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Cash Value 1/10 of a Cent

goombah99 writes "It happens all-too-often that the govenment and companies negligently reveal citizen's private information on their websites. When collection of this information is something required by law there is an obligation to protect it. But is privacy a 'property' and does its loss require compensation? Wired news reports 'The Supreme Court will hear oral arguments Wednesday over whether the federal government should reimburse individuals whose sensitive data was disclosed illegally, even if no harm can be proven. At issue before the court, according to privacy advocates, is how valuable privacy really is.'"

183 comments

  1. The Issue by Oculus+Habent · · Score: 5, Insightful

    Privacy isn't a property - it is a privilege. This is evidenced by taking away certain levels of privacy from criminals... You can find out information about the location of a federal prisoner through the Freedom of Information Act; neighbors must be notified when some sex offenders move into an area - thus limiting their privacy...

    I think the wording is odd in that statement. It isn't privacy that is a property, it's the information that is a property. Privacy is a means to protect that information, and failing to protect personal "property" that someone is required to provide is my issue here. Just as if the government required a key to your house and then made then available for duplication.

    --
    That what was all this school was for... to teach us how to solve our own problems. -- janeowit
    1. Re:The Issue by Planesdragon · · Score: 5, Interesting

      Privacy isn't a property - it is a privilege. This is evidenced by taking away certain levels of privacy from criminals...

      You're so right, and then so wrong.

      Privacy isn't a right per-se, but it certainly is more than a mere priviledge. Privacy is a presumption that is often necessary for a citizen to enjoy their most important right--that of quiet and safe enjoyment of their own life.

      And criminals are a horrible example of "it's not like property." We violate oodes of a prisoner's rights--that's how we penalize folk who break the law.

      It isn't privacy that is a property, it's the information that is a property.

      False, I believe. Mere information should be public domain--if I want to find out, oh, what your telephone number is, there shouldn't be any penalty whatsoever if someone tells it to me.

    2. Re:The Issue by larry+bagina · · Score: 5, Insightful
      Privacy isn't a property - it is a privilege.

      It's not a privilege, it's an inalienable right. It's granted to you by your existance. It can only be taken away by due process or your own abdication of it.

      Privilege implies you have to be a good little boy before it applies to you, and that it can be taken away at any time for any reason.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    3. Re:The Issue by SeXy_Red · · Score: 5, Interesting

      I believe that privacy is neither property or a privilege, but a right. Like many rights, it does have its limits. In the US, you have the right to free speech, but, if your free speech infringes on someone elses same right, then your right is then taken away.

      And criminals are a horrible example of "it's not like property." We violate oodes of a prisoner's rights--that's how we penalize folk who break the law.

      So true, the criminals gave up there privacy rights when they commited a crime. A sexual malester lost his rights the minute he commited a perverted act, because his right to privacy would infringe on others rights to safety.

      --

      This sig was generated by a barrel of trained kittens for SeXy_Red (550409).

    4. Re:The Issue by Oculus+Habent · · Score: 4, Interesting

      Hrm...

      I see your point, but I want to add some additional definition to muddy the waters...

      Privacy isn't a natural right. I do consider it stronger than a generic privilege, so I would like to call it a governed right. That is, privacy may not be inherent to existence, but it should be to our government. Privacy is something I would rather not lose.

      I concede on the criminals point. We do take away rights - governed or natural.

      I still think that privacy is a method rather than an object. Some information should be free - indeed I can go to SuperPages and look up a phone number or a name from a number. I can go to Google, type in a phone number, and bring up a name and driving directions.

      With the phone number as an example, I have the option to request a level of privacy - an unlisted number. Privacy becomes the mechanism by which you cannot find my phone number without having been granted certain privilege. The privilege to find an unlisted number comes with additional responsibility and, most importantly, accountability. This is where the government comes in.

      The government knows your phone number. They know your social security number (hopefully), bank account numbers, your credit card numbers - all the pieces of information that you may wish to be private. If, then, we assume that privacy is a right - govered or natural - then the government must take steps to secure our information if we wish it so, and if privacy is a right, the presumption must be that we do wish it.

      --
      That what was all this school was for... to teach us how to solve our own problems. -- janeowit
    5. Re:The Issue by Master+Bait · · Score: 1
      Copyright your personal information.

      --
      "Only in their dreams can men truly be free 'twas always thus, and always thus will be."
      --Tom Schulman
    6. Re:The Issue by Lifewish · · Score: 3, Insightful

      And yet different ownership of critical information is, to use a very cliched example, what makes systems like RSA work. You don't want the world and his wife able to get at your bank account. Only in a perfect communist state could information be free - and then only because it's valueless. There would be nothing to protect.

      I like the point on rights as priveleges by the way. Only addition I'd like to make is that this only works because power is outsourced to the government. Personally, I find the most appropriate model for this sort of issue is to consider the government as a very large company. Then we can see that "rights" just represent power that hasn't left the hands of the individual yet.

      Now there's a depresing thought...

      --
      For the love of God, please learn to spell "ridiculous"!!!
    7. Re:The Issue by sfjoe · · Score: 4, Insightful



      Privacy isn't a right per-se...

      It most certainly IS a right. It is not specifically enumerated in the Bill of Rights but it is one of the most primary of the unenumerated rights as specified in the 9th Amendment.

      "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

      --
      It's simple: I demand prosecution for torture.
    8. Re:The Issue by blibbleblobble · · Score: 1, Funny

      "neighbors must be notified when some sex offenders move into an area"

      Weird... politicians always seem to notify their neighbours when they move into an area too...

    9. Re:The Issue by cypherwise · · Score: 1

      Privacy isn't a property - it is a privilege.
      Maybe not so much of a privilege, but a right. If an organization (especially a gov't org) has information about you that could be harmful towards you if it fell into the wrong hands then it is that organization's duty to protect that information.

      I think the wording is odd in that statement. It isn't privacy that is a property, it's the information that is a property. Privacy is a means to protect that information, and failing to protect personal "property" that someone is required to provide is my issue here.
      Absolutely.

    10. Re:The Issue by Planesdragon · · Score: 2, Interesting

      . You don't want the world and his wife able to get at your bank account.

      I don't want, and I shold be able to prevent, anyone from _effecting_ my bank account.

      If everyone and their brother knows exactly how much is in my bank account, but cannot do anything more then send me an offer for a short-term loan or a "special cash rate" for a purchase, then all of my rights remain intact.

    11. Re:The Issue by Oculus+Habent · · Score: 1

      Copyright doesn't guarantee you privacy, just another avenue of recourse should your information be taken.

      --
      That what was all this school was for... to teach us how to solve our own problems. -- janeowit
    12. Re:The Issue by Lifewish · · Score: 1

      I was thinking more of things like account passwords. It's an extreme example, but I don't know of anyone who advocates making these public domain.

      --
      For the love of God, please learn to spell "ridiculous"!!!
    13. Re:The Issue by BlowChunx · · Score: 2, Interesting

      "Mere information should be public domain--if I want to find out, oh, what your telephone number is, there shouldn't be any penalty whatsoever if someone tells it to me."

      My phone number is just information, but calling me every 10 minutes would be an invasion of my privacy. My home address and work address are just information, but stalking me (because you know how to find me...) is and invasion of my privacy.

      We all have personal information, but it's the abuse of that information that is the issue here. And if the government makes it easier to collect that information, and it leads to abuse of that information, then the government is liable.

    14. Re:The Issue by Myopic · · Score: 2, Informative

      The Supreme Court has consistently held that privacy is a right of Americans, guaranteed implicitly by the Constitution.

      I agree with the Supreme Court.

    15. Re:The Issue by Facekhan · · Score: 1

      Privacy is a right. The fourth ammendment is often interpreted as including the right to privacy in regards to government intrusion. In addition you have a common law right to privacy, thats why you can sue for invasion of privacy. Although that is generally limited to photographing and recording your image or voice for commercial use without permission. Still federal law requires the government to not disclose certain information it collects about you and when the government violates its own laws you should be able to recover damages and be compensated otherwise the government will continue to make sweetheart deals with marketers who want to buy your information from government databases.

    16. Re:The Issue by Sarojin · · Score: 0

      Why do you need privacy? Do you have something to hide? You're probably a GPL user and criminal.

      --
      HOW'S MY POSTING? CALL 1-800-POSTING
    17. Re:The Issue by Myopic · · Score: 2, Insightful

      Point of order: a sexual molester (you misspelled that word) loses his rights when he is *convicted* of committing a perverted act.

    18. Re:The Issue by RealProgrammer · · Score: 4, Informative
      Privacy isn't a property - it is a privilege.

      The Fourth Amendment would tend to disagree:

      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.

      Privacy is a Right, like the Rights to Believe, to Communicate, to Move, to stay and Fight, and to Own Property. These are enumerated specifically, and it was the belief of the Framers that they are inherent in being a human. They set forth cases in which those rights could be limited, such as for convicts, slaves, and in time of war.

      The issue is not whether you have a right to privacy. The issue is whether the government, having already collected the otherwise private information, is free to pass that information on to others.

      --
      sigs, as if you care.
    19. Re:The Issue by davidstrauss · · Score: 3, Insightful
      A sexual malester lost his rights the minute he commited a perverted act, because his right to privacy would infringe on others rights to safety.

      First, like another reply, the guarantee of rights is lost on conviction, not commission. That standard allows us to prevent convictions of murders in self-defense and other murky offenses. Second, the nature of something being a "perverted act" (by anyone's definition) is not a constitutionally-sound basis for a law (see Lawrence v. Texas). The basis for molestation laws is the harm to the molested person, not the act of molestation itself. Thus, what would otherwise be molestation in a consentual situation where both people are after the age of consent is just normal sexual contact. (Disclaimer: IANAL.)

    20. Re:The Issue by Gramie2 · · Score: 2, Interesting

      It's not a privilege, it's an inalienable right. It's granted to you by your existance. It can only be taken away by due process or your own abdication of it.

      Makes it a rather alienable right, rather than an unalienable one. An inalienable right is one that cannot be taken away.

    21. Re:The Issue by Tokerat · · Score: 1

      If everyone and their brother knows exactly how much is in my bank account, but cannot do anything more then send me an offer for a short-term loan or a "special cash rate" for a purchase, then all of my rights remain intact.
      I dunno if I'm being funny or serious, but I'd rather keep my information private and make life harder for spammers. Yea, that sounds much better than everyone knowing my business and being flooded with junk mail...
      --
      CAn'T CompreHend SARcaSm?
    22. Re:The Issue by Planesdragon · · Score: 2, Insightful

      It's not a privilege, it's an inalienable right.

      Bullocks.

