Cain Manor

Your Guide To All Things Cain™

The Eternal Value of Privacy

This arti­cle, writ­ten by Bruce Schneier, was in Wired Mag­a­zine in 2006. Even though time has passed, this is the best expla­na­tion as to why pri­vacy — my pri­vacy and your pri­vacy — is so very impor­tant. I’ve always had a hard time explain­ing it, and when I ref­er­ence this arti­cle, I always have a hard time find­ing it again.

The most com­mon retort against pri­vacy advo­cates — by those in favor of ID checks, cam­eras, data­bases, data min­ing and other whole­sale sur­veil­lance mea­sures — is this line: “If you aren’t doing any­thing wrong, what do you have to hide?”

Some clever answers: “If I’m not doing any­thing wrong, then you have no cause to watch me.” “Because the gov­ern­ment gets to define what’s wrong, and they keep chang­ing the def­i­n­i­tion.” “Because you might do some­thing wrong with my infor­ma­tion.” My prob­lem with quips like these — as right as they are — is that they accept the premise that pri­vacy is about hid­ing a wrong. It’s not. Pri­vacy is an inher­ent human right, and a require­ment for main­tain­ing the human con­di­tion with dig­nity and respect.

Two proverbs say it best:Quis cus­todiet cus­todes ipsos? (“Who watches the watch­ers?”) and “Absolute power cor­rupts absolutely.”

Car­di­nal Riche­lieu under­stood the value of sur­veil­lance when he famously said, “If one would give me six lines writ­ten by the hand of the most hon­est man, I would find some­thing in them to have him hanged.” Watch some­one long enough, and you’ll find some­thing to arrest — or just black­mail — with. Pri­vacy is impor­tant because with­out it, sur­veil­lance infor­ma­tion will be abused: to peep, to sell to mar­keters and to spy on polit­i­cal ene­mies — who­ever they hap­pen to be at the time.

Pri­vacy pro­tects us from abuses by those in power, even if we’re doing noth­ing wrong at the time of surveillance.

We do noth­ing wrong when we make love or go to the bath­room. We are not delib­er­ately hid­ing any­thing when we seek out pri­vate places for reflec­tion or con­ver­sa­tion. We keep pri­vate jour­nals, sing in the pri­vacy of the shower, and write let­ters to secret lovers and then burn them. Pri­vacy is a basic human need.

A future in which pri­vacy would face con­stant assault was so alien to the framers of the Con­sti­tu­tion that it never occurred to them to call out pri­vacy as an explicit right. Pri­vacy was inher­ent to the nobil­ity of their being and their cause. Of course being watched in your own home was unrea­son­able. Watch­ing at all was an act so unseemly as to be incon­ceiv­able among gen­tle­men in their day. You watched con­victed crim­i­nals, not free cit­i­zens. You ruled your own home. It’s intrin­sic to the con­cept of liberty.

For if we are observed in all mat­ters, we are con­stantly under threat of cor­rec­tion, judg­ment, crit­i­cism, even pla­gia­rism of our own unique­ness. We become chil­dren, fet­tered under watch­ful eyes, con­stantly fear­ful that — either now or in the uncer­tain future — pat­terns we leave behind will be brought back to impli­cate us, by what­ever author­ity has now become focused upon our once-private and inno­cent acts. We lose our indi­vid­u­al­ity, because every­thing we do is observ­able and recordable.

How many of us have paused dur­ing con­ver­sa­tion in the past four-and-a-half years, sud­denly aware that we might be eaves­dropped on? Prob­a­bly it was a phone con­ver­sa­tion, although maybe it was an e-mail or instant-message exchange or a con­ver­sa­tion in a pub­lic place. Maybe the topic was ter­ror­ism, or pol­i­tics, or Islam. We stop sud­denly, momen­tar­ily afraid that our words might be taken out of con­text, then we laugh at our para­noia and go on. But our demeanor has changed, and our words are sub­tly altered.

This is the loss of free­dom we face when our pri­vacy is taken from us. This is life in for­mer East Ger­many, or life in Sad­dam Hussein’s Iraq. And it’s our future as we allow an ever-intrusive eye into our per­sonal, pri­vate lives.

Too many wrongly char­ac­ter­ize the debate as “secu­rity ver­sus pri­vacy.” The real choice is lib­erty ver­sus con­trol. Tyranny, whether it arises under threat of for­eign phys­i­cal attack or under con­stant domes­tic author­i­ta­tive scrutiny, is still tyranny. Lib­erty requires secu­rity with­out intru­sion, secu­rity plus pri­vacy. Wide­spread police sur­veil­lance is the very def­i­n­i­tion of a police state. And that’s why we should cham­pion pri­vacy even when we have noth­ing to hide.

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