Page 3 - TIPJar Winter 2018
P. 3

Does Anyone Really Expect





                                         Privacy?









               BY
               ROBERTA L. ROWE
               AND
               LEE BURDICK



                     small drone flies 350 feet   While our government hunts   But what happens when the
                     above the ground through   terrorists around the world,   line blurs between our personal
               A the beautiful rust-colored    another battle rages within U.S.   freedom from government
               mountains.  A dusty road flows   borders:  The conflict between   intrusion and our social contract
               around the mountainside and     our government’s obligation to   to forgo personal interests,
               opens up to a plateau of rock and   protect America’s homeland and   when necessary, for greater
               sand.  There sits a cluster of large   each citizen’s right to be free   public security?  As government
               industrial buildings, caked with   from government intrusion.  That   use of technology advances
               red mountain dust.  The buildings   conflict is magnified when new   exponentially faster, that line
               cover approximately a million   surveillance technologies disturb   may disappear entirely, which
               square feet, the size of three   the balance between privacy    begs the question:  Do we have a
               football fields in each direction.    and safety.  More importantly,   reasonable expectation of privacy
               The facility is shielded from the   that war is being fought locally,   anymore?
               road by 10-foot concrete walls   in our cities, counties and school
               and a checkpoint with guards,   districts.                      A Brief History of Privacy
               dogs and guns.
                                               Since 1998, Americans have      Though the right to privacy is
               Inside, the buildings hum with   increased their Internet use   revered as fundamental, the
               the whir of supercomputers      by over 42 percent, and 75      phrase never appears in the
               that store gargantuan amounts   percent of citizens now access   U.S. Constitution, nor in the
               of data, including emails, phone   it regularly, for everything from   Bill of Rights.  The closest our
               calls, Google searches and      telephone service and email to   founders came to a “right to
               electronic communications from   online shopping and schooling.    privacy” is inferred from various
               around the world.  The machines   What most Internet users often   constitutional amendments.
               download data at the rate of 20   don’t consider is that almost   In 1965, Justice William O.
               terabytes—the equivalent of     any electronic communication    Douglas explained in Griswold v.
               the entire Library of Congress—  can be monitored, scanned and   Connecticut:
               every minute.  Is this a delusional   stored indefinitely without their
               conspiracy theory?  A dark      knowledge.  Their public activities   “Various [constitutional]
               fantasy?  An imagined dystopian   can be watched and recorded     guarantees create zones
               future?  This is the National   in the finest resolution.  Facial   of privacy.  The right of
               Security Agency’s $1.5 billion   recognition software can identify   association contained in
               Utah Data Center, located in    people in public spaces almost    the penumbra of the First
               Bluffdale, Utah, the first place the   instantaneously.  Yet most of us   Amendment is one. … The
               government goes to search for   move through the world with little   Third Amendment, in its
               terrorists, foreign and domestic.    concern for these technological   prohibition against the
                                               intrusions.                       quartering of soldiers ‘in any


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