      If you tell me your phone number, and I tell someone else, I have invaded your privacy, but I certainly haven't infringed upon your rights--and there should be no consequnece to me.

      The government, of course, is a special case--but so are spouses, doctors, lawyers, and priests--who DO have legal authority to mainatin your privacy.

    23. Re:The Issue by MoneyT · · Score: 1

      Note the wording of the amendment however, secure in their persons (you're body), houses (your home), papers (your files), and effects (your property like a car)

      It says nothing about information about you which other people posess and how that may be used

      --
      T Money
      World Domination with a plastic spoon since 1984
    24. Re:The Issue by Anonymous Coward · · Score: 1, Insightful

      Privacy isn't a natural right.

      Come to that there are no rights inherent to existence... or inveresly all rights are inherent to existence. It ultimately depends on what you mean by existance.. wheter existence itself predicates the necestity of "a way things should be" rather than "the way things are." The latter we can genreal reach via the short cut of emperism, the former requires an alternate method.. and I doubt we'll even come close to a subtial answer through discourse in a dialouge set aside for that purpose alone, much less a tangent thread on slashdot (my thread, not yours).

      Regardles as to what levels of privacy we can "rightously" say we are entitled to under natural law we can still say privacy is a right due to people under a goverment.
      The goverment has never, and never will, be able to decide on what are natural rights. They can only balence the will of the people, the stablity of the goverment, and the stablity of the society. But within these constraints the goverment is able to allow for the creation of thin natural rights (that is to say they are thin because they are dependant upon the goverment's interprertation). These thin rights can be, and are, superceeded when they could potentaily cause too much distruption to the will of the people, the stablity of the goverment or the stablity of the society.
      For example, under our law, we belive in the right to life. That is to say a human's life is considered important and one should not be able to take that away from them. HOwever this law is superceded in cases of self defense, war, or captial punishment. Like wise we have the "thin right" of freedom of speech, but this again is curtialed when we might speak out in hate, or try to give out business secerts that we learned improperly.
      These thin rights come from the will of the people. And I would say it is defintily the will of the people to have a level of privacy (a resonable expectation that one's life is free from observation). But this thin right is balanced by the people's will (how much the general population thinks that an indivdual should expect to have privacy) the stablity of goverment (how effective will the goverment be if it can't observe a person's life to a degree), etc.

      I'm really just using these as an excercise to try and get some thoughts out. I'm not nesecarly saying I think all this is right or true... esp. the idea that natrual rights don't exist. I believe they do... I just don't believe what the goverment might claim as natural rights, are...allthough I think they might start out that way within the will of the people. I'm also considering govemrent itself as an entity rather than the people therein.. that is to say no one person or group of persons is the goverment.. rather it is the laws, traditions, power, etc that defines it.

      Blah, I'm too far off tanget.

      later

    25. Re:The Issue by jnana · · Score: 2, Insightful

      so what you're saying is that there is no such thing as an inalienable right, since there clearly is no 'right' that has has never been nor could be taken away.

    26. Re:The Issue by jnana · · Score: 1

      'Papers' sure sounds like information to me.

    27. Re:The Issue by RealProgrammer · · Score: 1

      That list is clearly meant to shine a light with a broad spectrum on privacy. Government is not supposed to be in our private lives.

      But certainly, if the government is not supposed to compel us to divulge information to them, it shouldn't spread that information to others simply because it already has it. The damage isn't over when just one person learns the secret, but worsens as the information spreads.

      --
      sigs, as if you care.
    28. Re:The Issue by Bugmaster · · Score: 1

      I don't really understand the concept of "natural right". The only truly natural things are the things you can measure -- weight, length, static charge, etc. Rights are just conventions of behavior that we choose to enforce in our society. Fortunately, our society has more rights than some others -- however, that doesn't make it somehow more "natural". For example, an extremist Islamic society, such as Iran, would consider it perfectly natural that women should always be covered in cloth from head to toe; they see our Western dress codes as highly unnatural. You can find similar examples for pretty much any other right, such as free speech (USSR), right to bear arms (lots of countries), property (USSR again), and even right to life (primitive societies for sure, USA depending on whom you ask). The bottom line is, I just don't see anything inherently natural -- i.e., mandated by the laws of nature -- about our rights.

      --
      >|<*:=
    29. Re:The Issue by shaitand · · Score: 1

      "where both people are after the age of consent"

      This is something desperately needs fixed. What if both people are BEFORE the age of consent? I'm not even sure if that's technically illegal or not. In many states the age of consent was lowered for one gender by a year, making it illegal for someone who is the same age to have sex with another of that age. I generally think there should be something to the tune of a 5yr grace period. If two consenting partners are within 5yrs of eachother's age it should be legal, regardless of what those ages are.

    30. Re:The Issue by ender's_shadow · · Score: 1

      Information is not property (see the idea/expression distinction in IP law). Misappropriation doctrine comes closest to viewing info as property, but that doctrine is circumscribed by strong limits that intend to focus the doctrine on incentives to gather information. The "right to exclude" disappears as soon as the article isn't "hot news," meaning it's probably not really a right to exclude.

    31. Re:The Issue by ender's_shadow · · Score: 1

      just because a right is violated does not mean it has been alienated. come on - that's so simple!

    32. Re:The Issue by Richard_at_work · · Score: 1

      Leave the government and artificial laws out for a second, and tell me this:

      If it were just you and me in a room, what rights do you have that I cannot take away from you there and then?

    33. Re:The Issue by Oculus+Habent · · Score: 2, Insightful

      The issue there is when does the availability of that information start interfering with your life?

      If everyone has access to your medical records, even if they can't change them, we could start getting to a Gattaca style world; where people are discriminated against based upon their genetic profile.

      We could make laws that say having access to certain information can't affect your decisions, but that is easily circumvented by finding or creating other "reasons" to select a differen, "better" individual.

      Total access to purchasing history could make companies vulnerable to attack. If someone knows you recently purchased a certain router or operating system, they could use known exploits against you immediately. They still can now, but the limitation of that information makes that action more difficult.

      Privacy secures certain other freedoms. A total lack of privacy could cause substantial issues.

      --
      That what was all this school was for... to teach us how to solve our own problems. -- janeowit
    34. Re:The Issue by kramer · · Score: 2, Insightful

      Privacy isn't a property - it is a privilege. This is evidenced by taking away certain levels of privacy from criminals...

      By that logic --

      Freedom is a privledge. This is evidenced by taking away freedom from convicted criminals.

      Voting is a privledge. This is evidenced by taking away voting rights from convicted criminals.

      Living is a privledge. This is evidenced by taking away life from convicted murderers.

      Just because it can be taken away doesn't mean it's a privledge. The constitution guarantees not to take life, liberty, or property without due process of law. The argument here is that privacy is property, and illegally releasing it amounts to a taking of said property.

    35. Re:The Issue by t0ny · · Score: 1

      Hmm, this is a weird case. In a way, they are trying to mandate the extent of what should be punitive damages (a penalty above and beyond what the 'actual' damamges were).

      --

      Manipulate the moderator system! Mod someone as "overrated" today.

    36. Re:The Issue by Radical+Rad · · Score: 1

      You are right that privacy is a right but why do you say it is not enumerated in the Bill of Rights? The fourth amendment specifically states that your right to keep your self, house, papers (18th century equivalent of data), and effects secure shall not be violated. How could the Right of Privacy have been defined any clearer?

      Unfortunately only the government itself and those acting "under color of law" are restrained by the amendment, unless a law is in effect in your jurisdiction providing relief from violations of your privacy by other individuals. However the Privacy Act was supposed to provide something like that. By releasing private information such as the coal miners' social security numbers, the government becomes an "enabler" of 4th amendment right violations by others which it is precluded from doing.

      When the Supreme Court failed to uphold the spirit of the 14th amendment in Plessey-Ferguson 1896 the consequences were unforeseen and far reaching. That case was given little attention at the time but was used for the next 60 years to bless segregation and Jim Crow and was only overturned through a dubious reinterpretation of the Interstate Commerce clause. If the Supreme Court fails to uphold the spirit of the 4th amendment now then the consequences will likely be just as dire.

    37. Re:The Issue by Anonymous Coward · · Score: 0

      " The only truly natural things are the things you can measure -- weight, length, static charge, etc."

      Wrong.
      Wrong. Wrong. Wrong. Wrong.

      This is the common trap of assuming that everything that is natural in the universe is observable under the emperical method, that is to say "things one can measure."
      This is infact, one of the most unscientific things a person can do. Science makes no claims to the valdity of claims of spirtuality, beauty, or morality.
      Further science makes no claims as to the valdity of any other methods of ascertianing the universe .

      This aside the concept of "natural rights" was never intended to be subject to the scientific method. It is a question of "oughts", rather than "ares".

      Now I surely will agree that it is far more difficult to deal with somthing that isn't grounded in the measurable... but differt people having differnt views as to what is a "natural right" isn't evidence that are no natural rights. In fact it's no differnt that a creationist claiming that there is no evidence for the earth being more than 5000 years old versus a geologist claiming that there is.

      Ultimatly it is up to the indivdual to *subjectely* select a methodology.
      Even science itself is subjectively chossen as a method.. I believe in it's validty because of it's high % of justification.. but it's only me feeling that a high % of justification is somthing that leads to truth that lets me belive in science. LIkewise I believe in other things validities for various other inate reasons.. one of those is inate human rights. Sometimes my methods conflict.. *shrug* ultimately though, I doubt anyone out there really utilaizes a single method for understanding.. or at least progressing throguh the universe.

      (Keep in mind I'm not trying to argue for any particular view point here. I am in no way a realitivist, and I think there are some ways to qualify methods.. but that would be a much lenghtier post and I'm not very articulate of late...sorry for the multiple "Wrongs" too.. I was just trying to sound big in the begining.)

    38. Re:The Issue by u-235-sentinel · · Score: 1

      Start passing out private information and quickly learn just how valuable privacy really is.

      It's not a privilege it's a right. Otherwise why bother with the Bill of Rights?

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    39. Re:The Issue by Anonymous Coward · · Score: 0

      how can it be the "most primary" on an undefined list?

    40. Re:The Issue by MoneyT · · Score: 1

      Nope. Pappers as in the files you keep. THe stuff on your computer and the reciepts that you keep etc. If someone else has the information already however, that's not your papers anymore.

      --
      T Money
      World Domination with a plastic spoon since 1984
    41. Re:The Issue by Clever+Pun · · Score: 1

      From what I know of the topic (disclaimer: not a whole lot), the general rules are as follows:

      IT'S OKAY IF...
      -Both people are under 18 and there's less than a two-year difference between them (i.e. 16yr old and 14yr old is okay; 16yr old and 13yr old is not)
      -Both people are over 18

      otherwise it's bad. My girlfriend is 3 days younger than me. Had we been going out two years ago, I would not have been legally allowed to have sexual contact with her during those three days after my birthday but before hers. I strongly disagree with this, but understand why it's there.

