U.S. Supreme Court Justice Antonin Scalia doesn't think you have a right to privacy in most aspects of your life. But he doesn't care to have his own privacy invaded—although he admits it's perfectly legal.
Back in January, Scalia spoke at a privacy conference organized by the Institute of American and Talmudic Law. While his speech wasn't recorded (apparently at his own insistence), one of his remarks was a statement to the effect:
"Every single datum about my life is private? That's silly." Some information should remain private, "but it doesn't include what groceries I buy."
Scalia also said he wasn't bothered by anyone tracking him on the Internet. "I don't find that particularly offensive…I don't find it a secret what I buy, unless it's shameful."
Taking a cue from Scalia's remarks, Fordham Law Professor Joel Reidenberg decided to give the students in his Information Privacy Law class a special assignment: find everything they could about Scalia on the Internet, and compile a dossier on him. Among other findings, students discovered Scalia's home address and home phone number, his wife's personal e-mail address, and his food and entertainment preferences.
Scalia's reaction wasn't surprising. He didn't like having this information published. Said Scalia:
It is not a rare phenomenon that what is legal may also be quite irresponsible. That appears in the First Amendment context all the time. What can be said often should not be said. Prof. Reidenberg's exercise is an example of perfectly legal, abominably poor judgment. Since he was not teaching a course in judgment, I presume he felt no responsibility to display any.
Well, well. Nothing like being dressed down by a Supreme Court justice!
But perhaps Justice Scalia should give the matter some more consideration. Not everything that should remain private, for instance, is shameful. Your bank account transaction data may not be shameful (well, perhaps it is…), but that doesn't mean anyone should be able to view it. Nor is your Social Security number shameful—but it's not a good idea to broadcast it to potential identity thieves.
Still, the most revealing portraits come from not just one or two data points, but the aggregation of volumes of data, all freely available to anyone who cares to gather it. Taken together, this information paints a remarkably detailed portrait of "you." And it's perfectly legal to compile, even if, as the good Justice Scalia reminds us, the person gathering it, or using it, may be exercising "bad judgment."
Copyright © 2009 by Mark Nestmann
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