The Right to Privacy from Brandeis to Flickr

[Commentary] Snakes have rudimentary hind limbs, and some flightless birds have wings last used in the distant evolutionary past. For digital-era humans, it seemed the expectation of privacy was likewise vestigial, a remnant of a more innocent time. The phone hacking scandal involving the News of the World newspaper is a reminder that privacy is not dead, but it could use an updated definition.

The debate about the right to privacy over the past few years has focused on new media. Privacy advocates have lobbied to regulate Facebook and other social media, with the goal of limiting how much information people share. But when we post details about ourselves on social media or reply to online marketing, we are choosing to become less private. In exchange, we get the ability to find friends, communicate with relatives, or get relevant information. We are determining our own level of privacy, with some people staying away from social media and others embracing it. In contrast, when phones are hacked, there is no individual choice involved. It's a clear-cut violation of privacy.