    42. Re:The Issue by Anonymous Coward · · Score: 0

      A sexual malester lost his rights the minute he commited a perverted act, because his right to privacy would infringe on others rights to safety.

      And what about the man who was falsely convicted? What did he do to lose his rights, other than be in the wrong place at the wrong time, or have the wrong colour skin perhaps?

      Publishing the identities of "perverts" (an emotionally-charged and inaccurate label; some of the people on those sex registers have committed hideous crimes like kissing a consenting girl one day before she came of age) violates more rights than it protects. This is a simple fact, and no amount of hysteria is going to change it. It leads to vigilante persecution and bad laws.

    43. Re:The Issue by grolaw · · Score: 1

      FOIA simply does not apply to this argument. FOIA is at root, nothing more than a law that permits a demand be made that the US Federal Government provide certain classes of information to the people whose taxes paid to amass that information.

      Many types of personal information collected by the Federal Govt. are not available under the FOIA, i.e.: income tax returns, data and arguments presented to a grand jury where no indictment is returned, medical records of government employees, service records of retired / discharged military, voting records of citizens (e.g. the specific vote cast), and so on.

      Privacy, or the right to be left alone, is the single most important right of a citizen. It is not a construct of the modern world. Try looking up "Writ of Assistance" in Great Britain. It was illegal in Britain 300 years ago and it was the doctrinal basis for the 4th, 5th and 6th amendments to the US Constitution.

      Privacy is a right. It has never been up for grabs till GWB / Ashcroft & a very foolish legislative branch allowed the issue to come into contention. We did not respond to the bombing of Pearl Harbor (an act that killed far more than 9/11) with this kind of inchoate fear and foolish legislation.

    44. Re:The Issue by voidptr · · Score: 2, Informative

      It depends on the state. If you really need to find out, use AgeOfConsent.com for your particular situation.

      --
      This .sig for unofficial government use only. Official use subject to $500 fine.
    45. Re:The Issue by benna · · Score: 1

      Not even that as facts can not be copyrighted.

      --
      "It is not how things are in the world that is mystical, but that it exists." -Ludwig Wittgenstein
    46. Re:The Issue by Anonymous Coward · · Score: 1, Insightful

      Why does this country believe that prisions are an effective form of punishment? Prisions are simply a way to get criminals off the streets to make it safer for everyone else. If you start to believe they are something more you'll be sorely disappionted.

      Therefore you place a violent criminal in prison and let him go after it is decided that he is no longer a threat to society. No need to further violate his rights. If he is still a threat, don't release him. If he isn't a threat why open him up to public harassment?

      Sure it would be nice to know that someone who committed a crime against you has been punished. However it is far more important to see that it doesn't happen again.

      Think about it and you'll see why our criminal justice system doesn't work.

    47. Re:The Issue by Planesdragon · · Score: 1

      If everyone has access to your medical records, even if they can't change them, we could start getting to a Gattaca style world; where people are discriminated against based upon their genetic profle.

      Not likely. We'd either find enough real-world data to know how many people don't go with their genetic indicators, or we'd find out that the "discrimination" actually just makes sense.

      We could make laws that say having access to certain information can't affect your decisions, but that is easily circumvented by finding or creating other "reasons" to select a differen, "better" individual.

      That'd be foolish. A better answer to too-much-information is too-much-information; if the company can know about me, then I can know about the company. If they discriminate against folk with long hair, or asthma, or bad genes, I can "vote with my dollars" and not go there--even if they would favor me.

    48. Re:The Issue by Planesdragon · · Score: 1

      Yea, that sounds much better than everyone knowing my business and being flooded with junk mail...

      What if you knew exactly who sent you the junk mail?

      "Just bought a coffee pot" could be coupled with "refuses to buy from companies that junk mail you." Statistics be damned; when the comapny knows that about you, and continues to junk mail you, you should be able to bill them for wasting your time.

    49. Re:The Issue by Anonymous Coward · · Score: 2, Insightful

      In the US, you have the right to free speech, but, if your free speech infringes on someone elses same right, then your right is then taken away.

      A problem with the legal system in the US is this mindset that exercising your rights can't infringe on someone else's rights. How's that? So if you have the right to peace and quiet and I have the right to chainsaw firewood in my back yard, whos rights win out? The one with the most legal clout? Yes, exactly. In other words, the one with the most money.
      That's the hard part about living in harmony. You have to give a little to get a little in return. If nobody budges then... well! You have what we have today in the USA. Too many people pissed off at each other, no community, nobody talks, hair trigger road rage, what a messed up state of society.
      I think we need to change our thinking on what freedoms people have and don't have. Some freedoms are mutually exclusive and that's life.

    50. Re:The Issue by isaac · · Score: 1
      so what you're saying is that there is no such thing as an inalienable right, since there clearly is no 'right' that has has never been nor could be taken away.

      No. An example of an inalienable right is freedom from bondage. You can't (legally) be enslaved, nor voluntarily submit to slavery, nor sell yourself into chattel slavery.

      An example of an alienable right is your right to free speech. You can enter a contract where you agree to be restricted as to what you may speak about - e.g. a nondisclosure agreement.

      -Isaac

      --
      I am not a lawyer, and this is not legal advice. For Entertainment Purposes Only.
    51. Re:The Issue by Anonymous Coward · · Score: 0

      The law doesn't account for "falsely convicted" people. If you are convicted of rape, then between the time you are convicted and the time you either die or have your conviction overturned by a higher court, you are a rapist.

      This is, of course, a rather inaccurate way of looking at things. Unfortunately, operating under that principle is the only way our legel system can be considered "objective."

    52. Re:The Issue by Bugmaster · · Score: 1
      This is the common trap of assuming that everything that is natural in the universe is observable under the emperical method, that is to say "things one can measure."
      As I said in my original comment, you're free to believe in some sort of dualism -- but unfortunately, in this case you'll never be able to persuade a skeptic, because dualism of any kind requires a certain measure of faith. There's nothing wrong with that, of course.
      Science makes no claims to the valdity of claims of spirtuality, beauty, or morality.
      Isn't this pretty much what I said ? Our moral values are not "natural", they are just conventions that we live by. We can use statistics and the empirical method to find out if certain values are creating the society we "ought" to have (as you put it), but ultimately, "ought" is subjective. It sounds like we're in agreement: "natural" rights aren't really natural, unaliable, immutable, etc. -- they're what we make them out to be.
      --
      >|<*:=
    53. Re:The Issue by Anonymous Coward · · Score: 0

      IT'S OKAY IF...
      -Both people are under 18 and there's less than a two-year difference between them


      Umm.. that can't possibly be right. By that definition, sex between a 6yr old and an 8yr old would be OK..

      And don't use terms like "It's ok/It's bad".. we're talking legal/illegal here.
      Not that I condone underage sex, but its really a question of maturity if its 'good' to have sex or not.
      But you can't base laws on that.
      Not to mention that you can practically define 'teenager' as 'one who deems him/herself more mature than he/she is'.

    54. Re:The Issue by Anonymous Coward · · Score: 0

      Isn't this pretty much what I said ? Our moral values are not "natural", they are just conventions that we live by. We can use statistics and the empirical method to find out if certain values are creating the society we "ought" to have (as you put it), but ultimately, "ought" is subjective. I guess I'm making two points. One, that somthing which is natural is not required to be within the bounds of the empirical method. (If we want to limit the word "natural" to be only that which can be validated through the empirical method, then yes, I'd agree that "natural rights" has no meaning, however the word's usage itself is not limited to science's sphere of influence") Two (slightly related) that any method we use to ascertian what is true and what is not are choosen for equaly subjective reasons, including the scientific method. This is not to say that the scietntific method is subjective, but one's reasons for choosing it is. (Things which we call objective are just a subset of the things which are subjective... that which is objective is a commonly shared objective ) Further, the fundmental facts that we assume about what makes somthing true or makings somthing false are inherintaly subjective. For example, the idea that an effect needs a cause, or the idea that somthing with a high probablity rate is more true than somthing with a low probablity rate...this is going far afield and I'm not doing a good job arguing the point right now, so I'm going to leave it alone. It sounds like we're in agreement: "natural" rights aren't really natural, unaliable, immutable, etc. -- they're what we make them out to be. That's exactly what I'm not saying =] I'm saying natural rights can't be found through the scientific method and that the scientific method may not be able to uncover all the "unaliable", "immutable", "natural" aspects of reality in the totality of existance. (I'm not making a case for any other methods, only putting forth skepticism that the scientific method can acertain the valdity of all aspects of the universe. )

    55. Re:The Issue by Bugmaster · · Score: 1
      One, that somthing which is natural is not required to be within the bounds of the empirical method.
      Fair enough, but, in this case, can you clarify what you mean by "natural" ?
      or the idea that somthing with a high probablity rate is more true than somthing with a low probablity rate
      Your other examples are very good, but this one is just wrong. A lightning strike (lower probability) is just as "true" as rain (higher probability). I am guessing that what you mean is "the choice to use Occam's Razor is subjective"; I am not sure whether it's true or not, but I am willing to concede the point for now.
      I'm saying natural rights can't be found through the scientific method and that the scientific method may not be able to uncover all the "unaliable", "immutable", "natural" aspects of reality in the totality of existance.
      Then, it sounds like you advocate dualism: i.e., the idea that there are some non-physical "things" out there, such as minds, souls, unaliable rights, perfect forms, etc. (not neccessarily all at once, mind you), which cannot be detected by any device that measures purely physical effects. As I said before, there's nothing wrong terribly with this worldview; unfortunately, the choice between naturalism and dualism is also purely subjective (i.e., requiring of faith), and thus we'd simply have to agree to disagree.
      --
      >|<*:=
    56. Re:The Issue by pentalive · · Score: 1

      " False, I believe. Mere information should be public domain--if I want to find out, oh, what your telephone number is, there shouldn't be any penalty whatsoever if someone tells it to me. "

      Planesdragons phone number is (924)555-3265

      If that were your real phone number, how would you feel right now?

      Now suppose "Plaindraggin" never pays his bills
      and has lots of collection agents hunting him. As a result of your phone number *being made* pupblic domain you start getting calls at all hours.

    57. Re:The Issue by Anonymous Coward · · Score: 0

      > False, I believe. Mere information should be public domain--if I want to find out, oh, what your telephone number is, there shouldn't be any penalty whatsoever if someone tells it to me.

