America’s’s concerns about government intrusion are older than the country itself, says Neil Richards, a law professor at Washington University in St. Louis.
“If you want to talk about privacy, what would be less private than having a platoon of Redcoats living in your house, eating your food, listening to your conversations?” Richards asks. “… In the Constitution itself — the quartering of soldiers, the execution of general warrants — all have to do with the privacy of the home, the privacy of papers. NPR says:
“And though the Constitution doesn’t use the word ‘privacy,’ the separation of individuals and their information and their homes and their persons from the state is a theme that runs throughout the Bill of Rights.”
“Concerns about privacy ballooned again in the camera age. “Privacy as a theme in American law, and really in American public discussion, arose in 1890,” Richards says. Supreme Court Justice Louis Brandeis — just a young lawyer at the time — wrote an article for The Harvard Law Review about the personal intrusions of the new “snap cameras.”
“The history of privacy in the U.S. is closely tied with the history of the press, and by the 1960s, that had become an embattled relationship. The ’60s, Richards says, were a major moment for American privacy, in part because of the growth of “pre-modern computers.” Back then, databases were called “data banks,” and they made people nervous. Continue reading “The History of privacy”