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http://www.aclu.org

By Michael Torrice

The ACLU, as most everyone knows, is an organization focused on protecting the rights of citizens in the U.S.. Their main page has a link to all of their main issues and it is not surprising that the issue of privacy is among them. On their privacy page they have links to current stories involving privacy and legislation regarding privacy. They also link to places where people can work to protect privacy rights be it contacting congress persons or being kept up-to-date on all new situations that arise. Besides these general links, the ACLU has also set up a web-based campaign to insure privacy rights for all citizens. The Defend Your Data site (www.ACLU.org/privacy/) is intended to be a place where people can share their stories regarding privacy and become more aware of the problem. A Data Defense kit is also available for people to report privacy violations and learn how to protect themselves into the future.

Despite all of these resources and suggestions, the ACLU's stance on privacy rights is not entirely justifiable. Many times on the site, the ACLU makes the statement that your personal information is yours and you have the right to control its distribution. How does this apply to real situations? You are driving home after work. You pull into your driveway. The car behind you now knows where you live. Did you give them permission to know that? You are in the junk food aisle of the supermarket. You buy some Twinkies and Ring-Dings. The person across the aisle now knows you like preservative-rich junk foods. Did you say he could learn this information about your consumption habits? These situations are intentionally absurd to make a point. We are constantly gathering information about the people all around us. This process is inherent in the way our minds function and can not be stopped. So privacy is not a question of whether or not people are gathering information about you, it is about in what context are they gathering it.

The main problem with the ACLU's stance on privacy rights is that it does not differentiate between the context of the private sector and that of the government. Consider the situation of a person in your house. A person walking around your house will immediately begin to gather information about you from what he sees. But did you let this person in or did they force themselves into your house? If they are a friend, you let them in willingly. If they are the police with a warrant, they came in whether or not you wanted them to. The difference stems from the nature of government. In any society, the government is the only legitimate source of force. It alone can legally force you to do things. Fortunately, in a free society, the citizens are not subjected to unwarranted force and the government's use of force is therefore kept in check. All of the rights in the Constitution, especially the fourth amendment (no unlawful search and seizure), were made to be a check against the force of the government. So in the case of the government, we have a right to privacy because the government can not initiate force with out a reason.

On the other hand, the private sector constitutes an entirely different context for privacy rights from the government. In the private sector, no one may use force. All interactions must be done voluntarily. That friend in your house is gathering information about you. But you let him into your house voluntarily. If you did not want him to know information about your house, you would choose not to let him inside. The same scenario can be applied to private companies and marketing. If you did not want a company to know what you like to eat, then you would have to choose not to shop there. By the nature of the business transaction the company you do business with will have to know something about you. You must willingly give up that information to them. Now if you do not want them to sell that information to other companies, you have two choices: a) enter into a contract with them forbidding them to sell the information or b) not do business with that company. (A good example of choice (a) is the doctor-patient confidentiality clause.) So, in the case of the private sector, there is no right to privacy because one can willingly avoid exchanging information with certain groups. In effect the right to privacy in the private sector is the right to free association.

For these reasons, it would be suggested that instead of focusing half of its time in the pursuit of regulations against private companies, the ACLU should spend all of its time on regaining our true rights to privacy. The fourth amendment, like most of the Bill of Rights, has been compromised to fit whatever social agenda the government thinks is important at the time (examples include legislation revolving around the war on drugs and an initiative by former President Clinton to begin a federal health database). Also, the judicial system is notorious for making private citizens break their privacy contracts in the name of convicting a felon. All of these situations show a true perversion of the right to privacy and should be stopped.