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. [email protected]

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

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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


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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


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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

Sites



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. [email protected]

University of Science and Technology of ChinaHefei, China14 June 2012

