An Analysis of the Expectation of Privacy in the United States: Emphasis in Modern Legal Rules

Abstract

The Age of Data has quickly constructed a world where secrecy is a myth and privacy is an idea clouded in insecurity and dishonesty. In this Thesis, I explore the realm of "privacy" and its different contextual meanings. Relying on various sources to expand on privacy, I will view the issue of privacy in American social, historical, governmental, and most importantly, legal contexts. I will be using modern terms such as Big Data, metadata, and "The Surveillance State" to narrow down our understanding of why privacy is important and how these terms have created an entirely different way of thinking about the world. Can our everyday data use (i.e. text messages, phone calls, internet search history) be infringed upon? If so, on what legal grounds? Traditional and modern privacy concerns are important to acknowledge here as well. Further research, backed by history, relevant literature, and modern legal rules, is especially vital to our understanding of data as a private "thing," how privacy is protected, and whether we are willing to give our privacy away. Is there an expectation of privacy in America today that embraces everything we want kept private?