My Reaction to Eric Schmidt
I think judgment matters. If you have something that you don’t want anyone to know, maybe you shouldn’t be doing it in the first place. If you really need that kind of privacy, the reality is that search engines—including Google—do retain this information for some time and it’s important, for example, that we are all subject in the United States to the Patriot Act and it is possible that all that information could be made available to the authorities.
This, from 2006, is my response:
Privacy protects us from abuses by those in power, even if we’re doing nothing wrong at the time of surveillance.
We do nothing wrong when we make love or go to the bathroom. We are not deliberately hiding anything when we seek out private places for reflection or conversation. We keep private journals, sing in the privacy of the shower, and write letters to secret lovers and then burn them. Privacy is a basic human need.
For if we are observed in all matters, we are constantly under threat of correction, judgment, criticism, even plagiarism of our own uniqueness. We become children, fettered under watchful eyes, constantly fearful that—either now or in the uncertain future—patterns we leave behind will be brought back to implicate us, by whatever authority has now become focused upon our once-private and innocent acts. We lose our individuality, because everything we do is observable and recordable.
This is the loss of freedom we face when our privacy is taken from us. This is life in former East Germany, or life in Saddam Hussein’s Iraq. And it’s our future as we allow an ever-intrusive eye into our personal, private lives.
Too many wrongly characterize the debate as “security versus privacy.” The real choice is liberty versus control. Tyranny, whether it arises under threat of foreign physical attack or under constant domestic authoritative scrutiny, is still tyranny. Liberty requires security without intrusion, security plus privacy. Widespread police surveillance is the very definition of a police state. And that’s why we should champion privacy even when we have nothing to hide.
EDITED TO ADD: See also Daniel Solove’s “‘I’ve Got Nothing to Hide’ and Other Misunderstandings of Privacy.”