It’s clear that the “expectation of privacy” would vary a great deal based on circumstances, but the matter of “changing and varied social norms” bears further scrutiny. Is the proliferation of recording devices altering our concept of privacy itself? I asked Abbi, who is a P.P.E. major (Philosophy, Politics, and Economics), whether he thought the “expectation of privacy” had changed in his lifetime. His response was striking:
People my age know that there are probably twice as many photos on the Internet of us, that we’ve never seen, or even know were taken, as there are that we’ve seen. It’s a reality we live with; it’s something people are worried about, and try to have some control over, say by controlling the privacy on their social media accounts.
But at the same time, people my age tend to know that nowhere is really safe, I guess. You’re at risk of being recorded all the time, and at least for me, and I think for a lot of people who are more reasonable, that’s only motivation to be the best person you can be; to exhibit as good character as you can, because if all eyes are on you, you don’t really have the option to be publicly immoral, or to do wrong without being accountable.Kennerly had a different response to the same question:
In many ways, the ubiquity of recording devices (we all have one in our pockets) doesn’t really change the analysis: you’ve never had the guarantee, by law or by custom, that a roomful of strangers will keep your secrets, even if they say they will. Did Abbi violate some part of the social compact by deceiving Luntz? In my opinion, yes. But falsity has a place in our society, and, as the Supreme Court confirmed last summer in United States v. Alvarez, certain false statements (outside of defamation, fraud, and perjury) can indeed receive First Amendment protection. As Judge Kozinski said in that case (when it was in front of the 9th Circuit), “white lies, exaggerations and deceptions [ ] are an integral part of human intercourse.”
Let me quote Kozinski at length:
Saints may always tell the truth, but for mortals living means lying. We lie to protect our privacy (“No, I don’t live around here”); to avoid hurt feelings (“Friday is my study night”); to make others feel better (“Gee you’ve gotten skinny”); to avoid recriminations (“I only lost $10 at poker”); to prevent grief (“The doc says you’re getting better”); to maintain domestic tranquility (“She’s just a friend”); to avoid social stigma (“I just haven’t met the right woman”); for career advancement (“I’m sooo lucky to have a smart boss like you”); to avoid being lonely (“I love opera”); to eliminate a rival (“He has a boyfriend”); to achieve an objective (“But I love you so much”); to defeat an objective (“I’m allergic to latex”); to make an exit (“It’s not you, it’s me”); to delay the inevitable (“The check is in the mail”); to communicate displeasure (“There’s nothing wrong”); to get someone off your back (“I’ll call you about lunch”); to escape a nudnik (“My mother’s on the other line”); to namedrop (“We go way back”); to set up a surprise party (“I need help moving the piano”); to buy time (“I’m on my way”); to keep up appearances (“We’re not talking divorce”); to avoid taking out the trash (“My back hurts”); to duck an obligation (“I’ve got a headache”); to maintain a public image (“I go to church every Sunday”); to make a point (“Ich bin ein Berliner”); to save face (“I had too much to drink”); to humor (“Correct as usual, King Friday”); to avoid embarrassment (“That wasn’t me”); to curry favor (“I’ve read all your books”); to get a clerkship (“You’re the greatest living jurist”); to save a dollar (“I gave at the office”); or to maintain innocence (“There are eight tiny reindeer on the rooftop”)….An important aspect of personal autonomy is the right to shape one’s public and private persona by choosing when to tell the truth about oneself, when to conceal, and when to deceive. Of course, lies are often disbelieved or discovered, and that, too, is part of the push and pull of social intercourse. But it’s critical to leave such interactions in private hands, so that we can make choices about who we are. How can you develop a reputation as a straight shooter if lying is not an option?
by Maria Bustillos, New Yorker | Read more:
Illustration by Tom Bachtell
