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Why we care about privacy
Internet privacy
Why we care about privacy
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Madison Childers Mr. Sobieck Honors 20 March 2016 Every citizen has a fundamental right to privacy. No citizen should have the government looking at his or her information without his or her permission. The amendments in the constitution should be enough to protect citizen’s privacy. The government should not have the right to collect people’s personal information. The fourth amendment gives every citizen a right to privacy. In the fourth amendment it clearly states that police or the government do not have the right to search citizens or their property with out having probable cause. What this really means is that everyone has a right to keep their property and their information to themselves. Its not something the government or law …show more content…
Our founding fathers did not have the technology that we have today so of course it was not included in the constitution. Many court cases have been very disputable when it comes to the constitution and laws on technology. Since the constitution does not directly talk about technology, people have interpreted parts of it, such as the fourth amendment, differently. Every citizen should have a basic right to privacy when they are using technology. This is another thing that the Fourth Amendment covers. The Fourth Amendment basically states that the government is not allowed to use your personal technology against you. Just because personal information is not physically there, but on the Internet or on a computer, it does not give the government the right to use it against …show more content…
Privacy is so important to protect because it allows us to make our own decisions. Privacy refers to the right to be left alone. Event though the constitution does not say so directly, it still provides amendments that clarify the privacy and protection that is given to citizens. When it comes to things like Internet privacy, you fight for the rights of everyone, including yourself, even if your choice is to not exercise those rights. The real issue of privacy is that it boils down to everyone not just you as an individual. Not only does a person have the right to their own information, but also they have the right to determine how their information is used and how private or public their personal identity
The 4th amendment provides citizens protections from unreasonable searches and seizures from law enforcement. Search and seizure cases are governed by the 4th amendment and case law. The United States Supreme Court has crafted exceptions to the 4th amendment where law enforcement would ordinarily need to get a warrant to conduct a search. One of the exceptions to the warrant requirement falls under vehicle stops. Law enforcement can search a vehicle incident to an individual’s arrest if the individual unsecured by the police and is in reaching distance of the passenger compartment. Disjunctive to the first exception a warrantless search can be conducted if there is reasonable belief
" Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment. The Third Amendment in its prohibition against the quartering of soldiers. The Fourth Amendment explicitly affirms 'the right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures'. The Fifth Amendment in its Self Incrimination Clause.
Privacy comes at a cost. It brings people who fight for the people the privacy of others when it is violated together. Cops not being able to search when they seize a cell phone makes them risk their lives because how people these days are, there could be bombs in the phone. Even though this amendment was ratified, people to this day still don’t have privacy they rightfully deserve. This effects me because I’m able to keep special information to myself. Also, if a police pulls over a family member and ask for their phone to investigate without giving a proper reason or having a warrant, that family member could say no. If a police hasn’t given you a good reason to hand something over, you have the right to resist or else the police are being unconstitutional. This amendment gives people the safety to do what they want(that’s legal). It also makes life better, but harder. Life is harder with this amendment because you have to watch out for who you trust that they won’t do anything to jeopardize your safety. This is relevant because a man in Indiana was tracked down by a GPS. It didn’t violate his 4th Amendment because the police got a warrant to put a tracking device in his mom’s car. This case represents how technology gives advantages and disadvantages. An advantage was that they were able to track him down for a burglary. The disadvantage would be that if they hadn’t gotten a warrant, he could have filed a lawsuit against
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found in the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a particular case. The 4th Amendment only applies when certain criteria are met. The first criterion is that the government must be involved in a search or seizure via government action.
