghanistan is such a poor, vast, isolated country with plenty of places for the Taliban and Al Queda to hide. In writing this book, Junger brings much needed attention to this ongoing war on terrorism. So little is written about Afghanistan in the press yet it’s a fierce, exhaustive war. Junger also includes and honest assessment about the war in Afghanistan and the attitudes of the troops.

Stripped to its essence, combat is a series of quick decisions and rather precise actions carried out in concert with ten or twelve other men. In that sense it’s much more like football than, say, like soccer. The unit that choreographs their actions best usually wins. They might take causalities but they win.

WAR is set in three parts: FEAR, KILLING and LOVE. Junger adds extensive military history and facts throughout. When he explains fear he explains the body/mind connection and also the results of military tests [men have a greater reaction time than women]. Remaining objective as possible, Junger certainly faces numerous challenges. He often must base decisions on journalistic integrity vs. personal safety.

Soldiers use magical thinking and have varied superstitions. Most of the soldiers are in their early 20s, many with INFIDEL tattoos emblazoned on their bodies because “That’s what the enemy calls us on their radios.” War is the only thing many know at this point in their young lives. Re-entry into civilian life can often be much more complex than war for many. Having been used to the excitement and fast-paced action, suddenly many aren’t doing much of anything and want to go back. In stark conditions, stocked for months with supplies and no relief in sight, the American troops often fight an unseen enemy that hides and follows no order, no rules of engagement.

After 9/11 most people have a basic understanding of the modus operandi of terrorists. The Taliban fights dirty—snipers, sneak attacks in early morning or late night and chaos. They have numerous “counter-measures” to American attacks and are tricky to seek out and capture, mainly due to the terrain and the Taliban’s intimate knowledge of the land. Not that any war is a positive. It’s not. Junger states that the appeal of combat is not killing but protecting. WAR is an intense, gripping read.

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book review: The War on Privacy


Title: The War on Privacy
Author: Jacqueline Klosek
ISBN: 978-0275988913
Pages: 248
Publisher: Praeger Publishers (November 30, 2006)
Category: non-fiction
Review source: author
Rating: 4/5

Terrorism is not a new creation; however, it is also undeniable that the current terrorist threat presents new and special challenges to our society. Indeed, the recent wave of terrorist activity has been particularly damaging and profound. The effects of the terrorism of the past few years have transformed and will long continue to influence the way we live for decades, if not centuries, to come. While many of these changes have occurred as a direct result of the acts of terrorists themselves, others have followed and will continue to grow out of our collective response to the acts of the terrorists.

The War on Privacy is densely packed with information about privacy issues around the globe. Author Jacqueline Klosek, a Certified Information Privacy Professional and attorney with Goodwin Procter LLP in New York City, has divided the book into sections which focus on each region of the world. She analyzes how the United States, Africa, the Middle East, Europe, Northern and Southern Neighbors (of the U.S.), South America, Australia, New Zealand, and Asia handle privacy rights, particularly after 9/11. I’ll admit it wasn’t the easiest read for someone who wanted to go to law school but got dismal LSAT scores. Klosek’s intensive research and thorough appraisal of privacy in every region is so complete that The War on Privacy is the ideal reference for privacy issues.

Jacqueline Klosek has answered an arsenal of questions from me. Her writing and interest in this topic’s importance shines through in the book. I have listed what I learned from reading The War on Privacy.

European Data Protection Directive—prohibits export of any personal data from European Union [EU] to third countries without sufficient protection to personal data.

Patriot Act [the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001]—“data mining” efforts of the government. The Government has help from corporations, educational institutions, and other private entities. “Such draft has, of course, put many such entities in the impossible position of having to choose between responding to governmental demands for information on the one hand and honoring privacy commitments made to individuals and complying with privacy laws on the other.”

United Nations Security Council, on September 28, 2001 adopted Resolution 1373—this called upon member states to follow many rules to fight terrorism e.g. “deny safe haven to those who finance, plan, support, or commit terrorist acts or provide safe havens;” and “exchange information in accordance with international and domestic law and cooperate on administrative and judicial matters to prevent the commission of terrorist acts;”

Electronic Communications Privacy Act [ECPA]: “places restrictions on the interception of electronic communications and creates privacy protections for stored electronic communications.”

