Introduction
1 As technology changes the way we live, especially by making communication and transactions easier, the security of our personal information becomes an important issue if people are expected to trust the government, companies, and each other. Although scholars have provided several accounts of the importance of privacy, it still remains unclear how individuals view and value it. For the purposes of this essay, privacy is broadly defined as the controlled access to personal information or ideas. In this paper, I will examine Richard Posner’s article “Privacy, Surveillance, and Law” and Neil Richards’s paper “The Dangers of Surveillance.” Although both Posner and Richards begin with the same assumption that people fear public scrutiny, their different interpretations of this human nature lead to different conclusions. While Richards relates privacy to our fundamental rights so that he considers any surveillance dangerous, Posner’s belief that we value privacy as a possession that promotes other ends is more justified because it allows individuals to weigh the costs and benefits of surveillance.
People Fear Public Scrutiny
2 Fundamentally, both Posner’s and Richards’s arguments stem from the assumption that people fear public scrutiny. Accordingly, Richards claims that public exposure pressures people into conformity. The prospect of drawing unwanted attention due to “deviant” behavior encourages people to change such behavior. This is an observation of the
With the rise of the internet, some people argue that privacy no longer exists. From the 2013 revelations of government surveillance of citizens’ communications to companies that monitor their employees’ internet usage, this argument seems to be increasingly true. Yet, Harvard Law professor Charles Fried states that privacy, “is necessarily related to ends and relations of the most fundamental sort: respect, love, friendship and trust” (Fried 477). However, Fried is not arguing that in a world where privacy, in its most simple terms, is becoming scarce that these foundations of human interactions are also disappearing. Instead, Fried expands on the traditional definition of privacy while contesting that privacy, although typically viewed
Today, Canadian’s lives today are as translucent as ever. Most organizations especially the government constantly watches each and every one of our moves. By definition, surveillance is any systematic focus on any information in order to influence, manage, entitle, or control those whose information is collected. (Bennet et Al, 6). From driving to the shopping mall to withdrawing money from the ATM machine, Canadians are being watched constantly. With Canada’s commitment to advance technology and infrastructure in the 1960s, government surveillance is much easier and much more prevalent than it was hundreds of years ago. Even as early as 1940s, the Dominion Bureau of Statistics used punch cards and machines to determine who is available
Did you know that 58% of employers have fired workers for Internet and email misuse? And 48% justify employee video monitoring as an effort to “counter theft and violence?” According to the “2007 Electronic Monitoring & Surveillance Survey” of which 304 U.S. companies participated in, computer-monitoring results have led to the highest cause of employee termination. These companies used several tactics to eavesdrop on employees while claiming to be managing productivity or for security purposes. Some argue that surveillance is absolutely necessary to help protect and grow a business; others argue that employee and customer rights come first. However, companies that use such tactics often violate the privacy of individuals, exploit their private information and even punish those that do not conform to their standards.
As human beings and citizens of the world, everyone values their privacy. It is a right that is often looked over and taken for granted by most. Since the beginning of time, there have been concerns about individuals’ rights to privacy and their personal information remaining confidential. Our founding fathers had concerns about this which is why, “…this right has developed into
In support of privacy, Daniel J. Solove wrote, Why Privacy Matters Even If You Have ‘Nothing to Hide.’ Solove begins his argument by introducing the nothing-to-hide argument. In general, the argument for surveillance is ‘if you’ve got nothing to hide, you’ve got nothing to fear:’ hence people’s support for government efforts and regulations to ‘protect’ citizens by decreasing privacy. Those who object this argument target its most extreme cases. For example, if you have nothing to hide, could I take a nude picture of you, own all entitlements to the photo, and share it with anyone? Absolutely not, most would say, but this objection is not exceptionally compelling according to Solove. In order to understand privacy, we must not reduce it to one single definition. Privacy is extremely complex and involves a range of different things that share common characteristics. For instance, one’s privacy can be invaded by the expose of your innermost secrets, but it may also be invaded if a peeping Tom (without the reveal of any secrets) is observing you. Your privacy may also be invaded if the government seeks extensive information about you. All of these examples cause harm related to an invasion of privacy, thus making the definition of privacy not applicable for a “one size fits all” conclusion. The underlying and most significant harm that comes from surveillance is the problem of information processing. Solove uses The Trial example to demonstrate this effect. Here, the
Privacy is one of the most controversial, yet most essential topics in the discussion of civil liberties. Some treat it as a necessity along with life, liberty, and property, whereas other people see it as something that shouldn’t get in the way of things like security (Sadowski).
Privacy is what allows people to feel secure in their surroundings. With privacy, one is allowed to withhold or distribute the information they want by choice, but the ability to have that choice is being violated in today’s society. Benjamin Franklin once said, “He who sacrifices freedom or liberty will eventually have neither.” And that’s the unfortunate truth that is and has occurred in recent years. Privacy, especially in such a fast paced moving world, is extremely vital yet is extremely violated, as recently discovered the NSA has been spying on U.S. citizens for quite a while now; based on the Fourth Amendment, the risk of leaked and distorted individual information, as well as vulnerability to lack of anonymity.
