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."
A few examples (first three are a bit tongue-in-cheek):
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.".
Pull down your pants.
IF you enjoy your privacy with "nothing to hide" but generally just like being a hermit of sorts, or just living your life without a bunch of statistics attached to you, that should be reason enough. As an American isn't it a right not to be forced into situations that would divulge information about ourselves? Not because "there's something to hide" just that a person man want to live a peaceful life without numbers, statistics, and data mining attacking your personal peace.
Would you want the used car salesman to know what's in your bank account?
Oh, I'm sorry sir, I thought you were referring to me, Mr. Wensleydale.
I have always taken the stance of: "If I have done nothing wrong why do I not deserve the right of privacy?"
the jews. They had nothing to hide at all.
"So why are you wearing clothes?"
Off-hand, the main problem with that argument is that it assumes that legal behavior and ethical/moral behavior are exactly the same.
If the government is watching, they are obviously looking for anything they don't like. This could be generally illegal behavior, or behavior that is threatening to the continued operation of that institution.
In either case, if you accept monitoring because "you have nothing to hide" you assume that the standards of what should be allowed and whether the institution should continue to exist should rest with the government. To put it another way, you assume they have perfect judgement in regard to what should be happening in regard to monitored behavior of citizens.
So (for example), maybe the government should be overthrown (because it does some badness such that it deserves to be disolved). Obviously any existing government that needs to be overthrown isn't going to support that notion. By targeting the government's ability to monitor, we better allow for the possibility that a government that is no longer serving the needs of its people might get overthrown (I'm assuming, for the purposes of this example, that "being overthrown" is probably necessary on some regular basis).
A modern day witchhunt.
All attractive people *should* be legally required to stay naked on warm days because they have nothing to hide.
...is given to the bad cops too.
Who says you have to be doing something illegal to be persecuted? So to answer the question "I've got nothing to hide" my response would be "Don't worry, they'll find something."
"The right of the people to be secure in their person, houses, papers and effects, against unreasonable searches and seizures, shall not be violated."
In the US, this is the foundation of privacy. It is a mandate to those who govern from the people who allow them to govern. If you really need to ask why, your ignorance of history is so staggeringly complete that it can only be attributed to being negligently willful.
If the government has not done any illegal spying on US citizens, why must the records remain sealed?
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 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.
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
FLR
...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.
Do not look into laser with remaining eye.
If you've got nothing to hide, then you won't mind taking off your clothes for me.
Don't know about how well it works in a realm of debate and discourse, but so far it hasn't gotten me anything but slapped in the singles bars.
09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
you have nothing to hide doesn't mean something can't get used against you in the future. People who say that "they have nothing to hide" either they are lying or don't think about what they are saying. Laws can change and laws are different in every state, in every country, and in every situation. Just saying that you have nothing to hide doesn't mean that it can't be used against you 40 years from now. Take a look at celebs and politicians. People dig and dig until they find something that is controversial and that can be used against them even though they did it 10-20+ years ago.
I am sorry but the least people know about me the better. I don't want people knowing everything I do or don't do. I don't want the government to use whatever data mining they have gathered about me and use that later. We can't stop terrorists by data mining. We can't stop terrorism because it is abstract. Start taking away any more freedoms in America it will start pissing more people off and homebrew terrorism will start happening.
Unless we can make the government completely crystal clear and see exactly what they do behind closed doors...they aren't welcomed into mine.
Who knew that minority report could feel so real these days. Americans could care less about these topics. As long as they have American Idol and entertainment...they could care less about our government and our freedoms. One of the best quotes from a movie and it holds true today.
Gracchus: Fear and wonder, a powerful combination.
Gaius: You really think people are going to be seduced by that?
Gracchus: I think he knows what Rome is. Rome is the mob. Conjure magic for them and they'll be distracted. Take away their freedom and still they'll roar. The beating heart of Rome is not the marble of the senate, it's the sand of the coliseum. He'll bring them death - and they will love him for it.
-gladiator
Identity Theft. EVERYONE has something to hide. The fewer people that have access to your private information, the harder it is for people to steal from you.
The more people, even people working for the government, that have access to your information, the easier it is for you to be turned into a victim. And in the case of things like identity theft, the less you THINK you have to hide, the more attractive of a target you probably are. (Upstanding citizens probably have good credit to exploit.)
paintball
Well, I downloaded the PDF and waded my way through the turgid prose. The sad truth is that the subject is very interesting and timely. Unfortunately, the author really has nothing insightful to say on the subject. The 25 pages of text are clunky and directly focused on academic publication. He writes a great deal, but doesn't SAY anything. How can he say so little with so many words?
