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Privacy pleas
Amitai Etzioni's "The Limits of Privacy" sees civil libertarians as a danger and government as the solution to all our problems. April 26, 1999 |
Which is why Amitai Etzioni's book "The Limits of Privacy" has had me off
coffee for a week. It was a book I felt I had to read, since Etzioni has become an outspoken and prolific participant in the debates over privacy issues online. His newspaper articles over the past year have dealt with privacy on the Internet (Boston Globe, March 29, 1999), database privacy (New York Times, April 6, 1999) and Internet content regulation (Wall Street Journal, Oct. 14, 1998). Indeed, Etzioni's growing prominence on these issues is probably why he was a major source for a recent Times story about the privacy issues raised by tracing the Melissa virus' creator. Even so, Etzioni's treatment of privacy issues in his new book came as an unpleasant surprise. The book is disturbing not just
because Etzioni thinks of civil libertarians like me as harmful to the
social order; it's also troubling because of his willingness to embrace
just about every government initiative that would erode personal privacy -- so
long as it can be justified in terms of a valid public concern. Described in his press materials as "one of the world's leading proponents
of communitarian thinking," Etzioni is a sociologist at George Washington
University. But "The Limits of Privacy" is not sociology, nor does it rely on
sociological methodologies -- instead, it is expressly a work of policy
advocacy. Officially, Etzioni wants to
replace the rights talk in American policy and jurisprudence with a
"balanced" philosophy of privacy. Unofficially, his book is aimed at
discrediting those threatening civil libertarians and privacy activists and replacing
them with Etzioni's "balanced" approach -- what he calls "a
contemporary conception of privacy." If there's a hell in Etzioni's
communitarian cosmology, it's the realm of discourse in which lawyers and
civil libertarians win arguments by invoking individual rights. Etzioni cheerfully acknowledges that he's no lawyer himself (he likes to
drop the occasional aside about how irrational the legal system is), but
he's certainly as tendentious as the most stereotypical litigator. And,
like a lawyer quizzing a witness about the latter's decision to stop
beating his wife, Etzioni knows that if you ask the right kinds of
questions, the answers will invariably support your case: "To begin a new
dialog about privacy, I have asked ... audiences if they would like to know
whether the person entrusted with their child care is a convicted child
molester." Well, yes, Amitai, I'd kinda like to know that. So I guess I
should be willing to punt this privacy stuff, huh? The author stacks the deck by beginning his book with discussions of two
cherry-picked issues -- Megan's Law and the HIV testing of infants -- where
the interest in protecting the health and welfare of children is
indisputable, and where the countervailing privacy interests are
comparatively weak. He moves on, however, to the trickier issues of
government access to encrypted communications (where the government's case
for guaranteed access is known to be rather weak, at least as far as actual
evidence goes) and the institution of a national I.D. card (the case for
which is typically framed less in terms of solving a known public problem
and more in terms of providing a raft of public benefits). The reader who works through Etzioni's discussions of these issues and thinks she's got the author pegged as an anti-privacy zealot like David Brin will find she's been thrown a curve by the chapter on medical records -- which Etzioni finds to be too easily subject to abuse by insurance companies and other
monolithic villains of late capitalism. Medical privacy, says the author,
"is in a fundamentally different condition than the other four areas of
public policy studied here ... Privacy is unnecessarily compromised without
serving any important public good." This last is not exactly a controversial proposition in itself -- you can
find a similar view in "The End of Privacy," a recent book by Canadian
political-science professor Reg Whitaker. Like Etzioni, Whitaker sees a
role for government in policing the excesses of commercial entities that
might misuse our private data. But where the agenda of Whitaker's book is
mildly Marxist -- his primary aim is to outline how technology and
capitalism synergistically fuel changes in the privacy landscape -- the
purpose of Etzioni's book is both simpler and more troubling: It seeks to
justify the role of government in making privacy decisions, whatever those
decisions may be. Thus, when the issue is government-initiated privacy
intrusions, Etzioni argues that privacy is overvalued when "balanced"
against the public welfare. Yet when government might play a role in
protecting privacy -- by, say, regulating private companies' use of
commercial or medical databases -- suddenly Etzioni is nervous about the
threat to privacy. He labels this particular conclusion "the Privacy
Paradox": He believes that the greatest threat to privacy is not the
state, which is traditionally seen (he says) as the greatest threat to our
privacy, but Big Business, which you need the government to
police.
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