Privacy and the "Nothing To Hide" Argument

privacyprof writes "One of the most common responses of those unconcerned about government surveillance or privacy invasions is 'I've got nothing to hide.' According to the 'nothing to hide' argument, there is no threat to privacy unless the government uncovers unlawful activity, in which case a person has no legitimate justification to claim that it remain private. The 'nothing to hide' argument is quite prevalent. Is there a way to respond to this argument that would really register with people in the general public? In a short essay, 'I've Got Nothing to Hide' and Other Misunderstandings of Privacy, Professor Daniel Solove takes on the 'nothing to hide' argument and exposes its faulty underpinnings." At the base of the fallacy, as Bruce Schneier has noted, is the "faulty premise that privacy is about hiding a wrong."

Comments

Wired: The Eternal Value of Privacy

[thesolo]

Wired has already answered this question extremely well.

A few examples (first three are a bit tongue-in-cheek):

• If I'm not doing anything wrong, then you have no cause to watch me.
• Because the government gets to define what's wrong, and they keep changing the definition.
• Because you might do something wrong with my information.
• Who watches the watchers?
• Absolute power corrupts absolutely.

Or, perhaps a bit more plainly, "Privacy protects us from abuses by those in power, even if we're doing nothing wrong at the time of surveillance.".

Re:Wired: The Eternal Value of Privacy

[Normal Dan]

Because the government gets to define what's wrong, and they keep changing the definition. I think this is a very good argument. You might not have something to hide now, but in the future you might. The government changes and one day you might not like the change. By then it may be too late. Suppose they raise taxes to 90%. What can you do? Protest? Suppose they declare protesting to be a terrorist act? You might argue they cannot do that due to the constitution, but terrorists are not protected by the constitution. Etc.

Re:Wired: The Eternal Value of Privacy

[StewedSquirrel]

Agreed, wholeheartedly.

Another example may be the retroactive increases to the statute of limitations.

There was a man tried and convicted due to recorded confessions he made AFTER the statute of limitations had run out. Because of his confessions, the legislator moved to increase the statute of limitations RETROACTIVELY, and therefore, he was arrested, and convicted of the crime he admitted to having committed.

I heard a number of people cheering this action, but I couldn't help but see yet another erosion in the freedoms that made the US an example to the world.

Stewed

Re:Wired: The Eternal Value of Privacy

[jafac]

You can go back to the wiretapping of Dr. King.
Or you can go back to Nixon's abuses; the reason why the rubber-stamp FISA court was created (that Bush ignores).

Or you can listen to the rhetoric from the right that; people arguing against wiretapping, etc. are guilty of "pre-9/11 thinking". To wit: those people are guilty of pre-1776 thinking. Uncontrolled government surveillance was one of King George III's specialties. No, he didn't have anything like listening devices, or special recording switches sitting at internet routing offices. He had gangs of thugs, called "redcoats" who could enter your home, and take whatever they liked, and charge you with treason if you were friends with guys like Ben Franklin, George Washington, Thomas Jefferson, et. al. No trial was necessary, and you couldn't demand to see the evidence against you in order to contest it. Frankly, it's why we have a Declaration of Independence, a Constitution, and a Bill of Rights (particularly the 4th Amendment) in the first place. Anyone who forgets these lessons, really ought not be talking about how to best govern this country. They're free to do so; which is a good thing, because those of us who ARE familliar with American history, can readily identify the morons as soon as they open their mouths.

Re:Wired: The Eternal Value of Privacy

[hey!]

Solove.. Solove... I remember this guy.

A few years ago, he proposed a pretty damned good set of statutory reforms that would make it possible for private individuals to sue when their privacy was violated. Basically he proposed setting modest standard dollar figure on damages from improper disclosures that lead to things like ID theft. Prior to that, you couldn't sue to recover costs from the rigamarole these data flubs put you through because although clearly they damage you, nobody could put a dollar figure on the amount of that damage. Without that "per se" damage figure, none of your other costs were recoverable.

