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Surveillance in america
The importance of the right to privacy
The importance of the right to privacy
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The right to privacy is our right to keep a domain around us, which includes all those things that are apart of us, such as our body, home, property, thoughts, feelings, secrets and identity. The right to privacy gives us the ability to choose which parts in this domain can be accessed by others, and to control the extent, manner and timing of the use of those parts we choose to disclose (Privacy Concerns 1). “Everyone has the right for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right…” (Privacy concerns 2). In 1998, the Human Rights Act, the act sets out the fundamental rights and freedoms that individuals have, came into force; it incorporated the European Convention on Human Rights, Article 8 which protects the right to private and family life. Was the first time there was a generalized right to privacy recognized by law in this country.
Americans’ personal privacy is being to be ruined by the rise of four different types of surveillance system. The four are: federal government agencies; state and local law enforcement entities; telecoms, web sites and Internet “apps” companies; and private data aggregators .The right to privacy is not derived from any source; however the Declaration of Human Rights states that "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor attacks upon his honor or reputation"(Stone 348). The right to protection is also secured by the Privacy Act of 1974 and found through the in the first, fourth and fifth amendments of the United States Constitution.
Although according to Evan Stone, “The Privacy Act does not contain an exemption for third party priv...
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Hughes, Kirsty. "A Behavioral Understanding of Privacy and Its Implications for Privacy Law." Modern Law Review 75.5 (2012): 806-836. Academic Search Complete. Web. 6 Apr. 2014.
"National Security -- Telephony Metadata Collection -- White Paper Argues Metadata Collection Is Legal Under The USA Patriot Act." Harvard Law Review 127.6 (2014): 1871-1878. Academic Search Complete. Web. 4 May 2014.
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Stone, Lieutenant Colonel Evan M. "The Invasion of Privacy Act: The Disclosure of My Information in Your Government File." Widener Law Review 19.2 (2013): 345-385. Academic Search Complete. Web. 6 Apr. 2014.
A short background on the laws concerning surveillance will help clear up some misconceptions on the NSA. Back in 1968, the Wiretap Act protected citizens from the government listening to their phone call...
How much privacy do we as the American people truly have? American Privacy is not directly guaranteed in any manner under the United States Constitution; however, by the Fourth Amendment, Americans are protected from illegal search and seizure. So then isn’t it ironic that in today’s modern world, nothing we do that it is in any way connected to the internet is guaranteed to remain discreet? A Google search, an email, a text message, or even a phone call are all at risk of being intercepted, traced, geo located, documented, and stored freely by the government under the guise of “protecting” the American people. Quite simply, the Government in order to protect us and our rights, is willing to make a hypocrite of itself and act as though our right is simply a privilege, and without any form of consent from the people, keep virtual tabs on each and every one of us. In the words of Former Supreme Court Justice Louis Brandeis “The right to privacy is a person's right to be left alone by the government... the right most valued by civilized men." Privacy isn’t just Privilege, it is nonnegotiable right, and deserves to be treated as such.
The feeling that someone is always watching, develops the inevitable, uncomfortable feeling that is displeasing to the mind. For years, the National Security Agency (NSA) has been monitoring people for what they call, “the greater good of the people” (Cole, February 2014). A program designed to protect the nation while it protects the walls within as it singles people out, sometimes by accident. Whether you are a normal citizen or a possible terrorist, the NSA can monitor you in a variation of ways. The privacy of technology has sparked debates across the world as to if the NSA is violating personal rights to privacy by collecting personal data such as, phone calls and text messages without reason or authorization (Wicker, 2011). Technology plays a key role in society’s day to day life. In life, humans expect privacy, even with their technology. In recent news, Edward Snowden leaked huge pieces from the NSA to the public, igniting these new controversies. Now, reforms are being pressed against the government’s throat as citizens fight for their rights. However, American citizens are slammed with the counterargument of the innocent forte the NSA tries to pass off in claims of good doing, such as how the NSA prevents terrorism. In fear of privacy violations, limitations should be put on the NSA to better protect the privacy of our honest citizens.