      False. Any information about me -- up to and including the merest hint of the possibility of my very existence -- should inherently be considered my property, and available to you only with my express consent.

    58. Re:The Issue by Anonymous Coward · · Score: 0

      > It's not a privilege, it's an inalienable right. It's granted to you by your existance. It can only be taken away by due process or your own abdication of it.

      The very fact that it can be taken away or abdicated means that it is *not* an "inalienable" right. "Inalienable" rights are ones that *can't* be taken away, or even voluntarily abdicated.

      Now, whether it *should be* inalienable is another question entirely...

    59. Re:The Issue by allism · · Score: 1

      Depending on the state, that would be correct. Most states define an actual age, though - so who would you prosecute in the example you mentioned?

    60. Re:The Issue by allism · · Score: 1

      Yeah, we see how well the 'vote with your dollars' strategy works. Think Cracker Barrel. Think Abercrombie and Fitch.

      Or for that matter, think of the RIAA and the MPAA - how many of us actually don't purchase their products based on their practices? How much of a dent has it really made? Obviously not enough to make a difference in how they act - and they've probably pissed off way more people through their actions than would be pissed off at some racial/sexual/genetic slighting.

      I'm all for spending money to support - or not support - companies who hold positions I agree or disagree with, but the damage that can be done through discrimination based on genetics may not be undone through just purchasing power.

    61. Re:The Issue by jnana · · Score: 2, Insightful

      There is great precedent for taking literal things like 'papers' -- which was synonymous with (sometimes personal or private) information in that day -- and interpreting them in light of the different context in which we live today. Hence, 'papers' is interpreted to mean more today than it did 200 years ago, just like 'speech' in the first amendment means more than it did 200 years ago. Fortunately, interpreters of the constitution are generally not as literal minded as you!

    62. Re:The Issue by Anonymous Coward · · Score: 0

      Freedom is not a natural right, it is a privilege. This is evidenced by taking aways personal freedom from criminals and felons.

      Just because felons have to sit in jail, can't vote and have reduced privacy, you can't judge anything about the nature of these subjects.

      Or do you mean free speech, a fair trial and the protection from unwarranted searches are a privilege, too, since they are abolished with the PATRIOT act? Please get a clue...

    63. Re:The Issue by Anonymous Coward · · Score: 0


      The government knows your phone number. They know your social security number (hopefully), bank account numbers...

      The real issue here in this "no one is anonymous" era is that government can/will easily have almost total observance of what you do.

      Many penalties for minor infractions were originally designed as cautionary messages to others so that they don't attempt the same thing and are thus extreme (because authorities didn't have the ability to monitor everyone).

    64. Re:The Issue by raistlinjones · · Score: 1

      Are you implying that you think the 8 year old should be prosecuted?

  2. Tree falls in the forest by Nadsat · · Score: 5, Interesting

    "If someone rummages through all your stuff, nothing's taken, but they find out information about you, (yet) you can't show actual damages.

    If a tree falls in the forest and no one hears it, does it make a noise? Did some one ever come up with an answer to that age old parabole? If not, I don't think the Supreme Court any time soon will wrap its hands around an ancient Zen koan.

    1. Re:Tree falls in the forest by TwistedSquare · · Score: 1

      If a tree falls in the forest and no one hears it, does it make a noise? My 2 penneth-worth: Yes, because the tree can't tell whether anyone's listening :)

    2. Re:Tree falls in the forest by Lifewish · · Score: 1

      And in this case the echo could start an avalanche. It's like giving out duplicates of someone's house key and claiming you haven't done anything wrong cos no-one's broken in yet. Especially now that this problem is in the public eye, there's a real risk of identity theft for these people.

      --
      For the love of God, please learn to spell "ridiculous"!!!
    3. Re:Tree falls in the forest by Fancia · · Score: 1

      Unless I'm mistaken, a sound is just a vibration until there's a listener to interpret it. Ergo, no; the tree falling makes vibrations unless someone is around to hear it. ^.~

      --

      Bít, zabít, jen proto, ze su liska!
    4. Re:Tree falls in the forest by Guppy06 · · Score: 1

      "If a tree falls in the forest and no one hears it, does it make a noise?"

      My tape recorder says it does.

    5. Re:Tree falls in the forest by AhtirTano · · Score: 1
      Unless I'm mistaken, a sound is just a vibration until there's a listener to interpret it. Ergo, no; the tree falling makes vibrations unless someone is around to hear it.

      Following this logic, vibrations that are too low or high to trigger response by the human ear are not sounds. That means dog whistles are indeed silent. Surely, that can't be right, because dogs seem to hear them.

      Obviously, there are easy ways to fix this problem. However, I think these kinds of answers just miss the point. Is the vibration exactly the same whether or not something senses it? If it is, then calling it a "sound" is simply due to the way we choose to talk about it, not due to its reality. Do we really want to answer this question with a language game? (Maybe we do -- I'm playing Devil's Advocate here.)

      Another aspect of the koan can be brought out by asking: If a tree falls in a forest, and nobody is around to sense it, does it cause a vibration? (How do you know? Why do you think you are right?)

    6. Re:Tree falls in the forest by Fancia · · Score: 1
      Following this logic, vibrations that are too low or high to trigger response by the human ear are not sounds. That means dog whistles are indeed silent. Surely, that can't be right, because dogs seem to hear them.
      I didn't specifically define a *human* listener. A dog is fully capable of listening, and thus is also a listener. And, yes, I'm entirely aware that this is a pedantic answer that doesn't go with the spirit of the koan; I wasn't particularly trying to be serious. ^.~
      --

      Bít, zabít, jen proto, ze su liska!
    7. Re:Tree falls in the forest by Anonymous Coward · · Score: 0

      >Did some one ever come up with an answer to that age old parabole?

      Scotty from Star Trek did. "Ye cannae change the laws of physics!"
      That applies to trees, too.

    8. Re:Tree falls in the forest by Txiasaeia · · Score: 1

      If I download an MP3, but it's from Britney Spears and I promise that I deleted it after I heard the opening few seconds, will I still be persecuted for my error?

      --
      Condemnant quod non intellegunt.
    9. Re:Tree falls in the forest by BugZRevengE · · Score: 1

      It is a very smart tape recorder to be telling you what it heard... where do i buy one of those
      oh you mean you heard it recorded on tape?

      --
      Why me? Why not!
      BACKUP YOUR PARTITIONS
    10. Re:Tree falls in the forest by Guppy06 · · Score: 1

      "oh you mean you heard it recorded on tape?"

      No, my hypothetical tape recorder has no speaker. Instead, a green light that says "It made a sound" lights up when the mechanism detects sound above a certain decibel threshold in the recording.

    11. Re:Tree falls in the forest by BugZRevengE · · Score: 1

      are you sure it was the tree that made the sound?
      i think you would need a tape recorder that can tell you what the sound was it heard?

      --
      Why me? Why not!
      BACKUP YOUR PARTITIONS
    12. Re:Tree falls in the forest by Burb · · Score: 1

      There was a young man who said "God
      Must think it exceedinly odd
      If he finds that the tree
      Continues to be
      When there's no one around in the quad"

      "Dear Sir, Your astonishment's odd
      I AM always around in the quad
      And that's why the tree
      Will Continue to be
      Since observed by,
      yours faithfully,
      God."

      --

  3. Whats good for the goose by ignipotentis · · Score: 4, Insightful

    Is good for the Gander... If companies can make money by selling private information, then they can lose it by releasing it publicy if they are not authorized.

    --
    Don't waste time... procrastinate now!
    1. Re:Whats good for the goose by penguinoid · · Score: 0

      Wasn't it "One man's food is anothen man's poison"?

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    2. Re:Whats good for the goose by Anonymous Coward · · Score: 0

      FYI: The case was about the release of the SSN by the government--the Privacy Act of 1974 (the statute at issue in this case) only applies to the government.

  4. Gamming the system by Anonymous Coward · · Score: 2, Interesting

    Suppose I
    1. copyright all my personal data
    2. put it in a database
    3. ad a PGP signature to bring in the DMCA
    4. Sue everybody and his dog who sells or distibutes said information
    5. Profit?

    1. Re:Gamming the system by Anonymous Coward · · Score: 0
      since this got modded up, I guess you're the 2nd biggest retard, not the first as I previously thought.

      If someone hacked into your PGP signed db of info, you might have a case, but if the information is from elsewhere (like when you apply for a credit card), you've no case.

    2. Re:Gamming the system by penguinoid · · Score: 1

      But would the copyright still apply? Or is it impossible to copyright personal data? This would couse problems, as someone might sue the government for knowing their name.

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    3. Re:Gamming the system by Anonymous Coward · · Score: 0

      1. Anything you produce is automatically copyrighted; the information itself however is not, merely the expression thereof...

      2. ...or the compilation, although database copyright is not a clear-cut issue.

      3. A PGP signature does nothing of the sort.

      4. Who? Very few people will go to all that trouble for your specific information. What the people who want personal data are after is large collections of personal data of a large number of people.

    4. Re:Gamming the system by Anonymous Coward · · Score: 0

      "If someone hacked into your PGP signed db of info, you might have a case, but if the information is from elsewhere (like when you apply for a credit card), you've no case. "

      Well assuming you could copyright your personal data, then wouldn't put your personal information be like the RIAA seeling music to you. Only the credit card company can view your personal information, but like music they can not redistribute it. Does thsi make any sense?

    5. Re:Gamming the system by Anonymous Coward · · Score: 0
      Facts are not copyrightable by themselves. A list of telephone numbers or personal data, for example. There was a slashdot story a couple weeks ago about a new US law that changed the protection on databases, though.

      I think you can have a copyright on a compilation though, so a telephone book (phone numbers + ads) is copyrightable. Red Hat could copyright their ISO images, even though the software on them is GPL -- which would prevent you from making an *exact* duplicate, bit wouldn't prevent you from putting the exact same software/packages/etc on yout own CD.

  5. I think so by IANAL(BIAILS) · · Score: 4, Insightful

    It shouldn't really matter if no damage can be proven to the people... I would think the Court should award punative damages to punish for the illegal disclosure, and hopefully 'encourage' them not to do such a thing again.

  6. Another good article by exhilaration · · Score: 3, Informative
    Check out This excellent article on Slate.com about Supreme Court arguments regarding a family's right to privacy after an individual's death.

    It's also really funny.

  7. Good for security by rastakid · · Score: 3, Interesting

    I think this is a wise move, since the companies and governments will probably take a more pro-active stance for security. If security was already an issue in the past at a given company/government, they will probably do even more work to secure it even better. And those who didn't care about security, really need to start looking for some security administrators. Remember: money makes the world go 'round.

