It's April. Not the usual time for a Christmas letter, but don't worry. This won't be one. It will, however, discuss the purpose of such a missive – what's new with you.i That's what it's for. The letter is designed to reveal certain “personal” facts to as many people as practicable with as little effort as possible. It represents the distribution of information – the antithesis of privacy. There are things we want everyone to know, whether they're interested or not. My guess is that people would be less eager to “share”ii all their private thoughts and actions with the IRS. But April's not the time to talk about that.
There seems to be an impulse in our society, and in other countries as well, to expose everything – including the skinny about our selves and about others. We demand it of our government and all the agencies that impact on our lives, and we call it “transparency.” That's a high-minded way of saying that we're both exhibitionists and voyeurs – in terms of national and international functions as well as our own lives. And we now have the tools to make our urge to tell all – and our uncontrolled nosiness – easier. With blogs and the social media we can learn everything we want to know, and reveal everything about ourselves and others to the world. And the audience seems to be there. What used to be private parts, for example, can now become part of the public domain; all you want to know about the family jewels is given away – no negotiation is necessary. Freud would have a ball.iii We like to think that we live in an age of information, but it's more an age of too much information.
It hasn't always been this way. It wasn't until long after his death that I learned of FDR's polio and inability to walk unaided, and of the indiscretions that allowed him to perform other unreported acts. There was a time – a time gone by now – when the press and the public respected personal privacy. (It wasn't universal – paparazzi have been around for a long timeiv Indeed, their appearance was anticipated.v They were more interested in the money than the ethics.) As long as an individual's acts did not affect others, there was little said or done about them. Now, although we speak of “the need to know,” and “eyes only,” those concepts seem to be intended only for fiction. WikiLeaks, and its clones, disclose everything. Who or what is compromised is irrelevant.
The issue of privacy is a difficult one. The First Amendment makes free speech a priority,vi but other amendments, including the fourth and fifth, make the home inviolate and protect one's property and thoughts – they address the protection of privacy, even though it is not expressed in those words. Since the Warren and Brandeis article asserted this idea it has been seen as one of our inalienable rights.vii Still, it's easy to become ensnared in the minutiae of the laws as applied to individual cases. With all that, however, I see one point as basic to the whole concept, even though I recognize that choosing a single fundamental precept in those cases may be difficult.
From my perspective, the primary principle, as expressed by Cooley, is “the right to be let alone.”viii Not everyone is interested in this protection – at least not all the time. But it's important to remember that we are all being “recorded” all the time, and the assembling of information about us takes place at virtually every moment. In some instances this is through the use of mechanical and electronic devices data bases which merge internet, telephone, medical, fiscal, DNA,ix consumer, library, etc. records in a manner that permits easy retrieval. And there are surveillance cameras everywhere. It's easy to see the value of such collections of information, especially in cases of emergency or for fighting crime, but it's even easier to see how they my be misused. While anecdotes and fiction are not good sources for such examples, it is hard to avoid the stories on television which show the good guys browbeating and accusing someone of a crime based on that kind of information, and later learning that someone else is guilty. A simple “I'm sorry” – and that is rarely seen on these shows – cannot reconstruct a life that has been ruined, or heal an innocent person who has been emotionally scarred by such subservience to the computer. It is likely, as well, that if we knew what was being recorded we would not agree to placing all that information in those data bases. But no one asks. The only way they “let [us] alone” is by not flaunting what they are doing. What we don't know ...
