It was an interesting week of research
for me. I decided to continue my path of correlating the law and
constitution to actual cases that have been heard about privacy
issues. But the difference was in which laws. I decided examine all
amendments cited in constitution cases not just the three I'm
primarily concerned with. I did this to get an overall basis as to
what constitutes privacy as embodied by the case law. From there I
can make inferences to the specifics of my direction. Secondly, I
went for the more practical approach to how privacy issues are being
dealt with in the modern society with the instant communication on
cell phones and the various social media outlets.
Surprisingly, there have been many
privacy issues raised throughout case law. But, I found that the more
over riding angle from about 1967 and Katz vs. United States is
concept of 'reasonable expectation'. For example if you are doing
something in your home, you could expect that what you do there is
private. Doing the same thing on a public street corner, you do not
have that expectation. This fundamental concept will be central to
much of what I examine from here on out.
In the more modern sense of what
currents and trends that I looked at, in contrasts nicely with the
'reasonable expectation', in that much of what information is shared
is done so voluntarily. Or so it would seem. In legal circles it is
referred to as 'terms of use'. Almost no one reads those when using
Facebook, for example. In it there is an explicit consent that
whatever you do there will be tracked. The same goes with your cable
box by the cable company. They will track what you watch. This is all
done in the interest of having you see what's more relevant to you.
But, that info is stored, probably forever, so that your cumulative
viewing habits always looked at to give you what you might want to
watch. My next step is to look at how that could be used to do other
things, predict other behavior or match it to psychological
profiles....
This makes me wonder if some day I'll be summarily executed for binge-watching The 100 as avidly as I do. I sort of deserve it.
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