  8. mirror by Anonymous Coward · · Score: 0, Informative

    The Supreme Court will hear oral arguments Wednesday over whether the federal government should reimburse individuals whose sensitive data was disclosed illegally, even if no harm can be proven.

    At issue before the court, according to privacy advocates, is how valuable privacy really is.

    The Privacy Act of 1974 prohibits the government from disclosing private information intentionally, without the individual's consent, and provides for a $1,000 minimum fine if the individual is "adversely affected."

    In the case, known as Doe v. Chao, to be argued Wednesday, the Department of Labor distributed the Social Security number of a coal miner who was appealing for black lung benefits.

    Since 1969, the Labor Department has used miners' Social Security numbers as their case numbers on documents shared with coal companies, insurance companies and lawyers for all sides. Those documents also were published in court filings that later ended up in legal databases.

    In 1997, seven anonymous coal miners sued, alleging the government had flagrantly violated the Privacy Act and put them at risk of identity theft.

    Only one of those miners, known as Buck Doe, prevailed in the original case, winning $1,000 by arguing that he suffered emotional distress from the fear that the data leak would lead to identity theft. The government, arguing that the plaintiff needed to show real injury, appealed the decision to the 4th U.S. Circuit Court of Appeals and won.

    Buck Doe argues that the leak itself causes enough distress to warrant an automatic penalty, even if the information leak never leads to financial harm.

    Marcia Hoffman, staff counsel at the Electronic Privacy Information Center, which filed a friend of the court brief (PDF) supporting the anonymous miner, argues that Congress preset the penalty precisely because it is so hard to put a price on an abstract concept such as privacy or to prove damages in absence of others' misuse of that data.

    "If your Social Security number is disclosed, there is a real potential harm from identity theft," Hoffman said.

    Ari Schwartz, associate director of the Center for Democracy & Technology, which was one of many organizations that cosigned EPIC's brief, argues that the outcome of the case will have implications beyond the Privacy Act and could affect future privacy legislation.

    "The outcome of this case will make a general statement about how we value privacy in the United States today," Schwartz said. "If someone rummages through all your stuff, nothing's taken, but they find out information about you, (yet) you can't show actual damages.

    "Yet something intangible has been taken from you, and what do we do to make up for that as a society?" asked Schwartz. "It seems clear to us from the history of the Privacy Act that Congress at that time wanted people to be compensated even for intangible harm."

    The government, on the other hand, argues that the law requires citizens to demonstrate real damages from intentional disclosures of information.

    In its brief (PDF) to the Supreme Court, the government notes that the Veterans Affairs department is currently engaged in a class-action suit over privacy practices and could be liable for a $168 million penalty if the high court holds that the 168,000 individuals involved do not have to show harm.

    The government was joined in its opposition to the miner's claim by an odd ally, the Reporters Committee for Freedom of the Press.

    The group's executive director, Lucy Dalglish, argues that if the government has to pay damages in the case of any improper release of someone's Social Security number, then reporters will not get information from the government that they need and are entitled to.

    "In the spirit of releasing as much information to the public as possible, we think he should have to prove damages," Dalglish said. "If every time you release information about an individual, you are going to be threatened with this $1,000-per-record

  9. Before they answer that... by PSaltyDS · · Score: 5, Interesting

    "At issue before the court, according to privacy advocates, is how valuable privacy really is."

    ...make it clear to the Judges, Lawyers, and Representatives involved that their decision WILL apply to THEIR personal data! I really believe they forget that sometimes. There was a /. article, which I'm too lazy to look up now, about a District Atourney who ruled getting personal data from someone's trash was not actionable. His attitude changed when a group of activists raided HIS trash and published what they found.

    Any technology distinguishable from magic is insuficiently advanced.

    --
    Any technology distinguishable from magic is insufficiently advanced. - Geek's corollary to Clarke's law
    1. Re:Before they answer that... by exhilaration · · Score: 4, Informative
      This might be article you're talking about: Portland's top brass said it was OK to swipe your garbage--so we grabbed theirs.

      The DA thought it was funny, the mayor and chief of police didn't.

    2. Re:Before they answer that... by PSaltyDS · · Score: 1

      Found the article, and gracefully ignored my spelling of "Attorney". Thanks for the backup!
      :-)

      Any technology distinguishable from magic is insuficiently advanced.

      --
      Any technology distinguishable from magic is insufficiently advanced. - Geek's corollary to Clarke's law
  10. Oh come on by SeXy_Red · · Score: 4, Funny

    My personal information is worth atleast 2/10 of a cent :P

    --

    This sig was generated by a barrel of trained kittens for SeXy_Red (550409).

    1. Re:Oh come on by Fancia · · Score: 1

      But your personal information is preowned! Surely you don't expect me to pay full retail price.

      --

      Bít, zabít, jen proto, ze su liska!
    2. Re:Oh come on by Anonymous Coward · · Score: 0

      My personal privacy is worth whatever someone who uses it to get unwarrented gains for themselves through my information is able to get with it.

  11. this is stupid by Anonymous Coward · · Score: 2, Insightful

    what the hell? so, what it sounds like is that unless your a paris hilton or michael jackson, they don't really give a shit about you because you're not worth enough to sue anyone.

    privacy is privacy and it should apply to all equally. who determines what the cost was? for famous person it's pretty easy to prove lose, but for the average joe, we're just fucked. fuck that noise

    disclaimer: I did not RTFA

  12. 1/10th of a cent? by Junior+J.+Junior+III · · Score: 1

    Finally... micropayments!

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
    1. Re:1/10th of a cent? by npistentis · · Score: 1

      1/10 of a cent... I can recoup my losses from ID theft by cashing in the 300,000 [cash value:1/20 cent] coupons I've been hoarding for all these years!

      --
      Gentlemen, you can't fight in here! This is the War Room!
  13. The value of privacy. by FreeLinux · · Score: 4, Insightful

    It should be fairly easy to place a dollar value on privacy. First we can geta value by looking at what marketers (or marketeers) are charging companies for your information. A list of 10,000 names and phone numbers can cost a mortgage company's telemarketing department tens of thousands of dollars. So, it's rather simple to place a dollar amount on the value on an individuals information. Compound that value with the multiple of times that the information was disclosed and throw in a percentage for damages and you find that privacy has a rather high cost.

    And yes, they should reimburse people for breaches. Stupidity should definitely be painful.

    1. Re:The value of privacy. by Anonymous Coward · · Score: 0

      You would fall way short of the actual damage with that method. You are measuring what the breach of privacy is worth to those who get the information, instead of what privacy would have been worth to the victims.

      Say a marketeer is willing to give $50 to learn _all_ about your life. Would _you_ be willing to give it to him were you given a choice?

    2. Re:The value of privacy. by Lord+Bitman · · Score: 1

      But a slashdot account is not exactly "_all_ about your life".. why the AC? :)

      --
      -- 'The' Lord and Master Bitman On High, Master Of All
    3. Re:The value of privacy. by God!+Awful+2 · · Score: 1


      A list of 10,000 names and phone numbers can cost a mortgage company's telemarketing department tens of thousands of dollars. So, it's rather simple to place a dollar amount on the value on an individuals information.

      Did you consider that if you open sourced your information, they could no longer make any money off it?

      -a

    4. Re:The value of privacy. by Rob+Riggs · · Score: 1
      Did you consider that if you open sourced your information, they could no longer make any money off it?

      Care to open source your SSN and prove that point?

      --
      the growth in cynicism and rebellion has not been without cause
  14. Buck Doe? by Colymbosathon+ecplec · · Score: 2, Funny

    Ok, I know this is a serious matter, but did he have to pick "Buck Doe"? Sounds like a porn star for bestiality movies!

    1. Re:Buck Doe? by Anonymous Coward · · Score: 0

      When you've got a dozen or so Does suing pseudonymously, you only want so many Johns and Janes. I was hoping somewhere to find a Marlin Roe or something, but no luck so far.

  15. Having handled government Data before by pbug · · Score: 1

    I have came across people's Social Security many times. By putting a value to people's information you will hopefully decrease the leaking of this data to the world. Now the only question is what is the number we need to put on it.

  16. If semantics say by way2trivial · · Score: 3, Insightful
    because it can be taken away.. it's a privilege.
    then why is it the death penalty flies in the face of our constitutional rights?

    (your rights can be taken away too ya know)

    --
    every day http://en.wikipedia.org/wiki/Special:Random
    1. Re:If semantics say by YrWrstNtmr · · Score: 0

      because it can be taken away.. it's a privilege

      No. IMHO, it is still a *right*. You choose to give it away, as in the case of a criminal. Or it can be violated, as in the case of an agency inadvertantely exposing it. But it is still a right.

      Similarly, just because I can temporarily take away your *right* to freedom, by kidnapping you, does not make it any less of a right.

  17. It Has To Be Made A Property, For Sure by tds67 · · Score: 5, Insightful
    But is privacy a 'property' and does its loss require compensation?

    Absolutely, unequivocally "YES" on both counts.

    We live in an increasingly Corporate culture, where it's always "the economy stupid." We have become global Corporate citizens instead of citizens of any one particular country. Privacy is not respected by the machinery of business, and those of you out there who have ever worked with or in a Marketing department know what I'm talking about.

    It took a law to put the brakes on telemarketers, and God knows what it will take to stop spam, if that's even possible. But by making privacy a "property" that has monetary value, we can finally put it on the radar screens of Big Business.

  18. Privacy Act only applies to use by the Government! by anti-tech · · Score: 5, Informative

    The lawsuit concerns disclosure of a person's SSN. However, in a written response from my US Senator, I was informed that any company, anywhere can DEMAND your SSN as a condition for services, e.g. I go the the doctor's office and the doctor can require my SSN before seeing me, I apply for a lease on an apartment, the lease company can require my SSN as a condition on the application. There are absolutely no restrictions for companies requiring/requesting this information, and there are no regulations on how they must then safeguard it! I was told that if the kid cutting my grass wants my SSN as a condition, he can require it (of course this is a silly example, but is perfectly legal, according to current US laws. Either that or my Senator and the government websites I was directed to are seriously flawed.) Now, I routinely refuse to provide the info and challenge them to deny me service (with a crowded waiting room, etc), but it isn't a good way work with some businesses. (normally they just want the number because it makes it easy for assigning a unique number for their databases)

    The privacy act applies to government use of our information, not private corporations. And the SSA told me while Congress passed laws governing the use of SSN, Congress never bothered passing legislation authorizing the SSA to enforce the laws.

    If I can locate the document, I will try to provide the rest of the info, but I have to go take my blood pressure medicine.

  19. Harm by MonkeyINAbaG · · Score: 3, Insightful

    even if no harm can be proven.
    How can you disprove harm in this case?
    A social security number is an American's entire life and worth, as far as law and government are concerned.
    Without it, you arent even a vote.

