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?

2nd Prize, Middle School
by C.N. from Pacific Grove Middle School

Since the Internet was formed, many issues arise concerning our privacy. Most people believe that allowing the government to gather and use our private information violates the Fourth Amendment of the U.S. Constitution, which states that people's homes cannot be searched without a warrant. This, in my opinion, applies to using computers in a person's own house. However, businesses and government authorities argue that our information is open for everyone to use, so they do not need to obtain a search warrant to collect information Online. Also, the government says they are buying the information that is available for anyone to purchase. When people sign up for a Web site, many believe the government should not be able to collect their information, but they do not realize their personal information might be collected even though the terms posted site that this might happen. If the government is allowed to search our private information without a warrant, this would violate the Fourth Amendment of unlawful search and seizure and should not be allowed. In addition, the First Amendment of our California Constitution would also be violated if these actions made by the government continue. Finally, Internet advertising is a form of violating our privacy rights and should also be prohibited.

Many people who sign up for a Web site do not read the extensive terms at the beginning before they sign up. Furthermore, those who do read the terms argue that they are irrelevant because they cannot sign away their rights protected by the Constitution. Government officials would insist that once the information is posted, it is no longer private. However, since the information is personal, it still belongs to the individual. The California Constitution says that "All people are by nature free and independent and have inalienable rights...to pursuing and obtaining safety, happiness, and privacy."

Allowing the government to search our private information without a warrant violates the Fourth Amendment of the U.S. Constitution, unlawful search and seizure. People do not expect their personal information to be posted for everyone to see or for the government to collect without their permission. Government officials state that they could find out important information about terrorist attacks and other crimes; therefore, they could stop attacks before they occur. Our laws state that we are innocent until proven guilty. Correct legal procedures must be followed to convict criminals and terrorists. Collecting information without a warrant violates the correct procedure for collecting evidence. Fighting terrorism should be handled in a different way than by trying to collect information while invading everyone's privacy.

Collecting a person's personal information does not only violate the Fourth Amendment of unlawful search and seizure, but it is also against the First Amendment of the California Constitution, which states that all people have a right to privacy. Many innocent people are being tracked by the government, advertisers, businesses, and other security organizations in order to obtain personal information. Unfortunately, laws protecting our privacy over the Internet are obsolete. On the other hand, new laws to ensure our privacy over the Internet could be created to stop this problem.

Another form of invading a person's privacy is Internet advertising. According to Eric Sinrod, advertisers look at their customer's personal interests Online and suggest products to them that fit their interests. Eric Sinrod states that this form of advertising is called behavioral or targeted advertising. This is against the rules of the Constitution since the advertisers are following us Online to get information, which can get uncomfortable because people are constantly being watched and followed on the Internet. This violates our inalienable right to privacy because all of our information is being used to persuade people to buy a certain product, when people only want to buy what they like and want.

Allowing the government to use our private information violates our Constitutional rights. Many people feel that their private information should be protected by the government. Also, the terms of service on Internet contracts should clearly state that a person is giving up his or her rights to privacy before they sign up. Additionally, the government must follow its own laws enforcing unlawful search and seizures. The California Constitution is being violated, and I believe that it is time for our privacy right to be respected. Advertisers are invading our privacy through behavioral or targeted marketing because there are no restrictions to stop them. Laws should be made to stop this privacy problem and enforce the rights of the people.