Even If You Have Nothing To Hide...

John Dean at Findlaw:

""I've got nothing to hide, so electronic surveillance doesn't bother me. To the contrary, I'm delighted that the Bush Administration is monitoring calls and electronic traffic on a massive scale, because catching terrorists is far more important that worrying about the government's listening to my phone calls, or reading my emails." So the argument goes. It is a powerful one that has seduced too many people.

Millions of Americans buy this logic, and in accepting it, believe they are doing the right thing for themselves, their family, and their friends, neighbors, community and country. They are sadly wrong. If you accept this argument, you have been badly fooled...

For several years I have been reading the work of George Washington University Law School Professor Daniel J. Solove, who writes extensively about privacy in the context of contemporary digital technology. The current apathy about government surveillance brought to mind his essay "'I've Got Nothing To Hide' And Other Misunderstandings of Privacy."

Professor Solove's deconstruction of the "I've got nothing to hide" position, and related justifications for government surveillance, is the best brief analysis of this issue I have found. These arguments are not easy to zap because, once they are on the table, they can set the terms of the argument. As Solove explains, "the problem with the nothing to hide argument is with its underlying assumption that privacy is about hiding bad things." He warns...

The concept of "privacy" encompasses many ideas relating to the proper and improper use and abuse of information about people within society. Privacy protects information not only because it would cause others to think less of the person at issue, but also simply to give us all breathing room: "Society involves a great deal of friction," Solove writes, "and we are constantly clashing with each other. Part of what makes a society a good place in which to live is the extent to which it allows people freedom from the intrusiveness of others. A society without privacy protection would be suffocation, and it might not be a place in which most would want to live.""