This was a pretty good idea, because the basic stance of US law since the 1970s is that it is not up to the Government to fix things if somebody violates your privacy, except in a few egregious special cases. The explicit philosophy since the 1973 HEW Report on data privacy is that it's up to you to bring the malefactors to account, and the only way to do that is by suing. Since you can't sue if the initial crime doesn't have dollars attached to it, you're SOL.

This guy is worth listening to, I think.

Re:Wired: The Eternal Value of Privacy

[cduffy]

A few years back, we had another simpering wimp... He was so focused on being a "man of peace", that it became a weapon that was used against him and the entire US.

I'll thank you to back up that assertion. Prior to 9/11, Bush was doing less to combat terrorism than Clinton had before him -- despite Clinton warning him at the exit interview that he considered al-Qaida to be the most serious national security threat facing the county at that time.

Do you really want to be represented by a brawling frat boy? Frat boys make enemies unnecessarily -- but hatreds between distant peoples are not so easily healed as those between individuals, and a mistake made now can result in a country which is still our foe fifty years later. Far better to absorb some blows and mete out a measured and effective response than to flail around wildly, trampling over one's stated values and destroying a reputation which has taken centuries to build.

Roosevelt had it right -- walk softly, and carry a big stick. Walking softly in the world of international politics is something done by a statesman, not a frat boy; deciding wisely when to wield the stick, the same.

Re:Wired: The Eternal Value of Privacy

[ShieldW0lf]

Privacy is only a way to protect you IF THE DATA ISN'T COLLECTED AT ALL.

Having the government keep it under wraps doesn't mean you have privacy.

It means that you are easily isolated.

If everyone is smoking pot, and the government knows through their surveillance who is smoking pot, but for reasons of privacy they do not disclose what they know to the general population, then any time they want to take you in, they can just grab you up, and you will stand alone.

That's what this is all about.

1) Make so many laws that everyone is guilty of something.
2) Convince everyone that it's better to keep things private.
3) Keep watching all the people and correlating data, but keep what you find secret.
4) Now everyone is isolated with their guilt, just like everyone else.
5) Now you can then selectively enforce the laws against those who threaten your power.


This is how totalitarian states are assembled.

Now, you may be a believer in privacy. Personally, I am not.

But if you are going to support privacy, be practical about it. Demand that the data not be collected at all in those cases where it hasn't already being collected, and demand enough transparency of process that you can know absolutely that it never is.

Don't, however, be idealistic about it and let the governments and corporations keep all the secrets they've already collected.

If you've already been caught doing something that is technically illegal, and the proof is in some government database somewhere, which would you rather?

a) Over 50% of the population is also technically guilty of the same thing that you're being judged for doing, but no one outside government offices knows that.

b) Over 50% of the population is also technically guilty of the same thing that you're being judged for doing, and everyone knows that.

Be specific about what you support, and don't be led to think that keeping it as a government secret now that it's too little too late is actually giving you any privacy or security. Because it isn't.

Bargaining

[LeadSongDog]

Would you want the used car salesman to know what's in your bank account?

Flip Side

[Cytlid]

I think the biggest argument *for* "I've got nothing to hide" is the fact that plenty of people will partake in illegal activity if they think noone is watching. I hate to say it, but I think it's a minor part of human nature.

I call it the halo effect. Watch it, next time your driving. People cut you off, don't use their turn signals, speed, basically drive like idiots. Place a patrol car in the mix, (in fact the second it comes into sight of any of the aforementioned asshole drivers) and suddenly, without warning, little halos appear over every car and everyone is just a cute little perfect driver doing what they're supposed to.

I love making the analogy of drivers to general society because it allows you to observe people acting privately in a public place. The isolation of the driver from everyone else (aka no real communication) gives this sense of "tunnel vision" where basically people drive as if they're the only ones on the road at all, and somehow the other cars are not really people but automatons just getting in the way.

So the major premise of the "I've got nothing to hide" crowd, is that plenty of people do, and the ones that squirm in their seats are usually the ones who just might ...

