The French government is considering a law that would require web browsers – like Mozilla’s Firefox – to block websites chosen by the government.
The French government is considering a law that would require web browsers – like Mozilla’s Firefox – to block websites chosen by the government.
Privacy is a right in some meanings of the word, such as the fourth amendment that protects against unreasonable searches and seizures. For example, the police cannot enter your house without a warrant except for a few very specific circumstances, such as:
And this isn’t just real property, but anything that could be considered private property. They cannot search your phone without a warrant or permission, they cannot search your person without at least detaining you (which requires reasonable suspicion, and I think they can only look for weapons unless they arrest you), etc.
So there absolutely is a right to privacy in the US.
That said, there are circumstances where you have no expectation of privacy, such as:
The Internet is essentially treated as a public place (as it should), so the way to maintain privacy is to encrypt your traffic end to end. However, the other end of that traffic can always choose to disclose the data they have to authorities, so someone like Meta or Microsoft could decide to hand over access to data to law enforcement willingly. If the company doesn’t offer it willingly, law enforcement needs to get a warrant, just like any other search of private property, and until then, they can only sniff packets that they have access to (i.e. transfers to another service that has granted access).
When people talk about privacy in the US, they’re not talking about restrictions on government, because those laws are already in place and well established with legal precedent. What they’re talking about is an obligation for certain types of online services to not disclose personal information and to dispose of it at the client’s request. This goes under the assumption that you still own content you have submitted, which gets into IP law and, at the current time, terms of use at each entity.
In summary, the US recognizes a negative right to privacy, but it does not recognize or enforce a positive right to privacy. So we have two solutions to solve the problem of privacy, both of which have downsides that I’m not going to get into here:
Perhaps we need a bit of both, but to say the US has no right to privacy completely misrepresents the situation.
The patriot act fixed that
Here’s an article about it from the ACLU:
From reading the text of the law myself
It’s absolutely problematic, and I disagreed with it from the day I heard it introduced, but it doesn’t constutute elimination of the right to privacy that exists with the first amendment. It also only applies to federal authorities, so your local and state authorities (i.e. the ones average citizens are more likely to interact with) are still bound.
I absolutely hate the Patriot Act and everything related to it (esp. all the NSA nonsense) and think we should repeal anything related to the law and instead pass more strict limitations on governments.
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“We think this random citizen is a spy or a terrorist”. Justified. Authorities now how to abuse their powers and they do it