In response to government surveillance or massive data gathering, many people say that there’s nothing to worry about. “I’ve got nothing to hide,” they declare. “The only people who should worry are those who are doing something immoral or illegal.”
The nothing-to-hide argument is ubiquitous. This is why I wrote an essay about it 10 years ago called “I’ve Got Nothing to Hide,” and Other Misunderstandings of Privacy, 44 San Diego Law Review 745 (2007). It was a short law review piece, one that I thought would be read by only a few people. But to my surprise, this essay really resonated with many people, and it received an unusually high number of downloads for a law review essay. I later expanded the ideas in the essay into a book: Nothing to Hide: The False Tradeoff Between Privacy and Security (Yale University Press 2011).
This year is the 10th anniversary of the piece. A lot has happened between then and now. Not too long before I wrote my essay, there were revelations of illegal NSA surveillance. A significant percentage of the public supported the NSA surveillance, and the nothing-to-hide argument was trotted out again and again. This was the climate in which I wrote the essay.
Later on, in 2013, Edward Snowden revealed that the NSA was engaging in extensive surveillance far beyond its legal authority. Snowden declared: “Arguing that you don’t care about the right to privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say.” This time, there was a significantly large percentage of the public that didn’t side with the NSA but instead demanded scrutiny and accountability.
Nevertheless, the nothing-to-hide argument is far from vanquished. There will always be a need for citizens to demand accountability and oversight of government surveillance, or else we will gradually slide into a more dystopian world.
Here are a few short excerpts from my nothing-to-hide essay:
I’ve long been saying that privacy need not be sacrificed for security, and it makes me delighted to see that public attitudes are aligning with this view. A Pew survey revealed that a “majority of Americans (54%) disapprove of the U.S. government’s collection of telephone and internet data as part of anti-terrorism efforts.” The anti-NSA surveillance sentiment is even stronger in other countries, as is shown in this chart below.
According to the survey, “74% said they should not give up privacy and freedom for the sake of safety, while just 22% said the opposite.”
As I wrote in my book, Nothing to Hide: The False Tradeoff Between Privacy and Security (Yale U. Press 2011):
The debate between privacy and security has been framed incorrectly, with the tradeoff between these values understood as an all-or-nothing proposition. But protecting privacy need not be fatal to security measures; it merely demands oversight and regulation.
By Daniel J. Solove
In a profound ruling with enormous implications,the European Court of Justice (ECJ) has declared the Safe Harbor Arrangement to be invalid.
[Press Release] [Opinion]
The Safe Harbor Arrangement
The Safe Harbor Arrangement has been in place since 2000, and it is a central means by which data about EU citizens can be transferred to companies in the US. Under the EU Data Protection Directive, data can only be transferred to countries with an “adequate level of protection” of personal data. The EU has not deemed the US to provide an adequate level of protection, so Safe Harbor was created as a work around.
By Daniel Solove
I previously shared 5 of my favorite novels about privacy and security, and I’d now like to share 6 of my favorite films about these topics — because I just couldn’t whittle the list down to 5.
I was thinking about my favorite films because I’ve been putting together a session at my Privacy+Security Forum event next month — the “Privacy and Security Film and TV Club” — where a group of experts will share their favorite films and TV series that have privacy and security themes.
Without further ado, here are my film choices:
By Daniel J. Solove
The U.S. Court of Appeals for the 2nd Circuit just issued a 97-page ruling limiting the NSA’s power to sweep up data about people’s phone calls. The case is ACLU v. Clapper, and the court held that the USA Patriot Act Section 215 doesn’t authorize the kind of sweeping collection of phone call metadata that the NSA has been engaging in. The court’s holding is limited to statutory interpretation — the scope of data collection authorized by Section 215. The court doesn’t base its holding on the Fourth Amendment, though it does note the uncertain status of current Fourth Amendment law.
The bottom line is that the NSA has been gathering a lot more data than it has been authorized to gather.
By Daniel J. Solove and Paul M. Schwartz
This post is co-authored with Professor Paul M. Schwartz.
This post is part of a post series where we round up some of the interesting news and resources we’re finding.
For a PDF version of this post, and for archived issues of previous posts, click here.
by Daniel J. Solove
I recently had the opportunity to interview Christopher Kuner, Senior Of Counsel with Wilson Sonsini Goodrich & Rosati in Brussels. He is also an Honorary Professor at the University of Copenhagen, a visiting fellow at the London School of Economics, and teaches at the University of Cambridge. He is editor-in-chief of the law journal International Data Privacy Law, and has been active in international organizations such as the Council of Europe, the OECD, and UNCITRAL. His book entitled “Transborder Data Flows and Data Privacy Law” was published in 2013 by Oxford University Press. More information is available at his personal web site.
The 9th Circuit has decided a pair of cases involving the NSA Surveillance Program.
In Jewel v. NSA, the 9th Circuit concluded that plaintiffs had standing to raise constitutional challenges against NSA telephone surveillance:
A while back, it was reported that the Bush Administration authorized the NSA to engage in warrantless wiretapping. Based on the information released so far, the program was likely illegal. Now, it appears that the warrantless wiretapping program (more innocuously renamed the “Terrorist Surveillance Program,” or “TSP”) is just the tip of a larger iceberg.
ABC News reports about a new scandal arising out of the NSA Surveillance Program:
Despite pledges by President George W. Bush and American intelligence officials to the contrary, hundreds of US citizens overseas have been eavesdropped on as they called friends and family back home, according to two former military intercept operators who worked at the giant National Security Agency (NSA) center in Fort Gordon, Georgia.