Is Privacy a right or a privilege? https://www.rallypoint.com/answers/is-privacy-a-right-or-a-privilege <div class="images-v2-count-0"></div>Privacy and protecting information took on new meaning with the creation of the internet. Rights guaranteed in the Constitution and the Bill of Rights do not meet the requirements for protection in today&#39;s society. Laws are being created to protect the individual and to grant government the right to monitor and view details of our personal lives, both are important. Is it possible to balance both?<br /> Wed, 20 Jan 2016 16:36:22 -0500 Is Privacy a right or a privilege? https://www.rallypoint.com/answers/is-privacy-a-right-or-a-privilege <div class="images-v2-count-0"></div>Privacy and protecting information took on new meaning with the creation of the internet. Rights guaranteed in the Constitution and the Bill of Rights do not meet the requirements for protection in today&#39;s society. Laws are being created to protect the individual and to grant government the right to monitor and view details of our personal lives, both are important. Is it possible to balance both?<br /> CPT Private RallyPoint Member Wed, 20 Jan 2016 16:36:22 -0500 2016-01-20T16:36:22-05:00 Response by LTC Yinon Weiss made Jan 20 at 2016 4:41 PM https://www.rallypoint.com/answers/is-privacy-a-right-or-a-privilege?n=1248348&urlhash=1248348 <div class="images-v2-count-0"></div>If privacy is a privilege, then it means you are born without privacy and that somebody has to give it to you. I do not believe that. I believe we are born as free human beings and that we don&#39;t need permission from anyone to expect privacy. It is therefore a human right... unless of course you do something which causes you to lose that right. LTC Yinon Weiss Wed, 20 Jan 2016 16:41:18 -0500 2016-01-20T16:41:18-05:00 Response by Sgt Aaron Kennedy, MS made Jan 20 at 2016 4:48 PM https://www.rallypoint.com/answers/is-privacy-a-right-or-a-privilege?n=1248360&urlhash=1248360 <div class="images-v2-count-0"></div>Privacy is a Right.<br /><br />The question is whether it is a PROTECTED Right. <br /><br />Now, because of various &quot;case law&quot; Privacy has become an Implied Protection under the 4th Amendment:<br /><br />&quot;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&quot;<br /><br />However when dealing with this, we must separate what is Private and what is Public.<br /><br />Simply put, anything you do not place in Public is Private. If you do not release that &quot;information&quot; (et al) then it is Private information. However, when you hand it to a &quot;third party&quot; (like a phone company) to hand it to someone else... the courts have rules that the &quot;expectation to Privacy&quot; disappears. You have placed it in Public.<br /><br />The flaw in this logic is when you (the Citizen), intentionally SAFEGUARDS said information even during said transaction so that it cannot be read, as in &quot;encryption.&quot; You have a reasonable belief that information will remain Private. Likewise if you place that information in a &quot;repository&quot; like a Safe Deposit box, it is considered Private, but what about a &quot;Virtual Drop Box?&quot;<br /><br />The Government is arguing that once it leaves a Person&#39;s hands, the expectation goes away, even when the Citizenry is taking steps to actively prevent the Government to gain access to it.<br /><br />Do these issues &quot;trigger&quot; the Protections of the 4th Amendment?<br /><br />That is a very simple example. We it gets far more complex, if you look at all the data we MUST provide to operate inside society at this time, which is classified as &quot;third party&quot; which we &quot;should&quot; have a reasonable expectation to Privacy with.<br /><br />This is completely outside the scope of those items which we freely distribute. Sgt Aaron Kennedy, MS Wed, 20 Jan 2016 16:48:38 -0500 2016-01-20T16:48:38-05:00 Response by CH (COL) Geoff Bailey made Jan 20 at 2016 4:52 PM https://www.rallypoint.com/answers/is-privacy-a-right-or-a-privilege?n=1248371&urlhash=1248371 <div class="images-v2-count-0"></div>Both CH (COL) Geoff Bailey Wed, 20 Jan 2016 16:52:32 -0500 2016-01-20T16:52:32-05:00 Response by CPT Jack Durish made Jan 20 at 2016 4:55 PM https://www.rallypoint.com/answers/is-privacy-a-right-or-a-privilege?n=1248381&urlhash=1248381 <div class="images-v2-count-0"></div>I don&#39;t see &quot;privacy&quot; as a right or a privilege and I do believe that the Constitution addresses it quite well. To answer the issue, one must first state the question correctly. Asking &quot;Is Privacy a right or a privilege&quot; puts the burden of proof on those who are attempting to protect their privacy. The question we should be asking is &quot;By what right does the government intrude on our privacy?