  20. Privacy is a Constitutional Right by PingXao · · Score: 5, Insightful

    "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

    That's article IX or the U.S. COnstitution. The fact that trroubling issues of privacy and technology didn't arise until 220 years later doesn't mean jack shit to me. Article IX makes it quite clear that the notion of a "Right to Privacy" must certainly exist. How dare anyone disparage my beleif that it is my right? The time is drawing near when politicians who ignore the Constitution and the judges who are bought right along with them, will have to account for their actions. And I'm not talking about violence here. I'm talking about a second Constitutional Convention. Something that strikes fear into the heart of every politician and every greed head in the land.

    A Second Constitutional Convention would do us a world of good. And possibly a world of hurt as well, but the medicine must be strong for what we've allowed this nation to mutate into. All it would take is a two-thirds vote of the states. The day is coming. It might not be right around the corner, but it is coming.

    1. Re:Privacy is a Constitutional Right by superman53142 · · Score: 1

      A Second Constitutional Convention would do us a world of good.

      Oh, please. The irony kills me; you cite how the current Constitution supports what you're trying to say, and how the current powers-that-be ignore it, and then urge people to support a new Constitution which would be written by those in power. A rewrite at this point would simply give those in power the ability to make their failure to follow the Law compliance with a new Law.

      For the record, your quote is from the 9th Amendment to the Constitution, not the Constitution proper. It is essentially the equivilent of the legislative elastic clause found in Article I of the Constitituion, except it applies to the people. The 4th Amendment to the Constitution also plays into this debate, as it deals with the "security" of the people. Finding the text of cited passages is left as an exercise to the reader.

    2. Re:Privacy is a Constitutional Right by ChristTrekker · · Score: 1

      A 2nd CC worries me. There is no guarantee that the rights protected by the first 10 amendments to the current Constitution would be similarly protected by a new one. The men 225 years ago had some principles, but I don't trust the people in power now to come up with a suitable replacement document. If they just followed the existing one we'd be much better off, and the only way to do that is to hold them accountable to We the People - vote the bums out! And don't vote another bum in in the process. IMO most Democrats and Republicans are bums.

  21. But who owns the info by panxerox · · Score: 3, Interesting

    since databases are now copyrighted, if a company collects the info don't they now own it?

    --
    "It's so convenient to have a system where everyone is a criminal" - A. Hitler
    1. Re:But who owns the info by Anonymous Coward · · Score: 0

      It's an old chestnut that you can't copyright facts--only compilations of facts, and only insofar as those compilations express original thought.

      Not sure how a db copyright would affect this...

  22. Re:Privacy Act only applies to use by the Governme by Anonymous Coward · · Score: 0

    Laws are starting to tighten up with regards to what can be done with data. medical folks have HIPA, financial group have one, There however is not a universial law to cover data.

    Hey will someone ask for my SSN, I give them my Special Society Number. works for places that think they need my number and dont.

  23. Constitutional Right? by gradji · · Score: 3, Insightful

    The amazing thing about this whole debate is that there is no clear constitutional right for privacy (at least in the U.S.).

    Consequently, it is not clear what the basis will be for any Supreme Court judgement in this case. Usually the Supreme Court rules when two or more Constitutional rights are at odds with each other (e.g. 10th vs. 16th ... usually State's Rights (10th) is involved) ... or when a particular phrasing in the Constitution is deemed "ambiguous" (1st Amendment ... what is "speech") ... but neither is the case for privacy.

    So a key question is whether the Supreme Court, through its judgement(s), can establish such an expliit right ... or do we require Congressional action?

    Personally, I think we need more federal legislation and/or Constitional Amendments safe-guarding our privacy rights. In recent years, we've seen a piece-meal movement toward achieving such a goal (most notably, rights protecting student/criminal records) but it should be a concerted agenda. This will become a much more pressing need as the availability of sophisticated, cost-effective information technology increases. Can you imagine *physical* stores creating databases based on security camera recordings? It's not far-fetched (Vegas casinos already do it)

    --

    1. Re:Constitutional Right? by Trillian_1138 · · Score: 1

      I agree that something specific needs to be done to protect the right to privacy. When the Constitution was created "privacy" almost always meant physical protection of your privacy by preventing entry to your home or workplace. And there's an Ammendment which covers that issue. The idea of an exposure of information being a violation of privacy probably would have seemed rather odd, so it's not surprising it wasn't covered.

      But I think the Supreme Court could rule on privacy because the Constitution (I _believe_ in the 9th Ammendment) says that the Constitution/Bill of Rights doesn't specify ALL of the rights people have, and that just because something isn't in the Constitution doesn't mean it's not a right.

      That said, I think that's a pretty weak defense for a right to privacy, and I believe the possibility of privacy being infringed upon is more and more important as information systems become more and more connected. I don't want my privacy protected by the defense, "Well, the Constitution doesn't say I DON'T have a right to privacy...." So I wholeheartedly agree that there should be something more specific guaranteeing my right to privacy.

      Maybe even (although I doubt it would ever get passed) an additional Ammendment. I can't think of a simple way to word what "Right to Privacy" is, but I think something could be found to cover this concern.

      -Trillian

  24. privacy is a right? by gyratedotorg · · Score: 3, Insightful

    not trying to sound like a troll, but to all the people saying that privacy is a right, i ask you this: a right granted by whom?

    fyi, the united states bill of rights says absolutely nothing about privacy. neither does the constitution. a bit scary, but its true. look it up.

    the 4th amendment to the bill of rights sorta hints at privacy, but its obvious that our forefathers could not even begin forsee the type of privacy issues we deal with today.

    --
    Gyrate Dot Org - "Where high-tech meets low-life"
    1. Re:privacy is a right? by RealProgrammer · · Score: 1
      granted by whom?

      It's an inherent right, subject to the same limitations of other inherent rights. You can

      • own a gun if you can afford one and agree to use it properly
      • speak, but don't be a public nuisance
      • believe what you wish, but don't do human sacrifices
      • have privacy, but a secret shared is no secret.

      The issue is whether the government must protect your privacy after you'vre shared your secrets with them, since the government requires you to do so.

      --
      sigs, as if you care.
    2. Re:privacy is a right? by buxton2k · · Score: 1
      There is a Constitutionally-supported right to privacy. (Note: IANAL, so please correct me if I am mistaken in my facts.)
      not trying to sound like a troll, but to all the people saying that privacy is a right, i ask you this: a right granted by whom?
      By the Supreme Court, which traditionally has the power to interpret the Constitution and identify/interpret rights that may not be explicitly enumerated.
      fyi, the united states bill of rights says absolutely nothing about privacy. neither does the constitution. a bit scary, but its true. look it up. the 4th amendment to the bill of rights sorta hints at privacy, but its obvious that our forefathers could not even begin forsee the type of privacy issues we deal with today.
      The Constitution is a living document, and its meaning is interpreted by those reading it at any given moment. In 1965, in the case Griswold v. Connecticut, the Supreme Court recognized a right to privacy - essentially, they said that if you look at the rights that are spelled out in the Constitution, many of them hint at and rely upon another right that is not specifically stated - and that right is privacy. In Griswold, Connecticut had outlawed the sale and use of condoms and other contraceptive devices, even for married couples, because they were judged immoral; the Court said that without a compelling interest (i.e. someone is being hurt), the state has no power to control what two consenting adults use in the privacy of their own bedrooms.

      The reasoning behind recognition of privacy as a right is that the right against unreasonable search and seizure, the right against self-incrimination, the right to free speech, freedom of religion and free assembly and other enumerated rights all rely upon an unstated right - privacy. They all assume that you have, or ought to have, a certain zone around your mind, body and possessions that is free from intrusion by others, especially the government. (i.e. you can't effectively practice free assembly unless you believe you can get together privately without government monitoring, etc.) The recognition of the right to privacy was upheld and built upon in successive cases, most notably Roe v. Wade, where the Court said that the right to privacy meant that the government could not outlaw a medical procedure that was no one's business but that of the woman involved and her doctor.

      In other words, the Court did not create a right to privacy - they ruled that a right to privacy had always existed in the Constitution, as a necessary precursor to the existence of other, enumerated rights, and was evident when you looked at those rights collectively and noticed the common underlying logic - the government should leave you alone unless there is a compelling reason. (The language the Court used was that privacy was evident in the "penumbra" created by the enumerated rights.)

    3. Re:privacy is a right? by Anonymous Coward · · Score: 0

      not trying to sound like a troll, but to all the people saying that privacy is a right, i ask you this: a right granted by whom?

      By the Supreme Court, which traditionally has the power to interpret the Constitution

      --Sorry, but my rights are NOT granted to me by the Supreme Court. My rights are granted to me by GOD. Laws are interpreted by the supreme court.

      The Constitution is a living document, and its meaning is interpreted by those reading it at any given moment.

      --Sorry again. The Constitution is NOT "a living document". It is a document whos meaning DOES NOT change over time or can be changed or reinterpreted by those reading it at any given moment. LAWs can change over time, but they must endorse the Constitution or be repealed.

      Tony

  25. Burden of proof and cost of recovery by goombah99 · · Score: 3, Interesting
    When the maximum an individual can recover is $1000, the value of trying to prove one was injured only makes sense in a class action.

    But if each individual has to prove harm this becomes prohibitive. Say if my SS is left exposed for a few months on a web site, and later my identity is stolen. Can I prove that one caused the other? Not likely.

    It seems like certain information shoul dbe designated as must-be-kept-secure and its very exposure shifts the burden of proof that no harm was done to the government.

    Of course as a practical matter this could get sticky if one day say a server containing all of the SSN numbers were hacked or a disgruntled employee posted them.

    --
    Some drink at the fountain of knowledge. Others just gargle.
  26. Mod Parent Up! by dave1g · · Score: 1

    I dont have any mod points :(

    Certainly he has just proven that the free market has already put a price on private information. And for things that arent legally traded such as SSN the government could put an arbitrary high value but not an extreme one, and of course the value of such data could be changed from tiem to time through acts of congress or executive order...

  27. The Real Question of Questions by Anonymous Coward · · Score: 3, Insightful

    So what you're saying with the tree metaphor is that if a crime has been committed, and no one is affected by it, why is it a crime in the first place?

    If private information is released, and no one is affected by it, then why is it a problem to release private information in the first place?

    This creates its own self-serving logic... which logically (and it doe smake sense) gives right to let the supreme court release what they want.

    However, if it is a problem to release private inforamtion... then let's step back: why should government have this private information to begin with? Do they actually *need* these certain things? Control for the sake of control? Is technology and thirst for statistics driving the need for more and more details... which inherently run into the problems or corruption and misuse that we seeing arise in such cases as this article?