I'm all for privacy, and don't want too much of my rights eroded away, but honestly, I really don't have anything to hide. I think it's the level of monitoring or whatnot that scares people.

I didn't read the essay. But I can imagine the guy is outraged at people's nonchalance. "I've got nothing to hide" may generally be perceived as "I don't care", and that's what the author is most likely trying to avoid.

Give me the middle ground ... I do care if you monitor me too much, but I also do care if you do the things like drive like an asshole when you think noone is looking. With the proper checks and balances, neither side will get overconfident.

Just follow them around recording them...

[TWX]

...and play back the tape on prime time TV. Or, just cut to the things that they really don't want, like picking wedgies, adjusting bra fitment, picking noses, kissing and getting touchy-feely, or parts where they did something mildly unethical, lewd, crass, rude, or some other behavior that would embarass them. Or just zoom in on women's low-cut tops and cleavage, or butts and "whale tail" thong sightings...

I guarantee that nearly everyone who saw such footage of themselves would be horrified beyond belief. When I was in high school I did a presentation on why video surveillance of innocent people was wrong. I hid a camera (which was very hard given the size of the average camcorder in 1995) in the classroom where it recorded, from a side vantage, my presentation and the class receiving the presentation unawares. I had the instructor's permission so that someone was aware of what I was doing. To underscore my point, to end my presentation I walked over, exposed the camera for the class, stopped the tape, took it out, and put it in the VCR, to play it for the class for a few minutes. The students, by and large, were irate. Even (maybe especially) those who were defending the position that surveillance was okay were mad. The principal received at least four telephone calls from angry parents, and several students complained quite angrily or tearfully to the teacher how what I did was wrong. There was no punitive action taken upon me (the Principal was very cool about some of this sort of thing), and the students learned a valuable lesson in privacy.

Re:Cut the cutsie sayings

[secPM_MS]

But this says nothing about monitoring a person's movements in public - where and when you go anywhere. Something that anybody in a public space can see is public. The lack of privacy in small towns is legendary - and not necesarily all bad. This issue is being framed as a governmental monitoring issue alone. This is an oversight. What if all the monitoring were publically available (say on the local cable network) so that you had to assume that everybody - the police, your family, your friends, and your minister could know where you went and what you did in public? Would that be better or worse? In some respects, that is what living in a small town still is. And a small town in Utah even more.

My take

[TheDarkener]

I've heard the "I have nothing to hide" response many times. Look at it from outside the box:

It all comes down to WHO has this information (and for what purposes). EXAMPLE: I, for one, have a big problem with public security cameras. Why? I really don't give a sh*t if everyone watches me walk/drive/ride my bike down the street. The problem I have is that EVERYBODY can't watch me, as I could them. A few "privileged" people can. That gives them a certain power over the general public, which is bad (IMHO).

But why? Who cares if some guy/gal can watch me and others can't? Well, the thing is, we're all human. We all have the same fallacies, including when we're given a certain amount of power over others, we tend to want to use it. Some might just laugh at people picking their nose at a stoplight, others might start noting when certain people go certain places. This creates a very dangerous situation. Certain people will have a lot of information about other peoples' lives, which makes me, anyway, very uncomfortable. What if I have an argument with someone in another car at a stoplight? What if that person is the security monitor's friend? What if that person asks the security monitor to find out where I go after 5:00pm every day, so he can meet me there to put a bullet in my head? That gives them unfair advantage, because I cannot do the same thing. They are monitoring my life, but I can't monitor theirs. It's unbalanced, and unfair.

I believe Google is a GOOD company. They collect information about EVERYONE and EVERYTHING available on the web and beyond - and they allow EVERYONE access to it, not just a few people who might get power trips and use the information to their advantage.

I have no problem with having cameras IN MY HOME, as long as EVERYONE ELSE does too, and it's all available online for anyone to view - no special privileges, no "Access denied", and let's take it a step further and allow you to see who's viewed your cam and at what time. That's not 1984, that's just using technology in a fair manner.

