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Only then can we comfortably enjoy all the good that can come from these technologies.īrandeis’s concern about technology’s threat to liberty was stoked by the introduction, two years before his article, of a Kodak camera that was small enough to carry, cheap enough to afford, worked at the press of a button, and came loaded for 100 shots. The collection, use and manipulation of electronic data must finally be regulated and severely limited.
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What’s needed, for all Americans, is a full legal and political reckoning with the reckless manner in which digital technology has been allowed to invade our lives. Women are urging one another to delete phone apps like period trackers that can indicate they are pregnant.īut frantic individual efforts to swat away digital intrusions will do too little. Surveillance made possible by minimally-regulated digital technologies could help law enforcement or even vigilantes track down women who might seek abortions and medical providers who perform them in places where it would become criminalized. Now the Supreme Court seems poised to rule that there is no constitutional protection for the right to abortion. “Recent inventions and business methods call attention to the next step which must be taken for the protection of the person,” wrote the lawyer, Louis Brandeis, warning that laws needed to keep up with technology and new means of surveillance, or Americans would lose their “right to be let alone.”ĭecades later, the right to privacy discussed in that 1890 law review article and Brandeis’s opinions as a Supreme Court justice, especially in the context of new technology, would be cited as a foundational principle of the constitutional protections for many rights, including contraception, same-sex intimacy and abortion. Over 130 years ago, a young lawyer saw an amazing new gadget and had a revolutionary vision - technology can threaten our privacy.