26th Annual Bill of Rights
Art and Essay Contest, 2009-2010

TOPIC:  Privacy and free speech on the Internet:
              Should our private information be gathered, used, or sold to the Government?

3rd Prize, High School
by L.B. from Pacific Grove High School

The issue of Internet Privacy is a controversial and highly debated subject in modern American society. One of the reasons there is so much debate is the complexity of the subject. Deciding on what actions are constitutionally appropriate concerning the internet often leads to more questions. TO find out if citizen's privacy is being invaded over the internet we must look at who is receiving the information, what it is being used for, and if their actions are in violation of the Constitution or current laws. Following these criteria one can see that much of the collection of information over the internet is actually not an invasion of privacy or a violation of individual rights. By looking at the voluntary nature of the internet, the variety of factors protecting privacy, and the government necessity of collecting information it is apparent that gathering, using, and selling private information to the government is constitutionally allowed.

The Constitution does not specifically mention privacy. It does not even contain the word privacy. The Bill of Rights and California's Constitution address the issue though, and many maintain that individuals have an implied right to privacy. While "privacy" is vague and ambiguous, for the most part people take it to mean that they have the right to keep personal information from the public eye. However, by putting private information online, one is already in a sense putting that information in public, because the internet is a public network linking computer systems all over the world. While stealing someone's information would be an invasion of privacy, using information that someone willingly gave up should not be considered a violation of that person's rights. Many websites even have a privacy policy, guaranteeing that private information will be protected. It is up to the individual to determine how safe it is to put information on a website that does not have a policy. Many ascertain that although there are privacy laws, internet providers get away with a lot more because the internet is not held to the same standard as other aspects of privacy. Some believe that law is not current enough to protect against invasions of privacy on the internet. However there are many Supreme Court cases which prove contrary. For example, in U.S. vs. Thomas the court convicted Thomas for selling pornographic material. Thomas argued that he should not be measured by his physical community's standards but by the standards of the cyberspace community. However the court rejected this claim and convicted Thomas. In Bernstein vs. U.S. Department of State the court ruled that source code language is protected by the first amendment. In both cases the court proved that matters concerning the internet would be treated the same as other privacy infringements.

Knowing that internet based actions will be held to the same standards as real life actions should alleviate concerns over invasions of privacy over the internet. There are many factors protecting individual's privacy including a variety of court cases and legislation. In Griswold vs. Connecticut the court ruled that Connecticut could not have a law banning contraceptives because it went against the Due Process Clause of the 14th amendment. The ruling stated that the Due Process Clause implied that the Constitution guaranteed a "right to privacy". Since that case, the Due Process Clause has been used to protect privacy in a variety of areas, such as the ruling in Roe vs. Wade. Other legislation protects privacy as well. One of the main concerns have is defamation. Some worry that their personal information on the internet will be used against them to portray them negatively or hurt them in some other form. While law varies state to state, most often laws are present which prohibit defamation, libel, or slander. Besides legislation, there are other means to protect privacy. There are internet services which protect against invasions of privacy, computer security systems, and software that automatically destroys tracking cookies. The many laws and standards protecting privacy should put to rest most debate over intrusion of privacy. Beyond that, technological safeguards guarantee even the most paranoid computer user can keep their secrets safe. Any information gathering that gets through U.S. law and technological security should logically not be cause for apprehension.

One of the most important discussions concerning privacy is the government. Our government is often accused of spying on the American public and gathering private information. To answer whether our government should be allowed to gather private information or purchase private information, we must look at the parameters the government sets for itself and how they use the information. There are certain rules the government must follow when gathering information. The fourth amendment guarantees the freedom of search and seizure without a warrant, when there is an expectation of privacy. Also, Title III Wiretap Act states that the government must receive a court order before wiretapping. Current law is beginning to include data communications as well in this law. Next we must look at the reasons for collecting information. The government does not collect private information to defame someone or steal their identity but rather to enforce the law. While some look at anonymity as part of their right to privacy, they must realize that anonymity is also used for criminal acts such a harassment, fraud, or scams. It is the government's job to punish those who abuse internet anonymity. Also, gathering information can be vital to national security. Even the smallest bit of information could prevent a hijacked plane or terrorist bomb. Because the government uses collected information for worthy objectives, people should not object to information being sold to the government as long as it is within the boundaries of privacy law.

There are those who insist that with the advent of new technology we are in danger of invasions of privacy. However, by looking at the voluntary nature of the internet, the factors protecting privacy, and the government necessity we can see that information on the internet that is gathered, used, or sold to the government is not a violation of our personal rights. Most often the "private information" being gathered is a name or e-mail address which is then used for advertising purposes. It must be noted that this "private information" was information that was voluntarily given. However, claims tend to be over exaggerated causing people to fear that matters of true privacy such as their medical records will be given to the public. Internet users need to realize that there are laws protecting against defamation and using private information to shed negative light on someone. Also, the idea of our government purchasing or gathering our private information tends to strike fear in most people. However, when looking at the government's purposes and the parameters they must follow, one can be assured that their private information will not be abused by the government. While the idea of our personal information being distributed across the internet is a frightening image, we can look at the facts and see the truth behind internet privacy.