Privacy is claimed by most web sites, and they generally ask (or force) you to read and accept that policy before you can sign on and sign in. They don't really expect people to actually do so – only to indicate their agreement in some legally binding way, and then click to move on without wasting time reading it. Very often, however, the “privacy” they offer is absent or illusoryx It is reasonable to assume that anything that goes onto your computer is open to anyone who has the software and the interest to mine it.xi And that includes other devices as well. There's a GPS in most everything nowadays, so you can't hide. Your vehicle navigation system can certainly reveal where you are . And if it doesn't, your cell phone will find you
Perhaps, however, the whole idea of privacy has outlived its usefulness. Transparency is the catchword of the day and secrets are to be shunned. The “tell all” and gossip columns in the newspapers. and the magazines which reveal all the “secrets” of the famous, are big sellers. While it is likely that most of the material in them is planted by the publicists for those people, to a great degree they pander to the desire of much of the population to know about the lives of others. How harmful can it be to learn everything that is going on? WikiLeaks has made it clear that the revelation of everything happening in government can be problematic. There are certain areas where the guarantee of confidentiality is necessary if there is to be communication between the involved parties, and if they are to accomplish their goals.xii The Constitution itself, which we all cite as the basis of our liberty and rights, was the product of secret negotiations and a secret compromise. And other compromises – labor, political, international, legal – would never be accomplished if some guarantee of secrecy were not given the negotiators.
The right to “privacy” has been accepted by the Court to a great degree following Roe v. Wade and Doe v. Bolton, although their cases dealt with decisional rather than informational privacy. But those classifications may be difficult to separate. Decisions are based on information, and the knowledge of decisions and acts should have the same protection as the decisions and the acts themselves. So if a thought, or an act, or a location is not a threat to others, it should be off limits unless the owner chooses otherwise. It is not the prerogative of the state, or anyone else, to invade an individual's privacy. We all have a right to be let alone. Often, though, while the law is on our side, it may not help. Legal cases will be sporadic and they'll only apply to the particular plaintiffs. No matter how broad the law and its interpretation, unless you sue (and who can afford that?) no one will pay any attention to the law.
So what's the answer? Sorry, there is none. We've crossed the Rubicon. There's already too much about us out there. We've gone too far too fast. They, whoever “they” are, know more about us than we do ourselves. They keep better records, so there's no hope. At least none for us. Perhaps if you warn your children or grandchildren to go into hiding and not give any information to anyone, they can escape the intrusions. But they won't listen. The electronics are too seductive and too much fun, and they don't care about privacy. It's a thing of the past.
There is an apocryphal motto of the “Acme Door Company”: “We stand behind every door.” It's unfortunate that we have to look behind each door, but we do. And once we're certain that no one is there, we should keep the door closed. If it doesn't adversely affect someone else, what happens in our minds, or in an area which we can reasonably consider private, should stay there. That's our right. And when, knowingly or not, we voluntarily surrender that right, we surrender our selves.
Next episode: “Death And Texas” – Nothing to do with the IRS.
i I mentioned that briefly last week when talking about newspapers and their lack of emphasis on anything that doesn't suit their biases and their wish to make money. Your letter fills in some of the blanks and presents “metered” news with all your biases included, but no attempt to make a profit.
ii “Sharing” and “caring” are the warm and fuzzy catchwords of current life.
iii Or at least a cigar.
v See Warren and Brandeis, The Right to Privacy, Harvard Law Review, 1890. (4 Harv. L. Rev. 193 – if you care.)
vi I'll leave the issue of free speech for another time, although it bears a significant relationship to privacy.
vii Interestingly, no such right is explicit in the Constitution. Although certain other rights are spelled out, there is no mention of privacy. What we accept as an inalienable right (actually the Declaration of Independence says “unalienable,” but that doesn't change the meaning) is inferred from common law, common sense, and rights of personal property.
ix Getting material for the determination of DNA is easy. Apart from the tricks on the television shows, whenever a blood test is done the DNA can be obtained if it's in someone's interests. Should insurance companies have access? Should rates be governed by the findings? Should they remain secret with the result that everyone shares the costs of care for those who pose the greater risk? Privacy is a complicated issue.
x The policy for my home page follows. I read it for the first time when preparing this essay. It is generally long and dry and says they can use or distribute my information as they see fit, though it is clearly primarily for advertising uses. It certainly does not give me much privacy – at least not if I want the site to work properly.