  28. Irony by CrackedButter · · Score: 1, Flamebait

    Americans discussing rights!

  29. The 9th amendment bone head. by Anonymous Coward · · Score: 0

    try reading past the 4th amendment mr know-it-all. the 9th amendment says that the billof rights is not an exlcusive list. It also says that the people grant themselves rights, not the constitution. So to answer your lame freshman question you dont need some king to have paternalistically "granted" you the right to privacy for it to be a right.

    1. Re:The 9th amendment bone head. by superman53142 · · Score: 1

      One must remember that Constitution also contains an elastic clause for Congress, stating that they have the right to pass the laws necessary for executing their enumerated powers (See Article I, Section 8). In many cases, information about an individual is absolutely necessary for government to function.

      It is for this reason that the case is a constitutional question; the Supreme Court needs to clarify the line between the privacy of a citizen and the usage of information about a person in functional government.

    2. Re:The 9th amendment bone head. by volkris · · Score: 1

      Proper application of such thoughts would rule that privacy is NOT a right, as privacy rules by nature infringe upon others' abilities to use their private property as they wish.

      This is a much more direct potential infringement, and therefore is the one which would be granted by such argument.

    3. Re:The 9th amendment bone head. by Anonymous Coward · · Score: 0

      All property rights have inherent limits, otherwise they destroy themselves. If I have the ability to use all my property exactly as I wish, I should be allowed to set up a slaughterhouse next to your beach resort. But nuisance law (in most cases) would prevent this.

      On the other hand, there are limits to which you can complain about stuff (smoke, smells, light, vibrations, sounds) that goes beyond my property bounds. You can't get an injunction preventing me from cooking in my own house, no matter how often or how badly I tend to burn the eggs.

    4. Re:The 9th amendment bone head. by volkris · · Score: 1

      Don't base argument on existing law. You'll be just as incorrect as the law itself.

      You SHOULD be able to build a slaughterhouse next to my beach resort, so long as you don't actually degrade my beaches.

  30. Damages? by erroneus · · Score: 4, Insightful

    What damages are shown in cases of rape? What if, for example, I raped someone but was careful not to do any physical damage? I know that doesn't seem possible but just indulge me for a moment. Let's just assume such a thing was accomplished.

    Now then, if no "damage" was done, was there a crime? You're damned right!! Something was done against an unwilling individual that made them feel quite uncomfortable and would rather you hadn't done it. It was without consent, immoral and while no "damage" was done, it was still a violation of that other person's will. In fact, asside from degrees of severity, I see no difference between the crime of rape and the crime of stealing, selling or otherwise abusing my personal information. When there is so much about a person that defines a personality, I have realized that anything as simple as a [portable cell] phone number is actually a part of a person's identity... as much as a person's address, place of work, the car he drives or the people he knows. It's a part of the definition of a person. Using and abusing that person constitutes an abuse of that person.

    Is this an extreme opinion? Maybe... I don't know... it's a question of where you want to draw the line. But consider how uncomfortable you might feel about life if you knew something about yourself was out there somewhere being abused.

    1. Re:Damages? by oGMo · · Score: 1

      This is a pretty good point. And somewhat of a sad one, too. Consider the average jail time for rape is something like 3 years (and in the majority of cases none), it just goes to show the real concern of the system, and this society in general. If there isn't a large amount of money involved, your ruined life don't really matter.

      Sickening.

      --

      Don't think of it as a flame---it's more like an argument that does 3d6 fire damage

    2. Re:Damages? by MoneyT · · Score: 1

      The right to be secure in one's person (as enumerated by the 4th amendment) has been violated.

      --
      T Money
      World Domination with a plastic spoon since 1984
    3. Re:Damages? by Anonymous Coward · · Score: 0

      Correct - lets say I was abusive or a habitual flasher.

      No harm, right?

      Oh, not in that case, huh?

  31. Re:Privacy Act only applies to use by the Governme by ChrisKnight · · Score: 3, Interesting

    Two weeks ago a position opened at AT&T in my area, with a set of skill requirements that was rather hard to find in my area. Consequently I received calls from thirteen different recruiters over a three day span. I was flattered.

    Each and every one of them told me that AT&T required my SSN along with my resume in order to apply for the job. I told every one of them that it wasn't going to happen. (I only had to hang up on one for not being willing to at least accept my choice.)

    A company can, and will, demand anything they can get away with. It is up to us to take a stand and tell them that we have a right to refuse to do business with them as well.

    -Chris

    --
    -- This sig is only a test. If this were a real sig it would say something witty. --
  32. Compensation culture by zaphod_es · · Score: 4, Insightful

    It is about time that we all started to think about the question of compensation/damages. Far too many people seem to think it is a bit like winning the Lotto. That guy bumped me so I claim whiplash and a $1m settlement.

    People should receive fair damages or reimbursement of losses sustained through the negligence or incompetence of others. It is not right that they culprit is "fined" and the proceeds passed to the victim.

    If a Government causes damage by revealing private information it should compensate the victim even if it is only a token amount for embarrassment. If the misbehavior is so bad that it deserves a punitive settlement I see no reason for that to be paid to the victim. There are many better ways of distributing these windfalls.

    If a department loses a chunk of its budget through malicious or arrogant disclosure of personal information it might start asking who was responsible and trying to prevent future abuses. There is no need to turn it into a get rich scheme and a honeypot for ambulance chasing lawyers.

    ZB

    1. Re:Compensation culture by Anonymous Coward · · Score: 0

      If you don't give the individual *some* money, they won't sue. They, like most ordinary, non-litigious people, will pick themselves up and walk away, trying to deal with the increased threat of identity theft as best they can.

      The award here is only $1,000. That's the statutory minimum, and that's what the plaintiff is asking for. No one will be receiving a windfall from this case--not the lawyers and not the plaintiff. The entire point of the award *is* as a deterrent--that's precisely why there's a statutory minimum, and why it applies to disclosure of each record. Each person has a bit of incentive to file suit, and the government thus has a BIG incentive to set up data systems that don't hose this information all over the place. Keep in mind that the Privacy Act only applies to the government--a federal agency isn't going to notice one penalty of $1,000. They will, however, notice a penalty if their system releases the personal info of a few hundred or a few thousand people.

  33. contracts by Doc+Ruby · · Score: 1

    The value of the lost privacy is the damages, hard to quantify in terms of its replacement value, or even market demand. Of course, the actual acts that destroy the privacy have their own legal consequences. And of course there's the breach of contract when the keeper of your info unilaterally changes the rules, especially when that's secret. If the court represents the people, it will come down hard on these acts, but the Rehnquist court has quite the tight relationship with corporations, especially "direct mail" moguls like Bush politcal director Karl Rove.

    --

    --
    make install -not war

  34. Oh boy! What a payday! by Sonny+Yatsen · · Score: 1

    After companies sell my private information 50 times, I can manage to buy some nickel candy! Sounds like a sweet deal to me!

    --
    My postings are informational and does not constitute legal advice. Act on it at your risk.
  35. If it can be sold, it has value: "free" offers by Lord+Bitman · · Score: 3, Insightful

    If my personal information can be sold, it has value and I should always be paid for its use- the price is up to me, not the company doing the selling. (Imagine if you gave your car to a dealer to have it serviced, and when you got it back, they had installed a tracking device which delivered targetted advertising to you 24/7. Don't you need to agree to things like that before-hand? They can't just say "We've decided that the irritation you may feel is worth ten dollars, so here")

    If my information has value, no offer should be allowed to use the term "free!" if your personal information will be sold by the company. If they sell it, it has cash value to them, and so the deal is not "free".

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  36. In Italy privacy is guararteed by law by pioppo · · Score: 2, Interesting

    We have a law since 1996, it's number 675.

    In Italy people can't collect, use, process, sell and give away your personal information without your explicit written consent collected in advance.

    For some data, the state is exempt by default (those strictly needed for tax and justice work).

    Sensitive information (sexual, religious, about health and politics, and so on) is protected by special regulation.

    Violating this law could result in penalties or prison, depending on gravity of violation.

    This is very useful for spam too: many italian spammers have been already fined 250EUR for each spam email they sent (this money has been given to spammed people) plus legal costs.

    1. Re:In Italy privacy is guararteed by law by MS · · Score: 1
      A few months ago (I think it was September) a new law was passed, and it got even better (or worse, from a spammers point of view):

      Spammer now will be fined up to 90000 Euros and 3 years of jail

      It's a pity, 95% of spammers are located in USA, so I living in Europe can neither collect, nor sue. It would be a nice income, as I get about 200 spam-mails a day!

      :-(

  37. Social Security numbers are not private by Anonymous Coward · · Score: 0

    Most health insurance companies in the USA use your SS# as your patient ID. Quite a few companies also use it as Employeee IDs. It is on a lot of mail that is sent to your house ( think financial type stuff ). And speaking of financial stuff, ever wonder just how much private info about you is processed by folks from India , Pakistan and such > Until credit card companies and others stop trying to get every man woman and child in the USA to carry their cards. Or the goverment finally starts making THEM not us carry the cost of clearing up the mess you might as well tatoo it on your head. We are sitting ducks because it is SO easy to get credit.

    1. Re:Social Security numbers are not private by CaptainTux · · Score: 1

      Actually, a lot of states are passing laws that say a company cannot force you to use your SSN as an indentifying number due to the increasing cases of identity theft here in the United States. While this hasn't happened on a national scale yet, I do believe that we will see a time when SSN's *are* protected by privacy laws.

      --
      Anthony Papillion
      Advanced Data Concepts, Inc.
      "Quality Custom Software and IT Services"
  38. Citizens on the short end of YA double standard. by Anonymous Coward · · Score: 0

    The Supreme Court will hear oral arguments Wednesday over whether the federal government should reimburse individuals whose sensitive data was disclosed illegally, even if no harm can be proven.

    So, let's see:

    We all pay more for blank recordable media because we *might* use it to illegally copy copyrighted material and cost some huge corporation a few bucks. We've all effectively been found guilty and penalized by a fine.

    Put the shoe on the other foot, the government does something that *might* cost one or more of its constituents considerable time, money, and frustration trying to sort out the aftermath of having their identity stolen, and they don't want to be liable for it. You can bet that if they manage to avoid liability, the corporations that own the lawmakers will be pushing to join them.

  39. Privacy vs . Intellectual Property by NoSuchGuy · · Score: 2, Insightful

    because it is so hard to put a price on an abstract concept such as privacy or to prove damages in absence of others' misuse of that data.

    What about Intellectual Property and Copyright?

