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http://writ.news.findlaw.com/ramasastry/20050512.html
Zabasearch, a new startup search engine that allows the searcher to find a person's phone numbers (even unlisted ones) and addresses going back up to ten years, and to click to see satellite photos of the person's house. Even some celebrities and public figures' information can be found.
While its technically not illegal to provide this service, there needs to be a way for people to remove themselves if they choose so. Currently a written-letter is the requisite procedure to do so.
The founders of Zabasearch have reportedly characterized their service as "data democratization." In other words, if there is information already out there about you, you now have access to it. But, so does everybody else.
Unfortunately, our federal and state constitutions provide us with little guidance when it comes to digital dossiers and sites like Zabasearch, for the contemporary erosion of our privacy was unimaginable two hundred years ago.
The First Amendment protects a person's right to speak and publish information, absent a compelling governmental interest in silence. So while privacy rights don't help those who find themselves the subject of digital dossiers, free speech rights do help the dossier-makers.
It's extremely likely that any law that simply tried to ban sites like Zabasearch, or "digital dossiers" more generally, would be struck down as contrary to the First Amendment.
But could a more narrow law constitutionally restrict such sites, and dossiers, in certain ways? I think the answer is yes - and that such a law would be desirable.
Blase
http://writ.news.findlaw.com/ramasastry/20050512.html
Zabasearch, a new startup search engine that allows the searcher to find a person's phone numbers (even unlisted ones) and addresses going back up to ten years, and to click to see satellite photos of the person's house. Even some celebrities and public figures' information can be found.
While its technically not illegal to provide this service, there needs to be a way for people to remove themselves if they choose so. Currently a written-letter is the requisite procedure to do so.
The founders of Zabasearch have reportedly characterized their service as "data democratization." In other words, if there is information already out there about you, you now have access to it. But, so does everybody else.
Unfortunately, our federal and state constitutions provide us with little guidance when it comes to digital dossiers and sites like Zabasearch, for the contemporary erosion of our privacy was unimaginable two hundred years ago.
The First Amendment protects a person's right to speak and publish information, absent a compelling governmental interest in silence. So while privacy rights don't help those who find themselves the subject of digital dossiers, free speech rights do help the dossier-makers.
It's extremely likely that any law that simply tried to ban sites like Zabasearch, or "digital dossiers" more generally, would be struck down as contrary to the First Amendment.
But could a more narrow law constitutionally restrict such sites, and dossiers, in certain ways? I think the answer is yes - and that such a law would be desirable.
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