Day: April 25, 2013

On Expectation of Privacy

Many governments (including our own, here in the US) would have its citizens believe that privacy is a switch (that is, you either reasonably expect it, or you don’t). This has been demonstrated in many legal tests, and abused in many circumstances ranging from spying on electronic mail, to drones in our airspace monitoring the movements of private citizens. But privacy doesn’t work like a switch – at least it shouldn’t for a country that recognizes that privacy is an inherent right. In fact, privacy, like other components to security, works in layers. While the legal system might have us believe that privacy is switched off the moment we step outside, the intent of our Constitution’s Fourth Amendment (and our basic right, with or without it hard-coded into the Constitution) suggest otherwise; in fact, the Fourth Amendment was designed in part to protect the citizen in public. If our society can be convinced that privacy is a switch, however, then a government can make the case for flipping off that switch in any circumstance they want. Because no-one can ever practice perfect security, it’s easier for a government to simply draw a line at our front door. The right to privacy in public is one that is being very quickly stripped from our society by politicians and lawyers. Our current legal process for dealing with privacy misses one core component which adds dimension to privacy, and that is scope. Scope of privacy is present in many forms of logic that we naturally express as humans. Everything from computer programs to our natural technique for conveying third grade secrets (by cupping our hands over our mouth) demonstrates that we have a natural expectation of scope in privacy.

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