Is privacy a right?
I briefly touched on this in another thread, but I think it merits a discussion of its own.
Is there an Objectivist view as to whether privacy is a right? In her book For The New Intellectual Ayn Rand said, "Civilization is the progress toward a society of privacy." But I haven't seen any mention of whether she regarded privacy itself as a right.
Is gaining unauthorized access to a website containing personal information an initiation of force? Is releasing this information to the public an initiation of force? Would either action constitute a crime in a society and legal system based on Objectivist principles?
Is there an Objectivist view as to whether privacy is a right? In her book For The New Intellectual Ayn Rand said, "Civilization is the progress toward a society of privacy." But I haven't seen any mention of whether she regarded privacy itself as a right.
Is gaining unauthorized access to a website containing personal information an initiation of force? Is releasing this information to the public an initiation of force? Would either action constitute a crime in a society and legal system based on Objectivist principles?
"Ours was the first government based on and strictly limited by a written document—the Constitution—which specifically forbids it to violate individual rights or to act on whim. The history of the atrocities perpetrated by all the other kinds of governments—unrestricted governments acting on unprovable assumptions—demonstrates the value and validity of the original political theory on which this country was built.”
I would say a simple case of hacking into a website and then divulging the private information collected would be immoral and criminal. But what if the private information was collected by a third-party with disregard of individual rights and the hacker meant to expose the collection? You got me.
Would you accept the following?
Information is value. Stolen information is stolen value. Information about the individuals is their own. Only the individuals can decide with whom to share their own information in return for value, a trade. The traded information in not public, until the individuals give their consent.
Many individuals crave for publicity. Let them. All the others are entitled to the ownership of their own information, in private.
It is the government that is the most prominent and an insatiable collector of unneeded information about the individuals. Google is a close second.
In practice, things that you do or leave in the open and public domain, you have 'no expectation of privacy'. Such as putting something in a trash can and putting it on the curb, there is no expectation that someone else might not dig through it.
As an aside, I certainly wouldn't want to live in a society that doesn't value personal privacy. Hell, I'm pretty upset with the treatment of our rights (among them, privacy) in our republic in this, our 21st century.
The Fourth Amendment outlines the restrictions on the government in much of this regard, though the word "privacy" is never used. It is that unless the government has probable cause, it shouldn't be bothering us in the first place, and that unless they have a specific Warrant, they have no authority to conduct a search of our property (including person, land, or effects - which absolutely in my mind constitutes digital communications). In other words, they should respect the ability and prerogative of a citizen to go about his/her business without the oversight or approval of the government. To me, that's what privacy is about right there.
We can go on into the Fifth Amendment, where the government's relationship with regard to a citizen is outlined as being one of innocent until proven guilty. What this means in practical terms is that until and unless the government has reason by virtue of suspicious circumstances or behavior to involve themselves in our affairs, it should never go looking for evidence of that trouble. The "big brother is watching you" mantra is a violation of public trust because it inherently treats citizens as law-breakers rather than law-abiders.
In the classic parallel to Atlas Shrugged, it is the pretense to gain power that the government needs to watch over everything to keep us safe, when in fact we should say that first and foremost it is the citizens of this nation who bear this responsibility. The government should be relegated strictly to a responsive attitude, because that is the only way "innocent until proven guilty" can work. If one presumes the role of active "prevention" a la Minority Report, one must of necessity assume the worst of the citizens rather than the best.
(We should be sending all those b@$t@rds to prison.)
Ayn would tell you that life, liberty, freedom, privacy, security and property all fall under the category of individual rights.
Without one you don't have any of the others and you will soon be consumed by collectivism.
Ayn said that the problem with our political system is: One side argues, "If you want your life you will give up your freedom."
The other side argues: "If you want your freedom you will give up your life."
"...Neither side is facing the fact that freedom and life are a the same thing. Without one you don't have the other."
I answered this from the view of the Bill of Rights before.
Where appropriate, Govt. can interfere with one's privacy. See my post below.
Of course, it should be done at a minimum - only for our protection.
It is not privacy per se I am worried about as that the government and many non-governmental organization besides think they have every right to interfere in my life and liberty using such information as they acquire. We can't put the information genie back in the bottle. But we can severely limit what can be done to people with the information.
have my life honored and not invaded or coerced. . if force is used
to invade or pressure me to obey someone else's will, it is criminal. -- j
.
Cast your imaginations back to a small hypothetical Czech town, at some time between about 3000 BC and 1930 AD. Your family has lived in this town for millennia, as have the other members of the town, which is filled with aunts and 2nd cousins. Everyone knows what everyone else is doing as a matter of course. The town is one giant extended family. The idea of an anonymous life is outside of your social expectation.
Now imagine NY in 1950. You are surrounded by millions of strangers who are indifferent to your welfare and possibly inimical to it. Privacy becomes an issue.
Until post-WWII, most of the world was rural and privacy was moot in that context because the scope of interaction was small and personal. The FF (Founding Fathers, not Fantastic Four) were much closer to the Czech town than to the Internet and I think that while personal rights were important to them, it did not really occur to them that privacy was one of these rights.
We are evolving into a society that needs and values privacy and while we can rely on the durable foundation of personal rights to base our laws on, we are really building a new structure and should look at it in that light.
Jan
That being said, once our thoughts or actions extend beyond our private domain (like when they're posted on Facebook, or stored on a "cloud"), privacy ceases to exist. Personal responsibility is required to maintain real privacy. I store nothing on a "cloud", keeping my backup information local, and my Facebook profile contains no private information for myself, my family, or my friends (real ones, not a phony statistic). Maintaining privacy requires personal dedication and effort.
As to placing personal information on a website or any other 'place' where an unlimited number of people can and do gain access, either 'authorized' or 'unauthorized', is simply foolish and government's or business's demand that one do so is the initiation of force.
and intended force is to be permitted.
This is how the Twelve Visions Party and Mark Hamilton's Prime Law, would look at this scenario.
Just one of the aspects to think about and a reason I never indulge in social media. Even here the decision was carefulloy thought out.
While we're at it, it may well be a good idea for lawsuits over privacy issues to become private matters themselves unless the winning side wants them exposed. Until then they only lead to the Streisand Effect. https://en.wikipedia.org/wiki/Streisa...
But this attitude will surely cut down the ability of a society to collaborate, so the rules need to be pretty carefully crafted.
Emotionally, if someone hacks into my website or emails, I am pretty angry and want revenge on them. In the wild west, this would have been handled personally, first with talk, and then with violence. Hopefully, we can come up with rules that are fair and enforceable.
In the meantime, its SPY vs SPY- hire your own hackers to make your site safe, and to teach a lesson to those who cause trouble to others.
O'Liar would agree.
And he would smile his smile as he moved his lips.
Rand: "Civilization is the progress toward a society of privacy." Rights have to include privacy.
But see my post above for exceptions.
Note also that if you share information on public sites, you have relinquished your privacy of that info.