As a growing topic of discussion, privacy in our society has stirred quite some concern. With the increase of technology and social networking our standards for privacy have been altered and the boundary between privacy and government has been blurred. In the article, Visible Man: Ethics in a World Without Secrets, Peter Singer addresses the different aspects of privacy that are being affected through the use of technology. The role of privacy in a democratic society is a tricky endeavor, however, each individual has a right to privacy. In our society, surveillance undermines privacy and without privacy there can be no democracy.
Government surveillance in the past was not a big threat due to the limitations on technology; however, in the current day, it has become an immense power for the government. Taylor, author of a book on Electronic Surveillance supports, "A generation ago, when records were tucked away on paper in manila folders, there was some assurance that such information wouldn 't be spread everywhere. Now, however, our life stories are available at the push of a button" (Taylor 111). With more and more Americans logging into social media cites and using text-messaging devices, the more providers of metadata the government has. In her journal “The Virtuous Spy: Privacy as an Ethical Limit”, Anita L. Allen, an expert on privacy law, writes, “Contemporary technologies of data collection make secret, privacy invading surveillance easy and nearly irresistible. For every technology of confidential personal communication…there are one or more counter-technologies of eavesdropping” (Allen 1). Being in the middle of the Digital Age, we have to be much more careful of the kinds of information we put in our digital devices.
In today’s society, the word “privacy” has become ubiquitous. When discussing whether government surveillance and data collection pose a threat to privacy, the most common retort against privacy advocates – by those in favor of databases, video surveillance, spyware, data mining and other modern surveillance measures – is this line: "If I’m not doing anything wrong, what would I have to hide?" The allowance of the government’s gathering and analysis of our personal information stems from an inadequate definition of what privacy is and the eternal value that privacy possesses. The adherents of the “nothing-to-hide” argument say that because the information will never be disclosed to the public, the “privacy interest is minimal, and the security interest in preventing terrorism is much more important.” 1 In an era where the patterns we leave behind will inevitably become the focus for whatever authority, the issue of privacy affects more than just individuals hiding a wrong. In this essay, I will explore the state of online privacy in wake of the government’s warrantless data collection. Respectively, the nothing-to-hide argument and its key variants in more depth.
In law enforcement, protecting lives, safeguarding property, and reducing crime is constantly challenged by increasingly sophisticated criminal activities. Governments and law enforcement agencies strive to stay ahead of offenders and ensure the safety of law enforcement professionals relying more and more on rapidly changing technology. In-car camera systems, for example, are now valuable tools used to ensure and validate a high degree of officer professionalism (Schultz, 2016). But as criminal activities and technology changes, so does society’s views on justice. Issues related to Constitutional protections and citizens privacy as well as how defendants and victims are treated have been debated for a long time in the U.S. (“21st Century”, n.d.). Privacy, especially, is a sensitive but pertinent subject in law enforcement as the use of new technologies heighten concerns about adequate safeguards and misuse of information. Genetic information, such as
The words, “Arguing that you don’t care about privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say” were said by Edward Snowden who is a computer professional in America. Similarly, the essays “Tracking Is an Assault on Liberty,” “Web Users Get as Much as They Give,” and “Facebook Is Using You” from Nicholas Carr, Jim Harper, and Lori Andrews respectively points out that the internet privacy is good and bad. However, the articles by Carr and Andrews are based on the negative side of the internet privacy, which means that the internet privacy is not good. On the other hand, Harper’s article is based on the positive side of the internet privacy, which means that the internet privacy is good and scary, but people need to be careful of their own information and browsing histories, and websites. Jim Harper’s essay is more relevant and reasonable than the Nicholas Carr and Lori Andrews’s essays. However, Harper seems more persuasive to readers because he believes that the internet is good if people use it in a right way, whereas Carr and Andrews believe that the internet is not good at all.
The right to privacy was not established as a constitutional doctrine until after the result of the Supreme Court ruling in the 1965 case of Griswold vs. Connecticut. The court decision was based on the interpretation of several amendments within the Bill of Rights. Although the Bill of Rights does not explicitly state anything about the right to privacy, a combination of its sections was used as the framework for establishing the right (“Griswold v. Connecticut (1965),” 2007).
As citizens of America we are all entitled to our rights of privacy. When something threatens this guaranteed privacy we tend to take extra precautions to prohibit prolonged violation. As the advancing world of technology continues to grow and expand, so do the amount of cases involving privacy invasion. Technology drives these privacy-invading crimes; however, crime also drives technology, creating a vicious cycle. Without technology an invader could not enter that of a stranger’s life. Conversely, without technology that same criminal would evade the law enforcers. So does technology protect citizens’ privacy, or does it expose one’s entire life? In regards to this question, one must
Today, individuals are sacrificing privacy in order to feel safe. These sacrifices have made a significant impact on the current meaning of privacy, but may have greater consequences in the future. According to Debbie Kasper in her journal, “The Evolution (Or Devolution) of Privacy,” privacy is a struggling dilemma in America. Kasper asks, “If it is gone, when did it disappear, and why?”(Kasper 69). Our past generation has experienced the baby boom, and the world today is witnessing a technological boom. Technology is growing at an exponential rate, thus making information easier to access and share than ever before. The rapid diminishing of privacy is leaving Americans desperate for change.