Libertarian Discussion

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Place for discussion from a Libertarian perspective, meaning less top-down control and more individual liberty. In general, the intent is discussion about issues and not a discussion on libertarianism itself or any of its branches.

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Should there be a right to digital privacy? (sh.itjust.works)

submitted 7 months ago by [email protected] to c/[email protected]

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I'm thinking something along the lines of the GDPR where companies must get consent to track you, and must delete your data upon request.

I see a few arguments here:

yes, websites are like stores and have the obligations of a store to protect user data (IP address, HTTP headers, etc)
no because the internet is "the commons," so no expectation of privacy (no expectation that the website follows your local laws)
no because you're voluntarily providing the data, but you're well within your rights to block tracking attempts

So, some questions to spark discussion:

does data collection violate the NAP?
does sale of personal data (without a TOS in place) violate the NAP?
if no to each of the above, is it worth violating the NAP to enforce a right to digital privacy?

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[–] [email protected] 0 points 7 months ago

the government is using private corporation's spying as a workaround to the constitutional right to privacy

First of all, the government generally has more restrictions than private parties. So whether governments are allowed to buy your personal data is a completely separate matter than if a company is.

I think the government buying your personal information is a violation of the fourth and fifth amendments. If it needs your data as evidence for a crime you're accused of, it can go through the proper legal channels and subpoena the specific information it has sufficient, articulable reasons to believe exists and is relevant to the crimes you're accused of.

I should've been more clear that I'm more interested in a general right to privacy, like the GDPR is based on. Should companies like Google and Facebook be allowed to track you across the web through agreements with other websites? Should they be allowed to sell that data to other non-government entities? Should they be obligated to delete your data upon request?

We have case law that indicates an expectation of privacy when you're in your home or in your vehicle, as well as no expectation of privacy when you're in a public place or on someone else's property. Which does the internet fall under? And would a right to privacy be considered a negative right or a positive right? Negative rights are generally protected by default, whereas positive rights need to be explicitly granted in law.