American Privacy: A History of the Right to Privacy in the United States

American Privacy:A History of the Right to Privacy

in the United States

Frederick S. LaneFSLane3@gmail.com

University of Science and Technology of ChinaHefei, China14 June 2012

www.CybertrapsfortheYoung.com

www.FrederickLane.com

Background• Attorney,

Educational Consultant & Lecturer

• Author of 7 Books• Computer Forensics

Expert• 10 Years --

Burlington (VT) School Board

• Technology & Privacy Specialist

• Student Safety Advocate

Previous Books

Outline• Colonial Privacy Issues• The Bill of Rights• Privacy in the 1890s• Privacy and Computers• The Warren Court• The Future of Privacywww.FrederickLane.c

omwww.CybertrapsfortheYoung.c

America’s First Privacy Advocates

Founders of American Privacy

“So That a Man Can Stand Up”

The 4th Amendment

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. www.FrederickLane.c

Privacy in the Bill of Rights1st Amendment – Freedoms of speech,

religion, association, assembly2nd Amendment – Right to Bear Arms3rd Amendment – No quartering of troops4th Amendment – Freedom from

unreasonable search and seizure5th Amendment – Freedom from self-

incrimination6th Amendment – Right to counsel at trial8th Amendment – Freedom from cruel and

unusual punishment9th Amendment – Unenumerated rights

reservedwww.FrederickLane.c

1890s – Good or Bad for Privacy?

40 Years Later

60 Years Later

A Federal Right to Privacy

• Mapp v. Ohio, 367 U.S. 643 (1961) – exclusionary rule

• Griswold v. Connecticut, 381 U.S. 479 (1965) – establishing a “right to privacy”

• Miranda v. Arizona, 384 U.S. 436 (1966) – right to remain silent

• Katz v. United States, 389 U.S. 347 (1967) – warrantless wiretapping is illegal

The Government and Privacy

Corporations and Privacy

Search EnginesSocial Networking

Changing Concept of Phone Privacy

How Private Is Social Media?

Cultural Differences

Nothing to Hide, Nothing to Fear?

GeoLocation & Granularity

POS GPS RFID Biometrics

Nanobots

New Frontiers of Surveillance

Privacy R.I.P.?

• What Is It We’re Trying to Protect?• No Single Definition of Privacy• Fundamental Concept is Control• Switch to “Opt-In” Model• Federal Privacy Protection Agency?• Education and Self-Control• A Transparent Society?

Uncharted Waters

American Privacy:A History of the Right to Privacy

in the United States

Frederick S. LaneFSLane3@gmail.com

University of Science and Technology of ChinaHefei, China14 June 2012

American Privacy: A History of the Right to Privacy in the United States

Education

The Right to Quantitative Privacy

The right item, right place, right time. Privacy Act 101 Privacy Awareness Training AUDIENCE: DLA Workforce Annually (Civilian employees, Military members,

The Right to Privacy in Lebanon

The Right to Privacy. No where in the Constitution are the words “right to privacy”

A Legal Guide To PRIVACY AND DATA SECURITY 2019 · United States to advocate for a legal right to privacy, this articlehas been the inspirationfor many American jurists considering

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