“Alexa, are you connected to the CIA?” is a question buzzing around the internet. You can view some of those asking that question to their Alexa HERE
In the United States, an article in the December 15, 1890 issue of the Harvard Law Review, written by attorney Samuel D. Warren and future U.S. Supreme Court Justice Louis Brandeis, entitled “The Right to Privacy”, is often cited as the first implicit declaration of a U.S. right to privacy. Warren and Brandeis wrote that privacy is the “right to be let alone”, and focused on protecting individuals. This approach was a response to recent technological developments of the time, such as photography, and sensationalist journalism, also known as “yellow journalism”.
A right to privacy is explicitly stated under Article 12 of the Universal Declaration of Human Rights:
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Although the Constitution does not explicitly include the right to privacy, the Supreme Court has found that the Constitution implicitly grants a right to privacy against governmental intrusion from the First Amendment, Third Amendment, Fourth Amendment, and the Fifth Amendment. This right to privacy has been the justification for decisions involving a wide range of civil liberties cases, including Pierce v. Society of Sisters, which invalidated a successful 1922 Oregon initiative requiring compulsory public education, Griswold v. Connecticut, where a right to privacy was first established explicitly, Roe v. Wade, which struck down a Texas abortion law and thus restricted state powers to enforce laws against abortion, and Lawrence v. Texas, which struck down a Texas sodomy law and thus eliminated state powers to enforce laws against sodomy.
The 1890 Warren and Brandeis article “The Right To Privacy”, is often cited as the first implicit declaration of a U.S. right to privacy. This right is frequently debated. Strict constructionists argue that no such right exists (or at least that the Supreme Court has no jurisdiction to protect such a right), while some civil libertarians argue that the right invalidates many types of currently allowed civil surveillance (wiretaps, public cameras, etc.).
Most states of the United States also grant a right to privacy and recognize four torts based on that right:
Intrusion upon seclusion or solitude, or into private affairs; Public disclosure of embarrassing private facts; Publicity which places a person in a false light in the public eye; and Appropriation of name or likeness. Also, in some American jurisdictions the use of a person’s name as a keyword under Google’s AdWords for advertising or trade purposes without the person’s consent has raised certain personal privacy concerns.
On March 11, 2015, Intelligence Squared US, an organization that stages Oxford-style debates, held an event centered on the question, “Should the U.S. adopt the ‘Right to be Forgotten’ online?” The side against the motion won with a 56% majority of the voting audience.
Welcome to the new world order. smart phones, smart tvs, etc.
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