Prepared for Submission to the 1999 National Debate Topic Selection Committee

The Right to Be Left Alone: An Examination of the Right of Privacy

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Fourth Amendment to the United States Constitution

"The right to be left alone -- the most comprehensive of rights and the right most valued by a free people."

Justice Louis Brandeis, Olmstead v. U.S. (1928)

Although the word "privacy" does not exist in our constitution, the Fourth Amendment serves as the basis for the discussion of a "right to privacy" in our country, a right which has been controversial since its inception. However, there has never been such an assault on privacy as exists now; the in

Privacy, right of - The right to be let alone; the right of a person to be free from unwarranted publicity; and right to live without unwarranted interference by the public in matters with which the public is not necessarily concerned. Term "right of privacy" is generic term encompassing various rights recognized to be inherent in concept of ordered liberty, and such right prevents governmental interference in intimate personal relationships or activities freedoms of individual to make fundamental choices involving himself, his family, and his relationship with others. (Black's Law Dictionary, 1990)

There are other examples of potential consumer exploitation. The Dallas Morning News noted on March 7, 1999 that Microsoft Corp. was having to modify its Windows 98 operating system when it was discovered that the company had quietly been using it to compile a vast database about computer users. An identifying number in the program could even be used to trace documents created by the individual using the computer. In essence, a "digital fingerprint" had been created. Intel was involved in a similar controversy. Both companies took action only after tech-savvy consumers noted the markers. The average computer user would never have known the information was being collected. As Marc Rotenberg, director of the Electronic Privacy Information Center (EPIC) in Washington, noted, "The problem is the absence of legal rules that limit the collection and use of personal information."

Genetic testing is also an area which has law enforcement ramifications. The Dallas Morning News noted in an editorial on March 8, 1999 that some state legislatures want DNA samples taken from every arrested person. The DNA samples would then reside indefinitely in a criminal DNA bank. Both the state and federal government would have access to this information. A chilling thought, the editorial notes, as the key American principles of right to privacy, freedom from unlawful search and seizure, and the presumption of innocence would all be violated. The information gained would undoubtedly provide potential benefits, but at what cost?

The following is a sampling of Supreme Court cases which have dealt with privacy issues in the past 30 years:

Although Etzioni stops with stage three, it's possible that we are now in a fourth stage, as traditional concepts of privacy are challenged by both technological innovations and social concepts of utilitarianism. While Americans have been fighting against governmental incursions on privacy, the private sector has been making steady inroads. Consumers, employees, even patients and children have little protection from marketeers, insurance companies, bankers, and corporate surveillance. Additionally, as the Supreme Court has given greater leniency to law enforcement officials in recent decisions our personal privacy may gradually be coming to an end. A 1996 Harris/Equifax poll found that 80% of Americans were somewhat or very concerned about threats to personal privacy while a 1997 Harris-Westin poll found that 92% of Americans were concerned about threats to their personal privacy. (Etzioni, p. 6 - 10)

Some common words found in the essay are:
Law Dictionary, Supreme Court, Times August, Fourth Amendment, Identity Theft, Assessment OTA, Dictionary Law, Star Tribune, Florida Bostick, Washington Times, medical records, supreme court, federal government, washington times, privacy act, privacy violations, law dictionary, black's law, health care, law enforcement, black's law dictionary, law dictionary 1990, potential privacy violations, public matters public, unwarranted publicity live,
Approximate Word count = 5870
Approximate Pages = 23 (250 words per page double spaced)