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The Right to Privacy Since 9/11

The right to privacy is protected by the Fourth Amendment to the Constitution. The Fourth Amendment limits the government’s search and seizure powers to “prevent arbitrary and oppressive interference by enforcement officials with the privacy and personal security of individuals.” It protects our “right to be left alone,” a right which U.S. Supreme Court Justice Louis Brandeis termed “the most comprehensive of rights, and the right most valued by civilized men.”

In the wake of September 11, many longstanding prohibitions on government surveillance powers were revoked—with little public discussion or debate. Congress and the courts have made some efforts to check new proposals to further expand the administration’s surveillance powers and its access to the personal data of U.S. citizens and others. In other instances, they have allowed further overreaching and secrecy by the executive branch.

For background, read Chapter 2: “The Right to Privacy” in “Imbalance of Powers: How Changes to U.S. Law & Policy Since 9/11 Erode Human Rights and Civil Liberties”


Total Information Awareness - Background

Access to Library and Business Records

Foreign Intelligence Surveillance Act (FISA)

Spying by Local Police

Terrorist Identification Database

LCHR Letter to Representatives Hyde and Lantos in Support of Global Internet Freedom Act (2/28/02)

LCHR Recommendations on the Right to Privacy


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