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Reader Post | By Charles
“Justice Louis Brandeis, the greatest defender of privacy in the 20th century, lamented that American law, unlike European law, was not historically concerned with offenses against what the Romans called honor and what in more modern terms we call dignity.”
— from “Madison’s Privacy Blind Spot”, an opinion piece by Jeffrey Rosen in the NY Times Sunday Review, January 18, 2014
http://nyti.ms/1azNX2s
That was an interesting opinion column, in the NY Times, published ten years ago. It focused on how James Madison’s opposition to federalism and calls for restraints on government (those restraints took the form of amendments to the original US Constitution that we know as the “Bill of Rights”) failed to include the private sector, where I believe the NSA moved its surveillance, after they were caught, not just spying, but repeatedly lying.
American law has been crafted, according to this article, not primarily to protect our dignity, but to restrain the government from encroaching on our liberty. Consequently, the Constitution has proved to be weak in protecting us from the actions of private corporate entities. Restrained by law, corporations don’t act to infringe on our lawful rights; they rob us of our dignity, essentially, of the basic human need for privacy in our lives.
It’s not the government we need to watch … it is private corporations. They are recording just about everything we do, if what we do leaves a digital fingerprint. And just about everything we do leaves one. Collecting that personal information is an offense against our dignity. The collectors have legal cover for it; it’s not in violation of any law or constitution protection. Is it a violation of our privacy? Without question, yes.
Indeed, I believe that the collection of data on our transactions, connections, conversations, and even our location constitutes “unreasonable search and seizure”, which is prohibited by law in the United States.
Very few of us have anything that absolutely must be kept secret (I don’t. Do you?). Yet all of us have a right to privacy, in our loves, our lives, finances, and even our moral indiscretions. That’s what I believe.
That data collection and storage is just one more way in which technology is being used to destroy the will of the people to resist corporate control of their lives. Pervasive surveillance by private corporations is only one more of many ways in which humanity is being sucked out of our lives.
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And even if we’ve done something immoral, we still have a right to privacy. To our dignity. Our humanity.
Perhaps no one can expect privacy and still function in the digital age … but I say resist it. Resist it often.
You disagree? Please let me know why!
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Charles
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