Privacy (Pri-va-cy) n.1.the state or condition of being free from being observed or disturbed by other people. Americans fear that technological progress will destroy the concept of privy. The first known use of wiretap was in 1948. It’s no secret that the government watches individuals on a daily bases. According to the constitution, the Fourth Amendment serves to protect the people from unreasonable searches and seizures by the government. Unreasonable is the word that tips the balance On one side is the intrusion on individuals’ Fourth Amendment rights and the other side is legitimate government interests, such as public safety. What we consider reasonable by law, the government might not think so. The word ‘privacy’ seems to be non-existent today in the 21st century; the use and advances of technology have deprived us of our privacy and given the government the authority to wiretap and or intervene in our lives. Our natural rights we’ve strived for since the foundation of this nation are being slashed down left to right when we let the government do as they wish. The government should not be given the authority to intervene without a reasonable cause and or consent of the individual
The United States government is up to its ears in the personal information it has collected from its citizens. Americans are becoming increasingly “aware of these slowly eroding walls of privacy,”(Hirsh) and more than half polled admit concern “about the overall accumulation of personal information about them “by […] law enforcement, government, […] and other groups,” though “they accept it as an unavoidable modern phenomenon” (Hirsh). The question is, how far is too far to trust the government with the collection, proper storage, and usage of this information? Studies show that “Americans believe that business, government, social-media sites, and other groups are accessing their most personal information without their consent” (Hirsh). People should be given the ability to admit or deny access to their personal information. The government does not have a right to use whatever information it wants for any purpose it wishes. Michael Hayden, once the NSA director for seven years, says, “Even I recognize that it's one thing for Google to know too much, because they aren't putting me in jail. It's another thing for government, because they can coerce me” (Hirsh). The United States government's ability to collect information about its citizens and residents should be restricted by what kind of information it can take, how it can acquire it, and what it can use it for.
Privacy is an incredibly elusive concept, partly because no one can agree on what constitutes an invasion of privacy. One famous publication in the 1890 edition of the Harvard Law Review defines privacy as “...the right to be let alone” (Warren). While this suffices for a cursory look at the definition of privacy, a closer look reveals that it is still very vague (the latter portion of the journal reiterates this). Specifically, it does not address breach of privacy, a concept that is still disagreed upon today. There are many different interpretations as to what constitutes an invasion of privacy.
Citizens feeling protected in their own nation is a crucial factor for the development and advancement of that nation. The United States’ government has been able to provide this service for a small tax and for the most part it is money well spent. Due to events leading up to the terrifying attacks on September 11, 2001 and following these attacks, the Unites States’ government has begun enacting certain laws and regulations that ensure the safety of its citizens. From the Foreign Intelligence Surveillance Act (FISA) of 1978 to the most recent National Security Agency scandal, the government has attempted and for the most part succeeded in keeping domestic safety under control. Making sure that the balance between obtaining enough intelligence to protect the safety of the nation and the preservation of basic human rights is not extremely skewed, Congress has set forth requisites in FISA which aim to balance the conflicting goals of privacy and security; but the timeline preceding this act has been anything but honorable for the United States government.
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...
The fight for privacy rights are by no means a recent conflict. In fact, there was conflict even back in the days before the revolutionary war. One of the most well-known cases took place in England, ...
As said by Eric Hughes, "Privacy is the power to selectively reveal oneself to the world. " 2 As written by Supreme Court Justice Louis Brandeis in 1928, the right most valued by the American people was "the right to be left alone". " 3 Previously it took a lot of equipment to monitor a person's actions, but now with technology's development and advancement all it requires is a computer. And there are many mediums which can be monitored, such as telephones, email, voice mail, and computers.4 People's rights are protected by many laws, but in private businesses there are few laws protecting an individual's rights.
The world erupted in outrage following revelations by Edward Snowden regarding the extent of surveillance perform by the National Security Agency. Privacy becomes one of the hottest topic of 2013 and was chosen by the world’s most popular online dictionary, Dictionary.com, as the Word of the Year. However, the government is not the only one that conduct data gathering and surveillance. Employers often monitor their employees, and businesses collect data on theirs customer. The morality of these practices is a topic that generates heated debate.
As society has progressed, there have been many new innovative and unbelievable developments in almost all aspects of life that have ultimately created an impact. More specifically, advancements in technology have rather had a much larger and intense impact on society as it continues to grow. Technology has allowed for many great and useful applications that has made life much easier and convenient. However, many aspects of technology have given a rise to a number of social and ethical issues, causing numerous debates and concerns. One of the more prominent concerns deals with the issue of privacy rights.
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.
There has always been surveillance of the general public conducted by the United States government, the usual justifications being upholding the security of the nation, weeding out those who intend to bring harm to the nation, and more. But the methods for acquiring such information on citizens of the United States were not very sophisticated many years ago, so the impact of government surveillance was not as great. As a result of many technological advancements today, the methods for acquiring personal information - phone metadata, internet history and more - have become much simpler and sophisticated. Many times, the information acquired from different individuals is done so without their consent or knowledge. The current surveillance of people by the United States government is unethical because it is done so without consent and it infringes on a person’s rights to privacy and personal freedom.
Right of Privacy Timeline. N.p.: Leading Issues Timelines, 2013. N.p. Web.