Why Technology Will Win the Privacy Debate

The first serious discussion of a legal right to privacy in the United States didn’t come until the year 1890 and that was because of the invention of a technology and that technology was the Kodak camera. 

The first serious discussion of a legal right to privacy in the United States didn’t come until the year 1890 and that was because of the invention of a technology and that technology was the Kodak camera. 


Before cameras were big like what I'm facing right now they sat in studios and you knew when you’re picture was being taken.  Now suddenly people could take this camera out in the street, take a picture of you anywhere and that picture could appear before the whole world in the penny press.  It freaked people out.  They didn’t know what to do about it and so Louise Brandeis and Samuel Warren wrote a now famous paper that was the fundamental intellectual base of looking for a legal right to privacy in the US and what was really happening there was there was a gap between technology and society’s norms.  A new technology came along.  It caused a change.  It was disrupting and unsettling. 

We didn’t know what to do about it and so we feared it and there were efforts to stop it.  There were attempts to create laws in New York State for example that wouldn’t allow your picture to be taken unless you had explicit permission, which would stop people from taking pictures on the street for example in public.  There were a lot of stories in The Times about fiendish Kodakers lying in wait, about a young Vanderbilt who horsewhipped a Kodaker.  President Roosevelt outlawed Kodaking in Washington parks and what happened obviously here is that our norms caught up with this and we figured it out and we now know you’re going to go into the locker room at the gym and take a picture, but you are going to be to take a picture on the street.  We have agreed upon norms.

So now we see a new technology that causes this same effort.  It’s the internet.  It changes how we operate.  Let me give you one more example.  Email, you know I miss the busy signal.  When we had the busy signal on the phone it said you can’t get me now, but that’s gone.  We have call waiting, but we also have email and people think they can send you email anytime.  Well I get so much email today I can’t possibly answer it all.  Under our old norms of handwritten letters and stamps it would be rude not to answer your message.  Now I think it should be rude to expect me to answer immediately.  So what do we do about this?  Well until our norms have adapted, until we have a way to say I'm busy, don’t bother me, you’re not important, we don’t have ways to say that without sounding, so what do we do?  We lie.  We say my email was broken, but then Google will fix that and then we said oh you got caught in my spam filter, but then they fix that too.  Nowadays I hear people say well if you don’t make it into my Google priority inbox sorry you weren’t important, I didn’t see the email.

So we lie about these things because it’s the more polite thing to do.  What we’re really trying to do is to start to negotiate new norms and at some point those new norms will say no you can’t expect me to answer in 30 seconds, I'm busy.  So technology leads.  It has to because we don’t know what it is yet and then we figure out how it operates best and then we’ll figure out our norms as they go. 

In Their Own Words is recorded in Big Think's studio.

Image courtesy of Shutterstock

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    Politics & Current Affairs

    Political division is nothing new. Throughout American history there have been numerous flare ups in which the political arena was more than just tense but incideniary. In a letter addressed to William Hamilton in 1800, Thomas Jefferson once lamented about how an emotional fervor had swept over the populace in regards to a certain political issue at the time. It disturbed him greatly to see how these political issues seemed to seep into every area of life and even affect people's interpersonal relationships. At one point in the letter he states:

    "I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend."

    Today, we Americans find ourselves in a similar situation, with our political environment even more splintered due to a number of factors. The advent of mass digital media, siloed identity-driven political groups, and a societal lack of understanding of basic discursive fundamentals all contribute to the problem.

    Civil discourse has fallen to an all time low.

    The question that the American populace needs to ask itself now is: how do we fix it?


    Discursive fundamentals need to be taught to preserve free expression

    In a 2017 Free Speech and Tolerance Survey by Cato, it was found that 71% of Americans believe that political correctness had silenced important discussions necessary to our society. Many have pointed to draconian university policies regarding political correctness as a contributing factor to this phenomenon.

    It's a great irony that, colleges, once true bastions of free-speech, counterculture and progressiveness, have now devolved into reactionary tribal politics.

    Many years ago, one could count on the fact that universities would be the first places where you could espouse and debate any controversial idea without consequence. The decline of staple subjects that deal with the wisdom of the ancients, historical reference points, and civic discourse could be to blame for this exaggerated partisanship boiling on campuses.

    Young people seeking an education are given a disservice when fed biased ideology, even if such ideology is presented with the best of intentions. Politics are but one small sliver for society and the human condition at large. Universities would do well to instead teach the principles of healthy discourse and engagement across the ideological spectrum.

    The fundamentals of logic, debate and the rich artistic heritage of western civilization need to be the central focus of an education. They help to create a well-rounded citizen that can deal with controversial political issues.

    It has been found that in the abstract, college students generally support and endorse the first amendment, but there's a catch when it comes to actually practicing it. This was explored in a Gallup survey titled: Free Expression on Campus: What college students think about First amendment issues.

