Privacy and Technology: Reconsidering a Crucial Public Policy Debate in the Post‐September 11 Era

Date01 May 2004
DOIhttp://doi.org/10.1111/j.1540-6210.2004.00370.x
AuthorLisa Nelson
Published date01 May 2004
Special Report 259
Lisa Nelson
University of Pittsburgh
Special Report
Privacy and Technology: Reconsidering a Crucial
Public Policy Debate in the Post-September 11 Era
In the post September 11 era, one truism in the ongoing public policy debate surrounding technol-
ogy and privacy is that there is no easy solution to the increasing presence of technology in our
lives. There are, however, several long-standing guiding principles. We must be wary of extending
political authority to protect privacy without careful contemplation of the consequences. While it
may appear that the idea of balancing technology and privacy is novel, the tension between them
is informed by a broader theoretical framework that is inherent to democracy. Understanding this
broader theoretical framework is helpful in identifying ways to advance the debate toward policy
solutions rather than continuing a dogmatic discussion that juxtaposes technological innovation
with the loss of privacy. The purpose of this discussion is not to settle the public policy debate.
Instead, the aim is to consider how long-standing constitutional doctrine and the theoretical frame-
work of democracy can lend insight into the current debate surrounding privacy and technology.
The events of September 11, 2001, and the ever-increas-
ing prominence of information technology in our lives have
had a significant influence on the nature of public policy
debates on privacy. As society becomes more information
based, the tendencyperhaps necessityof individuals to
distribute their personal information continues to increase.
Yet, as personal information becomes more important and
is accessible to a greater number of people and institu-
tions, concerns about privacy protection and civil liberties
abound. The escalating information society, together with
the increasing reliance on technology for intelligence gath-
ering and surveillance in the aftermath of September 11,
2001, has resulted in a growing public policy debate re-
garding the balance that should be forged between tech-
nology and privacy.
In these policy debates, however, the terms are often
mired in time-worn dichotomies and stymied by entrenched
political positions. The first step in moving the public policy
debate forward is reconsidering the terms of debate. While
it may appear that the question of balancing technology
and privacy is novel, the tension between them is informed
by a broader theoretical framework that is inherent to de-
mocracy. Understanding this broader theoretical framework
is helpful in identifying ways to advance the debate to-
ward policy solutions rather than continuing a dogmatic
discussion that juxtaposes technological innovation with
the loss of privacy. In other words, there must be a means
of ensuring the ongoing protection of privacy in light of
innovations in information technology and within the con-
text of continued efforts to guard against terrorism. An un-
derstanding of the democratic underpinnings of privacy,
which are affected by the growth of the information age
and the events of September 11, 2001, is essential to a re-
consideration of the terms of the debate. The purpose of
this discussion is not to settle the public policy debate. In-
stead, the aim is to consider how long-standing constitu-
tional doctrine and the theoretical framework of democ-
racy can lend insight into the current debate surrounding
privacy and technology.
Implicitly, the exercise of political authority in the name
of preventing harm informs the current public policy de-
bates regarding the proper balance between technology and
Lisa Nelson is an assistant professor in the University of Pittsburghs Gradu-
ate School of Public and International Affairs and a fellow at the Philosophy
of Science Center of the University of Pittsburgh. She also serves as an affili-
ate in the InSITeS Institute at Carnegie Mellon University and the University of
Pittsburgh School of Law. She is a recent recipient of a National Science
Foundation award to study the societal and legal implications of biometric
technology. E-mail: lnelson@birch.gspia.pitt.edu.

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