    The RIAA bills you $150.000 a song by distribution via Kazza

    SCO belives that they have such an abstract thing as Intellectual Property of the Linux kernel because they granted some companies (IBM) access to source code...

    As mentioned above about my private data: If it can be sold, it has value!

    NoSuchGuy

    --
    Grundgesetz * 23. Mai 1949 - 30. November 2007 - http://www.vorratsdatenspeicherung.de/
  40. way wrong! by Anonymous Coward · · Score: 0

    Just because privacy can be taken away doesn't mean it's a privilege. Liberty can be taken away, too, yet we regard liberty as a right.

    Rights are things we inherently have unless they are denied us. Privileges we inherently do not have unless they are granted to us. Privacy is a right.

  41. Privacy IP by Anonymous Coward · · Score: 0

    So all the people who claim IP (music, code, movies) "wants to be free" should have no problem publishing their info to the web. It's just information, after all. You haven't lost any property, right?

  42. Re:Constitutional Right? --- thank you! by nudicle · · Score: 1
    this post should be +5 Informative.

    For all the ranting about /. readers "rights to privacy," which are clearly deeply felt, it's not clear where in the Constitution such a right comes from.

    Go and read Griswold v. Connecticut, 381 U.S. 479 (1965) to see just what hoops the SCOTUS had to jump through in order to find a "privacy" right sufficient to protect married couples using contraception.

    Read the whole thing and in Justice Black's dissent you'll find the following language: One of the most effective ways of diluting or expanding a constitutionally guaranteed right is to substitute for the crucial word or words of a constitutional guarantee another word or words, more or less flexible and more or less restricted in meaning. This fact is well illustrated by the use of the term "right of privacy" as a comprehensive substitute for the Fourth Amendment's guarantee against "unreasonable searches and seizures." "Privacy" is a broad, abstract and ambiguous concept which can easily be shrunken in meaning but which can also, on the other hand, easily be interpreted as a constitutional ban against many things other than searches and seizures. I have expressed the view many times that First Amendment freedoms, for example, have suffered from a failure of the courts to stick to the simple language of the First Amendment in construing it, instead of invoking multitudes of words substituted for those the Framers used. See, e.g., New York Times Co. v. Sullivan, 376 U.S. 254 , 293 (concurring opinion); cases collected in City of El Paso v. Simmons, 379 U.S. 497, 517, n. 1 (dissenting opinion); Black, The Bill of Rights, 35 N.Y.U.L.Rev. 865. For these reasons, I get nowhere in this case by talk about a constitutional "right of privacy" as an emanation from [p*510] one or more constitutional provisions. [n1] I like my privacy as well as the next one, but I am nevertheless compelled to admit that government has a right to. invade it unless prohibited by some specific constitutional provision. For these reasons, I cannot agree with the Court's judgment and the reasons it gives for holding this Connecticut law unconstitutional.

    Justice Black lost that argument, of course, but the decision was narrow in scope and the "right to privacy" is STILL hotly contested. See Lawrence v. Texas from earlier this year, among a crapload of other cases implicating it.

    If you read the majority opinion carefully you'll see that the right is derived from "penumbras" and "emanations" in our Constitution. That is, shall we say, not the most concrete ground for privacy rights to rest.

    I realize that the idea that there is not a fundamental, clear, and general right to privacy in our constitution many of you guys think is a severe affront. And I'm with you. But making conclusory "there IS a right to privacy because it's important to me and ... umm .. stuff about searches and seizures and other unspecified rights that can't be taken away which must include privacy as i'm defining it because i say so and .. oh yeah .. it's really important to me" statements isn't helpful. It's understandable, mind you, but the Supreme Court is going to have more sophisticated stuff on its collective mind.

    (which is not to say that making the argument, if you could show it, that the framers would clearly have supported such a privacy right and indeed it was intended to be understood as part of the guarantees in the Constitution would be a bad argument just because it's not "sophisticated" ... it's just that's not nearly the whole story about what's going to go on in real life.

  43. Re:Constitutional Right? --- thank you! by nudicle · · Score: 1

    um, when I wrote "this post should be +5 Informative." at the top of the above post I was refering to the parent and wasn't planning on writing the long post that appears below .... the first line of my post was not intended to announce to the /. world that my thoughts self-evidently deserve +5 moderation. :)

  44. fast forward by Lord_Dweomer · · Score: 2, Interesting
    Ok, lets take a hypothetical situation here. Lets say 5 years from now this sort of thing is actually in place, where we get compensated when our privacy is abused. Big companies will obviously be hurt the most because they will be most visible. But what happens when they end up making a deal with some "third party affiliate" who has no such restrictions, or who accidentally leaks your information overseas, where there is no such compensation? And what happens if those overseas people sell the information back to the big corporations? I mean, they can claim they got the information from someone who claims you opted in, yet they're overseas so there's nothing that can be done about it.

    --
    Buy Steampunk Clothing Online!
  45. Re:Privacy Act only applies to use by the Governme by Anonymous Coward · · Score: 0

    More and more companies are asking for your SSN so they can run credit checks on you. Apparently if you have bad credit they'll believe you're a bigger risk for theft. I'm glad I work for myself.

  46. Re:Constitutional Right? --- thank you! by Anonymous Coward · · Score: 0

    Does anyone else automatically think SCROTUM everytime they see the stupid acronym SCOTUS?

  47. Copyright by Anonymous Coward · · Score: 0

    I've been told by a friend of a friend (the most reliable source of information, I know) that to evade and disuade most physical spam she copyrighted her name, phone number, home address, etc, and then replied to all mail spam that they were infringing on her copyright and they must cease and desist or pay up. The story goes that they obliged and she doesn't get credit card applications or phone offers in the mail anymore.

    If this is true (and legal) I would think this would definately apply to your SSN. Especially since it's unique, you could easily register it as original. This would make it easy to collect damages and assign a value to it as your SSN should only be used by the people you give it to.

    I know there are probably giant leaps of faith and hope in this idea, but it's a thought :)

    1. Re:Copyright by Darth_brooks · · Score: 1

      If this is true (and legal) I would think this would definately apply to your SSN. Especially since it's unique, you could easily register it as original. This would make it easy to collect damages and assign a value to it as your SSN should only be used by the people you give it to.


      You cannot file a copyright or trade mark on a number, per se.

      Lets look a Nascar Legend and merchandising powerhouse Dale Earnhardt. He (well, his company, DEI) does not hold a copyright on the number 3. instead they happen to hold a copyright on a number 3 that is in that particular style.

      Otherwise, what's keeping me from filing a copyright on all integers and decimals and suing the entire western world?

      --
      There are some people that if they don't know, you can't tell 'em.
    2. Re:Copyright by Anonymous Coward · · Score: 0

      There are an infinite number of numbers.

  48. Privacy - what I think the real problem is... by jrpascucci · · Score: 1

    The fact that someone has some bit of information about you isn't usually a problem.

    The problem is that that bit of information which is uniquely identifiable to you, is being moved around without your knowledge, to third parties.

    Take a (fake) example: I own a pair of black size 13 Bruno Magli shoes with RFID#112512214412211 in them. Anyone who can look at me can know I own a pair of this kind of shoes. Anyone who can get a few feet from me can tell that I have that one specific pair of shoes. But you have to hook that piece of information (these shoes were at this place at this time) to another piece of information (the mapping of the RFID# -> the store where I bought them->my Visa Card#) in order to violate my privacy. And once you bring those two things together, violate it you do.

    Another way to think about is that people are really talking about you behind your back, and nobody likes that. Nothing good comes from gossip.

    The only real way to fix this is with a constitutional amendment - freedom of speech and the press trumps it.

  49. Michael Jackson's Privacy by tekrat · · Score: 2, Interesting

    So, lemme get this straight.... If someone publishes personal information illegally, the most a person can sue for is $1000, *and* they have to prove damages?

    Well, so that means that if someone were to publish Michael Jackson's personal info, or Carmen Electra's home telephone number, or President Bush's cell phone, the most that any of those celebrities could get is $1000?

    I think not.

    So, *why* is Michael Jackson's right to privacy more valuable than mine? Or is this yet another issue where the rich are protected by law, but the common citizens are not protected by law?

    I think there's a huge double standard going on here, particulary if the RIAA can claim millions of dollars of damages per song, but I can't claim millions of dollars of damages when TRW sells my credit history to a telemarketer.

    I think there's a huge double standard going on here, if celebrities can sue for privacy, but the average joe cannot.

    --
    If telephones are outlawed, then only outlaws will have telephones.
  50. U.S. employers require your SSN for tax purposes by tepples · · Score: 1

    If you refuse to give your SSN to employers, no employer in the United States will hire you. The IRS uses your SSN as a taxpayer ID, and employers need this in order to file tax paperwork.

  51. The Supreme Court has read a right to privacy ... by triclipse · · Score: 1
    ... into the 14th Amendment of the Constitution. Modernly, it was recognized by a right to possess pornography within one's home, to use contraceptives, and more sharply, the right to engage in homosexual activity, state statutes to the contrary notwithstanding. These decisions were all based on an implicit recognition of a right to privacy.

    It may not say the word "privacy" in the Constitution, but if the Supreme Court finds a right there anyway, it might as well say it...

    --
    No Inflation Taxation without Representation
  52. Privacy as intellectual property by Jerf · · Score: 1

    I believe privacy-sensitive information should be treated as a form of intellectual property; it's the only thing that makes sense.

    (Sure, I could copy and paste it, but Slashdot would probably get annoyed at the length.)

  53. Re:hmmm by Anonymous Coward · · Score: 0

    To summarize, if the bitch is ugly, shut your eyes and think of Heidi Klum.

  54. Re:U.S. employers require your SSN for tax purpose by FredGray · · Score: 1
    If you refuse to give your SSN to employers, no employer in the United States will hire you. The IRS uses your SSN as a taxpayer ID, and employers need this in order to file tax paperwork.

    Sure, but that's after they've agreed to hire you, not before. It sounds like AT&T wanted this person's SSN as a part of the job application process, which does seem kind of odd to me.

  55. Re:Privacy Act only applies to use by the Governme by anethema · · Score: 1

    Correct me if im wrong, but its not illegal or anything to not even get a SSN ? What happens in this case? I didnt get mine untill i was like 18. Since its legal to not own it, shouldnt it be not legal for people to force you to give it ?

    I really am asking here,not offering a point..i want input :)

    --


    It's easier to fight for one's principles than to live up to them.
  56. Re:U.S. employers require your SSN for tax purpose by ChrisKnight · · Score: 1

    I refuse to give my SSN in order to get an interview. I will gladly fill out a W-4 form, including SSN, once they have agreed to hire me.

    -Chris

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    -- This sig is only a test. If this were a real sig it would say something witty. --