–Arabic has no equivalent to the English word privacy. Privacy in the Middle East relates to women and family.

Tunisia (where one of my closest friends from high school has lived with her Tunisian husband and two children for nearly 20 years) became the first Arab country to enact a comprehensive data privacy law.

Europe “has a longer history and greater experience with both efforts to protect privacy rights and efforts to counteract the threat of terrorism. Therefore, the jurisdiction may be able to offer some points of guidance for other countries that are dealing with these challenges.”

This is part of the Pump up the Volume Book tour.

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STEELE INTERVIEWS: Jacqueline Klosek [The War on Privacy]


Amy Steele [AS]: Why did you decide to write this book?

Jacqueline Klosek [JK]: I undertook writing The War on Privacy because I was very interested in studying and understanding the effect that the “war on terror” was having on privacy rights worldwide.

Ever since completing my studies, a significant part of my legal practice has focused on privacy rights. For the most part, I have worked to help companies meet their obligations for complying with laws concerning privacy and data security. After September 11th, I found that a lot of companies were finding themselves between a rock and a hard place, so to speak. Because of laws and consumer demands, many companies had been making strong commitments regarding data privacy. However, in an effort to reduce the incidence of terrorism, the government was calling upon companies to provide various data and information to the government. Companies were thus placed in a very difficult position, forced to consider whether they provide the information requested by the government or honor the privacy commitments they had made to their customers, for in many cases, they simply could not do both, as the duties were in conflict. At the same time, our government was initiating new and expanding existing information collection and use projects. Upon learning of these developments, I became interested in studying them further and also learning about how the issues were playing out around the world.

AS: How is privacy defined in the U.S.?

JK: There are a vast number of interpretations of the meaning of privacy. I tend to favor Justice Brandeis’s characterization of privacy as the “right to be left alone.” This definition, proposed many years ago, still holds great relevance today. This interpretation of privacy can be applied to a number of different contexts.

AS: Why is Tunisia so advanced to establish data privacy law? (my very good friend from high school has lived there for nearly 20 years)

JK: That is an interesting fact that you have picked up upon. As you have likely observed through the book, there are only a few countries in Africa and the Middle East that have enacted comprehensive privacy laws so Tunisia is certainly in the minority. Tunisia’s progressive – and protective – view of privacy rights was likely influenced by Europe’s main privacy directive (Directive 95/46/EC). This directive contains restrictions on transferring data from Europe to third countries that do not provide adequate protection to personal data. As a result of the enactment of this directive, a fair number of countries outside of Europe acted promptly to enact comprehensive privacy laws that might be considered to provide adequate protection to personal data. They did so to increase the likelihood that they would be able to continue to receive personal data from Europe and enjoy strong cross-border commerce.

AS: What is needed to increase privacy rights in Africa and Middle East?

JK: In jurisdictions where privacy is lacking, I think it will be important for citizens and politicians to perceive a value in privacy and a need for legislative measures to protect privacy rights. For many jurisdictions, the enactment of more stringent privacy laws is often a necessary part of the quest to advance electronic commerce, increase the use of digital health records, transition to electronic voting and undertake other initiatives that may pose a risk to information privacy and security.

AS: Why is it even necessary to establish privacy rights acts?

JK: That is a great question and it is a topic that has been the subject of considerable debate here in the United States. Unlike many countries, we still do not have a comprehensive privacy law here in the United States. As I mentioned above, European Directive 95/46/EC motivates many countries outside of Europe to enact their own privacy laws. While US legislators have debated whether the US needs a comprehensive privacy law, one has not yet been enacted. Instead, our lawmakers have continued to enact privacy laws to address particular perceived vulnerabilities. For example, we have the Children’s Online Privacy Protection Act (“COPPA”) to protect the privacy of children online and the Health Insurance Portability and Accountability Act (“HIPAA”) to protect the privacy of our health and medical information.

AS: The book is complex and comprehensive. I think I could understand it enough to learn some things. Thank you for taking the tine with these questions.

JK: Thank you very much for taking the time to read War on Privacy and for proposing these thoughtful questions.

Author Jacqueline Klosek is a Certified Information Privacy Professional and attorney with Goodwin Procter LLP in New York City.

Thank you to Tracee with Pump up the Volume Book Tours for arranging the interview.

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