&quot; Think about that for a moment. Imagine the drones and minions dusting off a copy of the Constitution and looking in vain for any wording that gives them the right to invade our privacy. Let me know if you find anything? If not, stay the hell out of my private life... CPT Jack Durish Wed, 20 Jan 2016 16:55:45 -0500 2016-01-20T16:55:45-05:00 Response by MSG Private RallyPoint Member made Jan 20 at 2016 4:57 PM https://www.rallypoint.com/answers/is-privacy-a-right-or-a-privilege?n=1248383&urlhash=1248383 <div class="images-v2-count-0"></div>In a sense, privacy is both. Consider this: As a people, we have the right to privacy in our lives, our homes, our minds and thoughts. But, then when someone becomes a celebrity or a huge politician, then their privacy (in certain aspects) then become a privilege. The paparazzi chasing them down, reporters always following or hounding. MSG Private RallyPoint Member Wed, 20 Jan 2016 16:57:15 -0500 2016-01-20T16:57:15-05:00 Response by Capt Jeff S. made Jan 20 at 2016 4:57 PM https://www.rallypoint.com/answers/is-privacy-a-right-or-a-privilege?n=1248385&urlhash=1248385 <div class="images-v2-count-0"></div>A right Capt Jeff S. Wed, 20 Jan 2016 16:57:48 -0500 2016-01-20T16:57:48-05:00 Response by Capt Private RallyPoint Member made Jan 20 at 2016 5:12 PM https://www.rallypoint.com/answers/is-privacy-a-right-or-a-privilege?n=1248411&urlhash=1248411 <div class="images-v2-count-0"></div>I think it is a right. That said, many expect privacy is an absolute right. They seem to believe that no one should be able to review public records. They tend to forget that what they say on the internet or telephone can be seen or heard bu others. <br /><br />Protecting one's privacy is one's own responsibility. Capt Private RallyPoint Member Wed, 20 Jan 2016 17:12:35 -0500 2016-01-20T17:12:35-05:00 Response by SMSgt Thor Merich made Jan 20 at 2016 5:20 PM https://www.rallypoint.com/answers/is-privacy-a-right-or-a-privilege?n=1248428&urlhash=1248428 <div class="images-v2-count-0"></div>Privacy is a right. But like all rights, it can be taken away from you. In prison, you lose the right to privacy because of bad acts on your part. SMSgt Thor Merich Wed, 20 Jan 2016 17:20:03 -0500 2016-01-20T17:20:03-05:00 Response by Capt Mark Strobl made Jan 20 at 2016 6:16 PM https://www.rallypoint.com/answers/is-privacy-a-right-or-a-privilege?n=1248551&urlhash=1248551 <div class="images-v2-count-0"></div>As Americans we should expect privacy granted to us by both the 4th Amendment (which would include information) and the 9th Amendment (rights not enumerated, eg. privacy). Of course, the Constitutional framers couldn't have envisioned the internet. The problems erupt when people elect to engage in stupid (and/or illegal) activities. Due process is, yet, required to pry into e-mails. However, in the world of social media, we've all seen some suspect behavior. The legal challenge lies between defining private v. public utterances. Allow me to go "Barney Style:" If you put your sh** out on the street, someone is going to notice. In this case, the individual forfeits their right(s) to privacy. Capt Mark Strobl Wed, 20 Jan 2016 18:16:32 -0500 2016-01-20T18:16:32-05:00 Response by SPC James Dollins made Jan 21 at 2016 7:50 AM https://www.rallypoint.com/answers/is-privacy-a-right-or-a-privilege?n=1249342&urlhash=1249342 <div class="images-v2-count-0"></div>It's more of a right than a privilege. SPC James Dollins Thu, 21 Jan 2016 07:50:45 -0500 2016-01-21T07:50:45-05:00 Response by 1LT Aaron Barr made Jan 21 at 2016 8:13 AM https://www.rallypoint.com/answers/is-privacy-a-right-or-a-privilege?n=1249379&urlhash=1249379 <div class="images-v2-count-0"></div>Absolutely it is a right. From the point of view of the Natural Rights philosophy on which this nation was founded, Privacy is a Natural Right derived from the fundamental Natural Rights of Liberty and Property. While not explicitly stated in the Constitution, a right to Privacy is also strongly implied. The First Amendment guarantees freedom of religion and speech, amongst others, which would necessarily be chilled if subject to monitoring. The Fourth Amendment protects a citizen's person, house, effects and papers from being searched or seized without a warrant granted by a judge having met the burden of probable cause and limits that which can be searched or seized only to what the warrant permits. Moreover, the Ninth Amendment clearly states that the rights enumerated in the Constitution are not comprehensive, ie other rights must necessarily exist beyond what's in the Bill of Rights.<br /><br />To me, the way to balance this is precisely how the Fourth Amendment demands; a warrant granted by a judge having met the burden of probable cause. I would argue that there are some common sense limits to this. For example, I don't think there should be any expectation of privacy in public, in communications to or from a foreign country, ESPECIALLY if the country in question is hostile to us and in cases where a person is within the communications of a person for whom a warrant is issued. 1LT Aaron Barr Thu, 21 Jan 2016 08:13:32 -0500 2016-01-21T08:13:32-05:00 Response by PO3 Private RallyPoint Member made Jan 21 at 2016 9:20 AM https://www.rallypoint.com/answers/is-privacy-a-right-or-a-privilege?n=1249485&urlhash=1249485 <div class="images-v2-count-0"></div>Bill of Rights do meet the requirements, because most of the bill of rights is principles based. but now we are no longer rooted on principles ... we make rules based on situation or specified items all the time. when a new technology appear ... we deal with such "technology", Instead of the principles. That lead the public further and further away from the principles lay down by our founding father. That is what happening with all the secret monitoring, wireless tapping, and even gun control. PO3 Private RallyPoint Member Thu, 21 Jan 2016 09:20:50 -0500 2016-01-21T09:20:50-05:00 2016-01-20T16:36:22-05:00