The only thing that I took from his publication is that he doesn't like the Bush Administration. That's fine with me; everyone is entitled to his own opinion. My problem is that this issue as such is far greater than any current administration. It's one of the fundamental questions about the relationship between the individual and the state, and deserves to be treated as an issue of profound significance.
If this is the best justification of our right to privacy, then we're in serious trouble.
"Man is nothing without the works of man" -- Helvetius
And for those who don't like Rand, how about this quote, from a guy who preceded Rand by 17 years, and just might have been qualified to have an opinion on jurisprudence, seeing as how it was his entire career and stuff.
If a right of privacy is obsolete because technology allows listening from a distance, than a right to life was made obsolete years ago because high-powered rifles can kill you from a distance.
It would be very foolish to abandon a right every time a technology makes it more difficult to protect.
"Privacy is a responsibility... viewing it as a right only puts you at a disadvantage"
When we talk about our "Rights" in terms of those inalienable freedoms that our Constitutional Republic is founded on, we are specifically talking about prohibitions on the GOVERNMENT. Technology does not render our Rights "obsolete". Just because the government "can" spy on us doesn't mean that we have to give them permission to do it.
"Privacy" is my responsibility in the sense that I need to take certain precautions to protect things like my personal financial information, or trade secrets that I don't want to share with competitors. Privacy is my RIGHT, in the sense that I should NOT need to protect myself against unwarranted government snooping.
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.
It is pitch black. You are likely to be eaten by a grue.
So, let's see if I understand the privacy argument. One don't deserve privacy if one has something to hide and one shouldn't care about loss of privacy if one has nothing to hide. Is that right?
Therefor the Bush Administration's refusal to allow staffers to testify to congress regarding the Justice Department purge proves that they do have something to hide.
Nate
The entire concept of privacy is based around concealing "wrongs"
Like fucking, for instance. Everyone knows that fucking is wrong, yet we keep doing it. We damned sure don't want our children to know about fucking; and we do what we can to conceal it from them. We ought to plant cameras in everyone's homes to make sure that they don't fuck. All these fucking people should be shot --- evil, sinning bastards.
Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
Shouldn't the same logic apply to the government? Why is it ok for the feds to make everything secret? They must be doing illegal things to justify their instance on secrecy for official proceedings. If I have no right to privacy, why do they?
"-1 Troll" is the apparently the same as "-1 I disagree with you."
It could be people listening in on your phone calls.
It could be people working to ruin your reputation or to spoil a relationship you have with somebody, by selectively chosen but roughly true stories (false light).
It could be somebody secretly watching you.
It could be somebody openly dogging you as you go from public place to public place.
It could be somebody looking over your shoulder as you conduct a bank transaction.
It could be your neighbor's spotlight shining in your bedroom window at 3AM.
It could be somebody failing to uphold a responsibility they have to treat information they hold about you in confidence.
After years of thinking about this, I have come to this conclusion: all these things are in one way or another crimes against autonomy. Even the neighbor's spotlight it a crime against your right to direct your own attention. As a result, I came up with this definition (which I describe further in a blog entry):
This covers an important point: privacy is not just about being "left alone". It is about being able to engage with others without third parties (like the government, your boss, or your next door neighbor) sticking their nose in where it doesn't belong.
So, the idea behind "You have nothing to hide" is really much, much more sinister than it sounds. It implies, in effect, that you are nobody, at least when it comes to making decisions for yourself. It is not for anybody else to decide what you should or should not hide.
Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
See how you feel if you imagine they put your name on such a list.
A few year back or so this teenager was put on a sexual offender registry in, I believe it was Gainsville, FL, something about him "exposing himself indecently" or some such and because the hassazment he went through he eventually killed himself.
The constitution offers the means to make changes; but this is not convenient enough, and so we are faced on all sides with unconstitutional law, and told that it'll all be worked out in court if necessary, and in the meantime, comply or face the music.
Ah but a couple of those methods used in court, Fully Informed Jury and jury nullification, the courts try to prevent. Even though they were used by Founding Fathers of the USA. Jurors are told they can't look up or investigate themself and if they do they can be disqualified from the jury. And judges tell jurors they must just make a ruling on the facts of the case, they're not supposed to decide if a law is unconstitutional nor are they able to follow their conciousness. Personally I've been called for jury duty twice, hoping to get selected as a juror for a drug trial, so I could vote "not guilty" saying drug laws are unconstitutional. However neither tyme was I even called up for questioning.
FalconShould there be a Law?
Newsgroups: alt.privacy.clipper,sci.crypt
Subject: A Parable.
References: <1993Apr20.013747.4122@cs.sfu.ca> <1993Apr21.210353.15305@microsoft.com>
Distribution: usa
Organization: Partnership for an America Free Drug
scottmi@microsoft.com (Scott Miller (TechCom)) writes:
>Stikes me that all this concern over the government's ability
>to eavesdrop is a little overblown... what can't they do today?