I also have a problem with Myspace and "Private" profiles. That is completely counter-productive for a social networking site. The point is to meet other people, find out about them, etc...but if their profile is set to private, you can't see but their default pic and their headline. That just makes other people want to retreat into "security" mode because it makes them think they should hide their information, too. Now, you don't have a social networking site - you have a bunch of people who have advantage over others, because they can see your info but you can't see theirs in exchange.

I have a Youtube profile (link in my sig). I upload vlogs about my personal beliefs, things in my life, etc. because I saw others who were open with themselves and felt like I could benefit from doing the same thing. And I did. I feel so good about being able to put myself up where ANYONE can see and hear me speak my mind - it's made me a much stronger (and open) person. It creates a stronger community, based on openness and equal power over information. I can watch other peoples' vlogs/videos, and see what kind of person they are too. I've made many friends over YT, and I encourage everyone here to consider vlogging.

Now if YT made people start paying for the privilege of uploading videos, that creates separation too. Not everyone has 20 bucks (or even 5 bucks) a month to spend on something like vlogging. It would allow a certain subset of "privileged" folks to express themselves, and others not. That's bad.

It's the same with software. We *all* know open-sourced software is good because it allows anyone to see how it ticks, and modify it for themselves. But take what Microsoft did with the BSD TCP/IP stack (under the BSD license) - they took the code for free, and made billions off of it, giving nothing back (AFAIK). It creates imbalance, and imbalance is bad.

You give what you take, and that makes the world thrive.

The Best Privacy Test.....

[IHC Navistar]

Being a Republican, I believe in a smaller government, and outright REFUSE to let someone compromise my rights to life, liberty, privacy, property, and pursuit of happiness. However, their are SOME "Republicans" who tend to think that being a Republican means a bigger Big Brother, and are starting to act in complete contradiction to what it truly means to be a Republican. Bush is a PRIME example.

SO, whenever someone counters my 'right to privacy' argument with "Well, what do YOU have to hide?", I always say:

"Absolutely nothing. Just because I don't want someone knowing everything about me and my habits doesn't mean that I have anything to hide.". Then I ask, "I'd like to look through your credit card statements, FasTrack statements, telephone records, bank records, internet records, computer hard drive, your house, your dresser, and the dog house. Will you let me?"

The response has ALWAYS been "No way. Why should I?"

To which I reply, "Well, what do YOU have to hide?"

I always get an irritated look after the final line. But it proves a point: Just because someone doesn't want you snooping through their life doesn't mean that they are hiding things.

It's the people doing the snooping that have things to hide.

Finally Someone Said It

[sherriw]

Every time I express indignation about the latest blow to our privacy by the US and/or Canadian government, nearly ALL my friends and family have that exact argument: "I'm not worried about it, I have nothing to hide."

It drives me crazy because it's NOT about whether you have some dirty little secret you want to hide. It's about freedom. That's what privacy really is. Freedom that we are supposed to be guaranteed under the Charter/Bill of Rights.

Given the track records of both the Canadian and American governments, do you really trust them with the power that this information gives them over your lives? It's not just about terrorists. In Canada, the health care system is publicly funded. So, what happens if data mining turns up some unhealthy habits- like say you order takeout every night, or that you engage in dangerous sports.

How many people make minor upgrades to their house or property without the proper permits? Underage drinking, failing to file 100% of your online or out of state/country purchases on your tax return, etc. Most people do some kind of softly-illegal thing that the government would love to know about. And since the MPAA has the government wrapped around their finger, how about they peak into your life too.

It may seem paranoid to list these things- but forget for a minute that the government can be corrupt sometimes. Imagine we have a perfect government. You still don't want them knowing everything about you- for the same reason that you don't live in a house with glass walls, and for the same reason you don't want your portable phone being picked up by your neighbour's baby-monitor. Privacy is important and precious. It deserves more than the apathetic attitude of "I have nothing to hide"... because anyone who says that is a fool or a liar.