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
In 1787, the Constitution, created by a group of men known as the “Framers”, is the highest law in the United States. At first, the Constitution was not ratify because it did not have a bill of rights which is a list of rights that belong to the people. Therefore to allow changes to the Constitution, the Framers created the amendment process. In 1791, congress proposed twelve changes to the Constitution. Ten of the twelve changes were agreed to by the states and were called “The Bill of Rights.” Some of these rights include the right of free speech, the right to practice your own religion and the right to be silent if you are arrested.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” –U.S. Constitutional Amendments
A-58). It also requires “a warrant that specifically describes the place to be searched, the person involved, and suspicious things to be seized” (Goldfield et al. A- 58). The Fourth Amendment protects the privacy of the people by preventing public officials from searching homes or personal belonging without reason. It also determines whether “someone 's privacy is diminished by a governmental search or seizure” (Heritage). This amendment protects citizens from having evidence which was seized illegally “used against the one whose privacy was invaded” (Heritage). This gives police incentive to abide by the Fourth Amendment. The Fourth Amendment protects a person’s privacy “only when a person has a legitimate expectation to privacy” (FindLaw). This means the police cannot search person’s home, briefcase, or purse. The Fourth Amendment also requires there to be certain requirements before a warrant can be issued. The Fourth Amendment requires a warrant “when the police search a home or an office, unless the search must happen immediately, and there is no opportunity to obtain a warrant” (Heritage). The Fourth Amendment protects the privacy of the people, but also the safety of the people. When there is probable cause, a government official can destroy property or subdue a suspect. The Fourth Amendment prevents government officials from harassing the public.
The United States Constitution is the most fundamentally important document to the U.S. government. This is because the constitution serves to outline the ultimate set of laws and the basic structure of the American governmental system. Each article and amendment serves a distinct and vital purpose in achieving the goal of creating a more perfect union as stated in the preamble. However, recently the expiration of the Patriot Act and subsequent passage of the USA Freedom Act have thrust the 4th Amendment into theThe 4th Amendment provides the chief means of protection of an individual’s right to privacy. It also stands to ensure that every person has the right to live free of indiscriminate interference by government officials. While an
The word “privacy” did not grow up with us throughout history, as it was already a cultural concept by our founding fathers. This term was later solidified in the nineteenth century, when the term “privacy” became a legal lexicon as Louis Brandeis (1890), former Supreme Court justice, wrote in a law review article, that, “privacy was the right to be let alone.” As previously mentioned in the introduction, the Supreme Court is the final authority on all issues between Privacy and Security. We started with the concept of our fore fathers that privacy was an agreed upon concept that became written into our legal vernacular. It is being proven that government access to individual information can intimidate the privacy that is at the very center of the association between the government and the population. The moral in...
Many people believe that personal privacy is more significant than national security. One main reason being that the Fourth Amendment of the United States Constitution states that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated… (Cornell).” A few other reasons being that people
The privacy of the individual is the most important right. Without privacy, the democratic system that we know would not exist. Privacy is one of the fundamental values on which our country was founded. There are exceptions to privacy rights that are created by the need for defense and security.
Privacy is a right granted to all American citizens in the Fourth Amendment which states “people have the right to be secure in their persons, houses, papers, and lives against unreasonable search and seizures”. Although our founding fathers could have never predicted the technological advancements we have achieved today, it would be logical to assume that a person's internet and phone data would be considered their effects. This would then make actions such as secretive government surveillance illegal because the surveillance is done so without probable cause and would be considered unreasonable search or seizure. Therefore, access to a citizen’s private information should only be provided using probable cause with the knowledge and consent of those who are being investigated.
Privacy has been a problem throughout the American history. It is natural for people to want their own privacy without anyone or anything to see what they look up on the internet. The people of the United States thought that at one point in their life they had privacy and that the government wasn’t looking through their phone calls or internet history. Yet, in 2013 a man came out and told the people of America that the government has every call, internet history and more. This made the people freak out and hate the government. But the government should be allowed to regulate, monitor, and censor the internet for the safety and care of the citizens of the United States even though the people have the right to privacy.
Historical/practical rights are one of the biggest issues and it all started back in colonial America. In colonial America, privacy was constrained. Colonial homes were often crowded, affording little privacy. There have been many events about privacy since 1639. In 1787, the U.S. Constitution was written declaring it does not contain an express right of privacy, in Article 1, Section 2, Paragraph 3, the Constitution mandates that a census be conducted every ten years. Critics of the census regard it as a threat to privacy (Right of Privacy Time).