Listen: Samuel Warren, Louis Brandeis, Mr. Holler discussed on Trailblazers with Walter Isaacson
"And more accurate. Holler won the contest with a suggestion that census takers enter their data on punch cards, and then using a tabulation machine that he had invented. Those cards could be read counted and sorted electrically hollering. Machine allowed the eighteen ninety centers to be completed in less than a year. Frederick lane considers it to be a turning point in the history of American private. The use of cards made it possible to collect store and tabulate data in quantities really never before contemplated. And the second main reason that I link I look at this as a turning point in privacy is that Mr. holler went on to found a company that eventually became International Business Machines, which was then responsible for creating and selling the mainframe computers. That in the nineteen fifties began the whole concept of data mining and the explosion in the collection of data can really be traced to that. The next new technology that pose a potential threat to Americans. Privacy was a portable camera. George Eastman introduces first camera called the Kodak and eighteen eighty eight. It used preloaded celluloid film. It was inexpensive enough to appeal to the average consumer. It was also small and lightweight enough that for the first time, cameras could be moved out of the photography studios and onto the streets that meant that people can now be photograph as they went about their daily lives. And those pictures could even show up in newspapers and magazines. It was a prospect that many Americans found quite horrified, instantaneous photographs and newspaper enterprise have invaded the sacred precincts of private and domestic. Life and numerous mechanical devices threaten to make good the action that what is westward in the closet. Shelby proclaiming from the house tops. That's an excerpt from an essay called the right to privacy. It appeared in the Harvard law review in December, eighteen ninety, and it was written by to Boston law Brookner's named Samuel, warn and Louis Brandeis. It's the single most important statement concerning the right to privacy in American legal history. It is the foundation upon which all privacy loss since then has been built, and it was motivated by the authors outrage over a new form of journalism that was taking root at the end of the nineteenth century and the United States newspapers were competing of a who could produce the most lurid headlines and publish the most insatiable stories and pictures. They print anything. If it meant selling newspaper. Or so, it seemed to establish types like Samuel warned and Louis Brandeis. I think that one of the reasons why Samuel warn one to find a right to privacy against it to enterprising press was because he was troubled by coverage of his own family. Amy Guida is a professor at the Tulane university law school. He had married a senator's daughter, and that man had become secretary of state under Grover Cleveland. And so therefore when this every day, Boston lawyer suddenly married into this political family, there was a lot of press interest in him and in his family. So for example, the press covered his wedding to his wife. So Samuel Warren's wedding than was covered by newspapers and York in Washington DC. And so suddenly he became a member of a politically prominent family and the press was very interested in what he was doing and in what his extended family was doing. And so my theory is that that's one of the reasons that the right to privacy is a law review article came to be that Samuel Warren was really tired of what he thought was this very invasive recipe. Like Reverend Rockall nearly a hundred years earlier, Lauren and Brandeis will arguing for the right of citizens to establish zone of privacy that neither the press nor their neighbors could invade. They wanted that right to be enshrined in law. It was a powerful argument, but it took years before American courts came around to accepting it. That's because as we've seen there was no explicit right to privacy, an American law at that point and the author's desire to limit the Power of the press to publish what it wanted could quickly wanna foul of the first amendment. But by the nineteen twenties and thirties, coach were beginning to issue rulings that reflected the position put forward by Warren and Brandeis and in nineteen seventy seven. That physician was formerly co defied into American law. It came in the form of what is known as a restatement lawyers and judges occasionally get together and issue opinions about various manners of law and nineteen seventy seven. They turn their attention to the matter of privacy, Amy Guida the right to privacy than in nineteen seventy seven was defined as four separate torts one was something called misappropriation, which is the misuse of someone's identity generally in advertising. The second was something called intrusion into seclusion, which is the idea that when we are in private, for example, in a public bathroom that others can't peer in on us. So it's the peeping Tom tort another was called false light, which is simply like defamation in some sense. But then to me, the most important. One in the one that mimics most the right to privacy law review article from eighteen ninety is something called publication of private facts. And what it does is it suggests that individuals have the right to keep certain information private despite the freedom of the press to report truthful information. And so it was really in nineteen seventy seven that we had this full definition for what the right to privacy means as against read of the press nineteen, seventy seven the year that American lawyers and judges formerly accepted a legal notion of privacy that had I been proposed eighty seven years earlier, but nineteen seventy seven was also the year that apple radio shack and Commodore all introduced mass market, personal computers and to computer geeks named Dennis as and Dale. Renton developed the first modem for home use just as the court were figuring out had to deal with privacy in an analog world. The emerging digital world was about to pose challenges that few at the time could have contemplated the worst fears of Samuel Warren and Louis Brandeis were about to be realized what was whispered in the closet would now truly be proclaimed from the house Dopson everywhere else. Remember how Brandeis and Warren thought newspaper editors were irresponsible. Imagine how they would have felt about bloggers. The rules of privacy would have to be rewritten for the digital age. Pam Dixon is the founder and executive director of the world privacy for a nonprofit public interest research group. I'm old enough that I watched the world move from analog digital and when the world I began going. I really did have a very lovely idealistic notion that we could move the anti-discriminatory protections that we have in the analog world to the online world or the digital world. But that's actually not the case. I think that wisdom has taught me that as we have digitized the world, there are just fairy fundamental things that change and there's not a direct one to one correlation. We can't just import the old rules that we've established for so many years about fairness and human values, and dignity and whatnot into the digital ecosystem. And as those rules change to conform"