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

for Students in Grades 7 through 12

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

THE CONSTITUTIONAL PRINCIPLES:

1. Right to Privacy: The Right to Privacy has been implied, but not stated, in the United States Constitution. The California Constitution, Article 1, Section 1, states: "All people are by nature free and independent and have inalienable rights. Among those are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and to pursuing and obtaining safety, happiness, and privacy."
    
2. Freedom of Speech: The First Amendment to the United States Constitution says, "... Congress shall make no law ... abridging the freedom of speech ... or the right of the people peaceably to assemble."
    
3. Unlawful Search and Seizure: The Fourth Amendment to the United States Constitution and the California Constitution, Article 1, Section 13, state: "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures may not be violated ... "

THE QUESTION

Should Internet providers collect, store, share, and sell private information about us to other users, to companies who advertise, and/or to the government?

BACKGROUND

We all learn, share, shop, and connect with each other online. But every time we do a search, buy a product, post pictures online, communicate with friends on Facebook, or go to a website, we leave important personal data behind. Once our personal information is collected, it is often stored and used in a number of ways that we do not control. For example, when you sign up for a channel on You-Tube the site automatically adds your name to a public list of subscribers. When you take a quiz on Facebook the default privacy settings allow other applications to peer into your profile even if your "friend," not you, took the quiz. A telephone company allows customers with family plans to track the location of other phones on the same plan, but requires the customer to agree that they have no expectation of privacy. Some software programs may retrieve your location information even without your knowledge or consent. Banks and medical providers share information online. Many of the companies that collect this private information make money by selling it to online advertisers or other companies. They also sell or give to the government private information gained from Internet users or telephone callers. Some cities are creating wireless systems (WiFi) capable of tracking users' identities and saving private information about websites, searches, and information accessed.

Lawsuits have been filed to protect certain privacy rights, but most Internet and telephone users are not aware that information is being collected, used and sold, sometimes even to foreign governments and to the U.S. Government. Most of the laws and court cases establishing our privacy rights were decided long before the Internet and phone systems as we know them even existed.

Can the government purchase or require companies to produce private information about people or does this violate our constitutional right to privacy?   When the government buys or gets confidential information without a warrant is this an unconstitutional search and seizure in violation of the Fourth Amendment?   Should the government regulate companies who collect and use private information or would these laws violate the First Amendment right to freedom speech of individuals and companies?   Your essay should discuss these questions and how the Constitution applies to them.

For more information, see the following ACLU websites:

• www.aclu.org
• www.aclunc.org
• www.dotrights.org
• dotRights flyer
• www.acluMontereyCounty.org

For cases and statutes see:

• www.findlaw.com
• www.supremecourtus.gov/opinions/opinions.html