    In their findings the authors state:

    "The vast majority say free speech is important to democracy and favor an open learning environment that promotes the airing of a wide variety of ideas. However, the actions of some students in recent years — from milder actions such as claiming to be threatened by messages written in chalk promoting Trump's candidacy to the most extreme acts of engaging in violence to stop attempted speeches — raise issues of just how committed college students are to
    upholding First Amendment ideals.

    Most college students do not condone more aggressive actions to squelch speech, like violence and shouting down speakers, although there are some who do. However, students do support many policies or actions that place limits on speech, including free speech zones, speech codes and campus prohibitions on hate speech, suggesting that their commitment to free speech has limits. As one example, barely a majority think handing out literature on controversial issues is "always acceptable."

    With this in mind, the problems seen on college campuses are also being seen on a whole through other pockets of society and regular everyday civic discourse. Look no further than the dreaded and cliche prospect of political discussion at Thanksgiving dinner.

    Talking politics at Thanksgiving dinner

    As a result of this increased tribalization of views, it's becoming increasingly more difficult to engage in polite conversation with people possessing opposing viewpoints. The authors of a recent Hidden Tribes study broke down the political "tribes" in which many find themselves in:

    • Progressive Activists: younger, highly engaged, secular, cosmopolitan, angry.
    • Traditional Liberals: older, retired, open to compromise, rational, cautious.
    • Passive Liberals: unhappy, insecure, distrustful, disillusioned.
    • Politically Disengaged: young, low income, distrustful, detached, patriotic, conspiratorial
    • Moderates: engaged, civic-minded, middle-of-the-road, pessimistic, Protestant.
    • Traditional Conservatives: religious, middle class, patriotic, moralistic.
    • Devoted Conservatives: white, retired, highly engaged, uncompromising,
      Patriotic.

    Understanding these different viewpoints and the hidden tribes we may belong to will be essential in having conversations with those we disagree with. This might just come to a head when it's Thanksgiving and you have a mix of many different personalities, ages, and viewpoints.

    It's interesting to note the authors found that:

    "Tribe membership shows strong reliability in predicting views across different political topics."

    You'll find that depending on what group you identify with, that nearly 100 percent of the time you'll believe in the same way the rest of your group constituents do.

    Here are some statistics on differing viewpoints according to political party:

    • 51% of staunch liberals say it's "morally acceptable" to punch Nazis.
    • 53% of Republicans favor stripping U.S. citizenship from people who burn the American flag.
    • 51% of Democrats support a law that requires Americans use transgender people's preferred gender pronouns.
    • 65% of Republicans say NFL players should be fired if they refuse to stand for the anthem.
    • 58% of Democrats say employers should punish employees for offensive Facebook posts.
    • 47% of Republicans favor bans on building new mosques.

    Understanding the fact that tribal membership indicates what you believe, can help you return to the fundamentals for proper political engagement

    Here are some guidelines for civic discourse that might come in handy:

    • Avoid logical fallacies. Essentially at the core, a logical fallacy is anything that detracts from the debate and seeks to attack the person rather than the idea and stray from the topic at hand.
    • Practice inclusion and listen to who you're speaking to.
    • Have the idea that there is nothing out of bounds for inquiry or conversation once you get down to an even stronger or new perspective of whatever you were discussing.
    • Keep in mind the maxim of : Do not listen with the intent to reply. But with the intent to understand.
    • We're not trying to proselytize nor shout others down with our rhetoric, but come to understand one another again.
    • If we're tied too closely to some in-group we no longer become an individual but a clone of someone else's ideology.

    Civic discourse in the divisive age

    Debate and civic discourse is inherently messy. Add into the mix an ignorance of history, rabid politicization and debased political discourse, you can see that it will be very difficult in mending this discursive staple of a functional civilization.

    There is still hope that this great divide can be mended, because it has to be. The Hidden Tribes authors at one point state:

    "In the era of social media and partisan news outlets, America's differences have become
    dangerously tribal, fueled by a culture of outrage and taking offense. For the combatants,
    the other side can no longer be tolerated, and no price is too high to defeat them.
    These tensions are poisoning personal relationships, consuming our politics and
    putting our democracy in peril.


    Once a country has become tribalized, debates about contested issues from
    immigration and trade to economic management, climate change and national security,
    become shaped by larger tribal identities. Policy debate gives way to tribal conflicts.
    Polarization and tribalism are self-reinforcing and will likely continue to accelerate.
    The work of rebuilding our fragmented society needs to start now. It extends from
    re-connecting people across the lines of division in local communities all the way to
    building a renewed sense of national identity: a bigger story of us."

    We need to start teaching people how to approach subjects from less of an emotional or baseless educational bias or identity, especially in the event that the subject matter could be construed to be controversial or uncomfortable.

    This will be the beginning of a new era of understanding, inclusion and the defeat of regressive philosophies that threaten the core of our nation and civilization.