In this short essay, written for a symposium in the San Diego Law Review, Professor Daniel Solove examines the nothing to hide argument. When asked about government surveillance and data mining, many people respond by declaring: "I've got nothing to hide." According to the nothing to hide argument, there is no threat to privacy unless the government uncovers unlawful activity, in which case a person has no legitimate justification to claim that it remain private. The nothing to hide argument and its variants are quite prevalent, and thus are worth addressing. In this essay, Solove critiques the nothing to hide argument and exposes its faulty underpinnings.

A bit dated and lengthy, but nevertheless a great read.

  • unglueclass23@programming.devOP
    1·
    20 days ago

    A great comeback, however, the root of the nothing to hide argument is itself flawed, as was written in the article - that is the point.

    Understanding privacy as I have set forth reveals the flaw of the nothing to hide argument at its roots. Many commentators who respond to the argument attempt a direct refutation by trying to point to things that people would want to hide. But the problem with the nothing to hide argument is the underlying assumption that privacy is about hiding bad things. Agreeing with this assumption concedes far too much ground and leads to an unproductive discussion of information people would likely want or not want to hide. As Bruce Schneier aptly notes, the nothing to hide argument stems from a faulty “premise that privacy is about hiding a wrong.” 75 The deeper problem with the nothing to hide argument is that it myopically views privacy as a form of concealment or secrecy. But understanding privacy as a plurality of related problems demonstrates that concealment of bad things is just one among many problems caused by government programs such as the NSA surveillance and data mining. In the categories in my taxonomy, several problems are implicated.