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by slibhb 1737 days ago
> I'm confused. At the top of the second paragraph, it explicitly mentions the erosion of privacy rights. Isn't that a valid principle upon which to oppose mass surveillance without cause?

"We should oppose surveillance because we have privacy rights". Sounds like a tautology. It raises the question: why should we have privacy rights?

The long passage you quoted enumerates negative consequences of surveillance. We should have privacy because democracy depends on it, we should have privacy because surveillance doesn't work, surveillance is racist (how trendy), etc. What's missing, in my opinion, is an assertion that people have a fundamental right to privacy solely based on their being human. That's a natural rights perspective, I think it's indispensible, and I think it's unfortunate that we (not just the ACLU) no longer find it convincing.

As long as we justify our rights based on contingent circumstances they will always be up for debate.

2 comments

Without the right to privacy, the other rights frankly don't matter much.
Well, you've got a problem, then. You don't get rights just for being born. You only get rights within the context of a society that has agreed to respect those rights.

Consider this: if you have rights simply because you are human, then there must be something different about humans that gives them those rights, which chimps and bonobos don't have. What is that?

You're proving my point. You don't find the idea of natural rights convincing. That's exactly what I wrote. The problem is that, in your framework, there will always be a good reason to violate people's rights. "If we don't spy on people, the terrorists will blow us up" sounds silly today but it convinced people after 9/11. As did "we have to torture these people to prevent a terrorist attack".

I agree with you that this is linked to a distinction between humans and animals. The fact that we no longer find that distinction convincing is linked to the fact that we no longer find natural rights convincing.

I'm open to being convinced, if you're open to trying.
> Consider this: if you have rights simply because you are human, then there must be something different about humans that gives them those rights, which chimps and bonobos don't have. What is that?

Uhm consciousness?

How do you know chimps and bonobos aren't conscious?