>My understanding is that they already can tap, listen, get access
>exc. to our phone lines, bank records, etc. etc again.
Well, they can't listen in on much of mine, since I already use
cryptography for much of my electronic mail, and will start using it
for my telephony as soon as practical.
However, allow me to tell a parable.
There was once a far away land called Ruritania, and in Ruritania
there was a strange phenonmenon -- all the trees that grew in
Ruritainia were transparent. Now, in the days when people had lived in
mud huts, this had not been a problem, but now high-tech wood
technology had been developed, and in the new age of wood, everyone in
Ruritania found that their homes were all 100% see through. Now, until
this point, no one ever thought of allowing the police to spy on
someone's home, but the new technology made this tempting. This being
a civilized country, however, warrants were required to use binoculars
and watch someone in their home. The police, taking advantage of this,
would get warrants to use binoculars and peer in to see what was going
on. Occassionally, they would use binoculars without a warrant, but
everyone pretended that this didn't happen.
One day, a smart man invented paint -- and if you painted your house,
suddenly the police couldn't watch all your actions at will. Things
would go back to the way they were in the old age -- completely
private.
Indignant, the state decided to try to require that all homes have
video cameras installed in every nook and cranny. "After all", they
said, "with this new development crime could run rampant. Installing
video cameras doesn't mean that the police get any new capability --
they are just keeping the old one."
A wise man pointed out that citizens were not obligated to make the
lives of the police easy, that the police had survived all through the
mud hut age without being able to watch the citizens at will, and that
Ruritania was a civilized country where not everything that was
expedient was permitted. For instance, in a neighboring country, it
had been discovered that torture was an extremely effective way to
solve crimes. Ruritania had banned this practice in spite of its
expedience. Indeed, "why have warrants at all", he asked, "if we are
interested only in expedience?"
A famous paint technologist, Dorothy Quisling, intervened however. She
noted that people might take photographs of children masturbating
should the new paint technology be widely deployed without safeguards,
and the law was passed.
Soon it was discovered that some citizens would cover their mouths
while speaking to each other, thus preventing the police from reading
their lips through the video cameras. This had to be prevented, the
police said. After all, it was preventing them from conducting their
lawful surveilance. The wise man pointed out that the police had never
before been allowed to listen in on people's homes, but Dorothy
Quisling pointed out that people might use this new invention of
covering their mouths with veils to discuss the kidnapping and
mutilation of children. No one in the legislature wanted to be accused
of being in favor of mutilating children, but then again, no one
wanted to interfere in people's rights to wear what they liked, so a
compromise was reached whereby all homes were installed with
microphones in each room to accompany the video cameras. The wise man
lamented few if any child mutilations had ever been solv
1) Your analysis is based on bad assumptions so your result is way off. 2) You're a sick bastard for fucking a horse.
...where you take what someone says, apply their words to a slightly different context, then make something that was said in innocence into something that is socially embarrassing? I've played both sides of that game from the time I was a teenager, and when you are just goofing off with friends, it's all in fun. Someone turns red and gets flustered, then everything they say to clear up what they really meant only digs the hole deeper.
We've all played that game, and we all know how easy it can be to string someone up with their own words when the context has been subtlety altered. Now imagine that it's not your friends trying to embarrass you for fun, but it's a prosecutor and he's trying to send you to the deepest, darkest hole he can find. What you said and what you did that got recorded in some computer database may be perfectly innocent, but that doesn't mean someone sufficiently motivated -- or paranoid -- can't twist your actions into something that appears very sinister to twelve of your peers. *That's* why privacy is important.
MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
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.
Knowing Google's lust for data collection, the Soviet Union is still alive and well inside the psyche of Sergey Brin....
The Thought Police only arrest those devious perpetrators of thoughtcrime. Therefore you have nothing to worry about. Those guilty of thoughtcrime will be rehabilitated in room 101.
Doubleplusgood duckspeaking:
* WAR IS PEACE
* FREEDOM IS SLAVERY
* IGNORANCE IS STRENGTH
And now for something completely different: Big brother comedy!
http://www.youtube.com/watch?v=YYQKDqjCEBQ
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.
No, you pull down THEIR pants.
... at this point she stopped arguing.
This whole question to me can be summed up in a single 15 minute debate I had in an ethics class years ago. One of the (female) students was arguing that surveillance cameras all over public places were a very good thing, because they could help prevent (or at least prosecute) rape/assault.
When I pointed out to her that she is many more times as likely to be assaulted/raped by her boyfriend/husband, and then asked her if it wouldn't make more sense to put a camera in her bedroom. I then asked if we should have the police monitoring her daughter 24/7, especially in their beds and in the bathroom, because again, they're far more likely to be abused by a family member (and in such private places as that)
Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.