Posts tagged with: privacy

Blog author: ehilton
posted by on Friday, August 23, 2013

We know the government is listening, watching, gathering information. We know that we’re being told it’s all for our own good; after all, who wants to miss a possible terrorist attack? Sleeper cells, the Boston bombers, the haunting memory of nsa-is-listening-to-you9/11 say all of this is necessary for our safety, right? Not so fast, says Peggy Noonan.

First, she reminds us that the NSA has – at least technically – only limited authority when it comes to spying on American citizens. Yet, it seems they are monitoring 75 percent of our internet traffic. And clearly, our privacy doesn’t matter a bit:

 [A] finding was revealed that the NSA violated the Constitution for three years running by collecting as many as 56,000 purely domestic communications without appropriate privacy protections. The secret Foreign Intelligence Surveillance Court slammed the agency for “misrepresenting” its practices to the court, and noted it was the third time in less than three years the government misrepresented the scope of a collection program.

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spyingThe stunning news that the United States may be the most surveilled society in human history has opened a fierce debate on security, privacy, and accountability, says Timothy George, dean of Beeson Divinity School. He says religious believers should be particularly concerned:

Persons of faith should be deeply concerned about the current surveillance flap not because privacy is an absolute end in itself but rather because it points to and safeguards something else even more basic and fundamental, namely, human dignity. According to Vatican II’s Declaration on Religious Freedom, Dignitatis Humanae, real dignity requires that human beings “should act on their own judgment, enjoying and making use of a responsible freedom, not driven by coercion but motivated by sense of duty.” Such responsible freedom is the basis for both the establishment of friendships and the maintenance of family life. Without the possibility of non-coercive self-disclosure, which is vitiated by unfettered intrusion, such relationships are fatuous.

In the same way, conscientious religious commitment also requires a personal fiducial response to the divine. Thus religious freedom presupposes the recognition of privacy as an expression of human dignity. By no means is this a strictly Catholic or even Christian issue. The Southern Baptist Convention was right to pass a resolution at its annual meeting in Houston this month defining religious liberty as “the freedom of the individual to live in accordance with his or her religiously informed values and beliefs,” and citing in support Article 18 of the United Nations Declaration on Human Rights: “Everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others in public or private, to manifest his religion or belief in teaching, practice, worship, and observance.”

Read more . . .

Via TechDirt:

…a judge has tossed out the wiretapping claims pointing out that there was no expectation of privacy out in public.

“Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public,” the judge wrote. “When we exercise that power in public fora, we should not expect our actions to be shielded from public observation.”

There’s more here and here on the question of law enforcement and ‘citizen photojournalism.’

This week’s Acton Commentary from Rev. Gregory Jensen, “Finding the Balance: Privacy and the Civil Society,” is a thoughtful reflection on the place of privacy in our modern life.

I have recently made the claim that public persons, such as police officers and politicians, have a somewhat different claim to privacy than private persons.

This was especially in the context of controversy over the legality of videorecording police officers while on the job. Gizmodo follows up on a previous item (discussed here) with another one, linking to a Popular Mechanics article in which “Glenn Harlan Reynolds notes that mall cops may have a legal basis for asking you to put your camera away, public property (such as any sidewalk, street, or municipal area) is always fair game.”

The current situation is, apart from the special kinds of state-level legislation discussed in the previous post, that “Legally, it’s pretty much always okay to take photos in a public place as long as you’re not physically interfering with traffic or police operations.”

This week’s commentary by Rev. Gregory Jensen. Sign up for Acton News & Commentary here.

Finding the Balance: Privacy and the Civil Society

Privacy in our culture has come to serve not a deepening of community life but an ever deeper sense of social isolation.  Even otherwise laudable behavior is increasingly justified not by the goodness of what is done but by the modern sense of privacy.  Even among those who ought to know better, the Gospel is presented in terms that are almost wholly personal without any sense of its public character and demands.   Our sense of isolation from each other has become so profound that even to suggest that there is a human nature and that true happiness is only possible when we live in conformity to our nature, is seen a provocation and an assault on the radical autonomy of the individual.  

Paradoxically, when privacy is in the service of isolation it is also the source of what Peggy Noonan (The Eyes Have It) describes as our increasingly "exhibitionist culture."  She writes that more and more we "know things about each other (or think we do) that we should not know, have no right to know, and have a right, actually, not to know.”  While technology has a role to play here, Noonan sees the cause as rooted in the loss of what I would call the right sense of personal privacy.  Lose this, Noonan says, and "we lose some of our humanity; we lose things that are particular to us, that make us separate and distinctive as souls, as, actually, children of God."  And with this loss comes as well the loss of a truly civil society.  "We also lose trust, not only in each other but in our institutions, which we come to fear. “ 

Not that the modern sense of privacy is all bad.  Without privacy, without a door I can close (and the trust that you will respect that closed door) I cannot from time to time withdraw into solitude.  Rightly understood, privacy is the functional expression of solitude.

Solitude as a discipline of the spiritual life is both the antithesis and the cure for culture’s wild and destructive vacillations between isolation and exhibition.   Privacy serves, or rather should serve, those moments in my life when — like Jesus — I withdraw from the ebb and flow of daily life "to a quiet place" to pray (see Luke 9:10).  It is in these moments of recollection that I am able to restore myself and to re-evaluate and, if need be, correct how I go about meeting the myriad personal and professional demands of life.  And so just as privacy serves solitude, solitude in turn serves my wholesome involvement in the broader society.   

What critics, and even defenders, of the free market and democracy often forget is that both institutions are rooted in the solitude that privacy defends.   Neither social isolation — which sees my neighbor as a threat to my dignity — nor exhibitionism — which in the final analysis is merely another form of lust –is a sound anthropological foundation for a free market economy, democracy, or a civil society. So where ought we then to look?  

Rodney Stark (The Victory of Reason: How Christianity Led to Freedom, Capitalism, and Western Success) is correct when he argues that Western culture owes much of its success to Christianity in general and monastic life in particular.  Monasticism is a life of disciplined solitude in the service of community; it is also part of the shared cultural and spiritual patrimony of the Christian West and East.   As such it represents not only our best cultural self, it also can serve as a meeting place for Catholic, Protestant and Orthodox Christians as we work to respond to an increasingly secular and fragmented culture at home and the threats of Islamism worldwide. 

Though we need not ourselves be monks or nuns (though I think we do well to promote and encourage monastic life within our respective Christian communities), this should not stop us from seeing in monastic life a rich source of anthropological wisdom with which to respond to our culture’s deformed, and deforming, view of the relationship between the person and society.   Most importantly, among these is an inconvenient truth that even Christians are likely to overlook.   

Important as they are, economic activity, scientific research and even public policy shaped by the Gospel are insufficient.  True human freedom — personal and political — is a divine gift and so always outside our control.  Though he was not a monk, the Romanian Orthodox theologian, Dumitru Staniloae (1903-1993), gives voice to a central monastic insight for our time.  In his monograph, “Prayer and Holiness,” he writes that, "The man who does not pray remains a slave, enclosed in the complex mechanisms of the natural world and of the movements of his own passions by which he is dominated even more than by the world outside."  Individualism and exhibitionism, to say nothing of the brutishness and violence that are common in all areas of contemporary culture, are the symptoms of our servitude.   

In response to this self-imposed slavery and for the sake of a truly humane and civil society, we must cultivate in ourselves a right sense of privacy and so of solitude and community life. Monasticism is a tangible sign that such a life of solitude and of civic engagement is possible. It reminds us as well that we must place our great material and cultural wealth and technological prowess at the service of something greater than our own comfort or economic success.