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January 18, 2006
The Right to Privacy: Not Really a Right, Nor Do We Have Privacy at the Moment Anyways
I've previously stated that I'm not sure that we have a constitutional right to privacy. This is not new; Robert Bork, among others, also maintained this view. I have various reasons for this, mostly pragmatic and literalistic.
As an example of the latter reason, I quote from a letter to the editor of chattanoogan.com:
United States citizens have the right to express themselves without being subjected to reprisal. As such, nothing in the U.S. Constitution states that people cannot be monitored. What it does indicate is that the Federal and State governments will not interfere with the lawful communication and protests of the people, and these governments must protect these rights.
Not to say that I approve of the NSA monitoring US citizens without judicial order. The Fourth Amendment prohibits unreasonable searches and seizures, and the NSA runs foul of that, no matter what powers the executive branch thinks it may have. But, pragmatically, this is going to get harder and harder to stop. If I have something to say privately, I'll say it using the best encryption I can get. Since this is a wonderfully entrepreneurial nation, I expect that the first person to make that encryption as unobtrusive and easy to use as possible will make a fair pile of Hamiltons.
You know how your dad used to spend several hours per week maintaining the lawn, or waxing the car? You're going to have to spend several hours a week maintaining your privacy and identity.
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Posted by Noel at 05:34 PM
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Comments
You gain +1000 points for exemplary use of the term "Hamiltons."
Posted by: Dig at January 18, 2006 07:35 PM
The FISA law is very clear. The president has committed a crime. I hope this country has the will to do the right thing. If I might quote the founding fathers, these words ring true now more than ever. We must not abandon our freedom to fascism.
"Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety."
— Benjamin Franklin (on the title page of An Historical Review of the Constitution and Government of Pennsylvania - 1759)
"... rightful liberty is unobstructed action according to our own will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law,' because law is often but the tyrant's will, and always so when it violates the right of an individual"
— Thomas Jefferson (Letter to Isaac H. Tiffany - 1819)
"I believe there are more instances of the abridgment of freedoms of the people by gradual and silent encroachment of those in power than by violent and sudden usurpations."
— James Madison (attributed to Madison, by his contemporaries)
"On every question of construction [of the Constitution], let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed."
— Thomas Jefferson (letter to William Johnson) June 12, 1823
Posted by: glen at January 18, 2006 08:55 PM
Glen, I haven't heard that last Jefferson quote from the letter to Johnson. Fascinating to see what he thought about the problem of Constitutional interpretation. Terribly modernist, as he always was, but with all the nobility that he tended to engender.
Dig, thanks for the Cleveland.
Posted by: Noel at January 19, 2006 09:38 AM
I grant and understand that there is no constitutional right to privacy. However, that also precludes that the government nor any private citizen has the right to go into anyone's communications without a request or notice of such inspection. But we can see that this is far from happening with more and more of our lives, i.e... cell phone call records available online for a price. Conversely, with this policy to be appropriate and fair, all Government records should available for viewing. (HA!)
Posted by: pjduzit at January 30, 2006 06:46 PM
Pjduzit, I find your ideas regarding cell phone calls for sale intriguing and wish to subscribe to your newsletter.
A another quote that pertains to our prevous discussion I just ran across:
Seriously, why is it that so many conservatives don't trust that stupid, evil, wasteful government to run a social program (just give me my taxes back!), but trust them completely and lovingly to tap your phone or imprison you without trial?
Posted by: Noel at January 31, 2006 09:43 AM