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PRIVACY POLICY
CONSUMER PRIVACY AND THE EXCITE® WEBSITE AND RELATED SERVICES Excite.com is operated by Mindspark Interactive Network, Inc. ("Mindspark"), part of the IAC family of businesses(www.iac.com) which includes Ask.com, iWon.com, Girlsense.com, Life123.com, Vimeo.com, Citysearch, Evite, Match.com, Girlsense.com, ServiceMagic, Gifts.com, Pronto, Shoebuy, College Humor, and many others.
At Mindspark, we respect the privacy of our users and the importance of the information they entrust to us. We summarize below the basic information policies and practices in place on the Excite.com website and related applications/services (each, an "Excite Product" and collectively, the "Excite Products"). To read the entire Privacy Policy applicable to the Excite Products, please click here.
Last Updated: February 3, 2009
Information we may collect (Read more)
We may collect information that can identify you ("personal information"), such as your name and email address, (i) when you (or other users) provide it to us when using any Excite Product or in some other manner, or (ii) from other IAC businesses, from our business partners, and from other third parties. We may combine the personal information that we receive from different sources.
We also may collect other types of information in the following ways when you visit any Excite Product our website:
- Our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track users' movements around our site and understand trends
- We may assign your computer one or more cookies which may collect information to facilitate access to our website and to personalize your online experience.
- We may use standard Internet tools, such web beacons, which collect information that tracks your use of our website and enables us to customize our services and advertisements.
We do not knowingly collect personal information from children under the age of 13. Should we ever do so, we will comply with the Children's Online Privacy Protection Act.
Information others may collect (Read more)
We may allow third-party advertising companies or ad networks to display advertisements on our websites.
- We do not provide any personal information to these companies.
- These companies may use tracking tools, such as cookies, to collect information about computers used to view or interact with their advertisements.
- Some of these companies may be members of the Network Advertising Initiative, which offers consumers the ability to opt out of ad targeting by all member companies.
If you post information about yourself or others, or communicate with others using any Excite Product, please note that we cannot control who reads your postings or what they do with the information you provide. We encourage you to use caution in posting personal information.
How we may use information we collect (Read more)
We may use information to:
- Fulfill your requests for products and services;
- Offer products and services that may be of interest to you;
- Process payment for products or services you order via an Excite Product;
- Customize the advertising and content that you see on our website;
- Facilitate use of our Excite Products;
- Manage your account and your preferences;
- Analyze use of and improve our website, products and services;
- Identify and protect against fraudulent transactions and other misuses of our website; and
- Enforce any EULA, terms of use, terms of service or other terms/policies governing your use of the Excite Products.
We will not share your personal information with others except as indicated below, or except when we inform you in advance and give you the opportunity to opt out. We may share personal information with:
- Service providers, such as credit-card payment processors, performing services on our behalf;
- Other IAC businesses;
- Other businesses with which we partner or which we carefully select to offer you products, services, and promotions through our Excite Products or offline; and
- Other third parties in limited circumstances, such as complying with legal requirements, preventing fraud, and protecting the safety of our users.
We may share aggregated, non-personal information in any of the above situations and also with advertisers and others.
Your choices (Read more)
You may choose:
- Not to provide personal information, although that may result in your inability to obtain certain services or use certain features of our Excite Products;
- To stop receiving promotional emails or newsletters from us by sending an email to the contact address at the bottom of this policy or by modifying your email and information sharing preferences by clicking here;
- To delete or decline cookies by changing your browser settings, although if you do so, some of the features or services of the Excite Products may not function properly;
- To review and update your personal information by contacting us at the email address below or, if you have an online account on our website, by logging into that account
We take appropriate physical, electronic, and other security measures to help safeguard personal information from unauthorized access, alteration, or disclosure.
Changes to our Privacy Policy
We may occasionally update our Privacy Policy to reflect changes in our practices and services. If we make material changes in the way we collect, use, or share your personal information, we will notify you by sending you an email to your Excite.com email address and/or by prominently posting notice of the changes on the Excite website.
xi Every day there are stories of hackers and of the information they have stolen.
xii Not just the classic categories of priest/penitent, attorney/client, and doctor/patient.
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