Where does Secured2 stand on the right to privacy & security?
Daren Klum
CEO - Secured2 Corporation, Inventor, Hardware & Software Engineer, Entrepreneur, Investor & Advisor, Author
I can't believe we are at a point in modern civilization where the right to privacy and data security is up for discussion. We are either secure & private or vulnerable & surveilled. You can't have it any other way.
Although simple in theory to grasp, privacy is tough to define in a legal context, and that's a big part of the problem we face today. There are no expressly stated constitutional rights to privacy in a digital world. However, in a lawsuit in 1920, Justice Louis D. Brandeis ruled in Gilbert v. Minnesota that the First Amendment protected the privacy of the home. In Griswold v. Connecticut, Justice William O. Douglas also placed a right to privacy in a "penumbra" case by the First, Third, Fourth, Fifth, and Ninth Amendments.
Even earlier in the 1880s, Judge Thomas Cooley wrote in a Treatise on the Law of Torts or the Wrongs Which Arise Independent of Contract that people had a right to be let alone. This then turned into the term "The Right of Privacy." Yet, the right to privacy has been challenged because, in the modern day, our Privacy rights usually are usurped by the rights of the media. There is big money in the media, and these massive companies spend significant money lobbying for laws that benefit their ability to invade your right to privacy in exchange for their right to access 'information' to sell magazines, papers, platforms, and online news outlets. An example of this is Cox Broadcasting Corp. v. Cohn; in this ruling, freedom of the press's interests in publishing publicly available information about the commission of a crime outweighed privacy rights. Then in 2001, Bartnicki v. Vopper was passed, and the court upheld the request of a radio station to broadcast a private telephone conversation involving public persons and concerning political matters that were illegally intercepted.
We can all agree that a right to privacy is a fundamental right?recognized by almost every free nation on earth to some extent (it's by no means perfect). This right ensures that individuals have the right to keep their personal information and activities private and not be subject to surveillance or monitoring by others without their consent, provided those actions do not infringe on others' rights granted to them. As our lives have increasingly moved online, the right to internet privacy has become increasingly essential but a fracture point. It's a fracture point because many large data platforms must play ball with the Governments that rule them, and there is constant friction on who can access your information and by what means. Also, since it's digital information, who can intercept or see your data without anyone ever knowing becomes another issue. These are enormous challenges we face today as we fight for privacy. To illustrate this, with each mobile app we use, we slowly give up our privacy for convenience without many even understanding the repercussions of giving away our rights to privacy in exchange for that convenience. When was the last time you read a EULA? There is an acronym for that, TLDR - too long, didn't read.
Most people consider the right to internet privacy an essential extension of the right to privacy. They believe individuals should have the right to control their personal information and activities online, just as they can control their data and activities offline.
Another reason that the right to internet privacy is important is that it allows individuals to protect their personal information online. With the rise of online commerce and social media, individuals are increasingly sharing personal & valuable information online. The right to internet privacy ensures that individuals can control how their personal information is used and protect themselves from identity theft and other forms of online fraud.
Yet, as our tools, systems, and platforms have evolved, we have lost that privacy partly because of mass surveillance programs, the vulnerabilities in our encrypted systems, and a massive rush to collect as much data as possible since data is now the new gold. We now have weaponized digital systems that no longer provide privacy and security and endanger us in ways we can't even understand yet.
What about the Government having access to all our information? Whether the government has a right to access an individual's digital information is a complex and controversial issue. Generally, the government has a legitimate interest in protecting national security, preventing crime, and investigating criminal activity. However, this interest must be balanced against an individual's right to privacy, including digital privacy. In the end, we are either all secure, or we are not. If we build systems with backdoors to usurp privacy, you do it for all systems uniformly, making everyone vulnerable (our companies, government, etc.). So that's a big conundrum.
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Secured2 believes we must move to a place where the tools we use to secure our digital lives work and are 100% secure. Once our courts rule in favor of access of a criminal user, our government should be allowed to force a user to authenticate providing?access to the account. If they don't comply, we shut down the account, which triggers other legal remedies. That's called due process, obeying the law, and as a nation of laws, we must have regulations that are fair, balanced, and equitable for all. It's pretty simple, if you are a criminal, a terrorist, or a bad actor, you give up your privacy rights, and access to your information should be granted. We either abide by the rule of law, or we don't. We believe you should.
In many countries, laws and regulations provide the government with legal authority to access an individual's digital information under certain circumstances. For example, law enforcement agencies may obtain a warrant to access an individual's digital information during a criminal investigation. Similarly, intelligence agencies may be able to get a court order to access an individual's digital information for national security purposes.
However, the government's ability to access an individual's digital information is often subject to legal and procedural safeguards to prevent abuse. For example, in many countries, the government must demonstrate probable cause before obtaining a warrant to access an individual's digital information. Additionally, individuals may have the right to challenge the government's access to their digital information in court.
Despite these legal safeguards, concerns about government surveillance and privacy violations persist. Some argue that the government's access to digital information is too broad and invasive, violating individuals' privacy rights. Others say that the government's access to digital information is necessary for national security and law enforcement.
Whether the government can access an individual's digital information is complex and controversial. While the government may have a legitimate interest in accessing digital information for national security and law enforcement purposes, this interest must be balanced against an individual's right to privacy. Legal and procedural safeguards are necessary to ensure that the government's access to digital information is not abused.
So where does Secured2 stand on this debate? Secured2 was built to bring back privacy and security and give our customers the most secure solution they can get today. Everyone in this country is innocent until proven guilty and has a right to digital privacy. That's our belief. However, we also understand we are a nation of laws, and we have incredible men & women who work each day tirelessly to protect our country from threats. There needs to be a balance. Secured2 believes we must have secure systems, yet we must also have a legal system that protects your privacy until you give up that privacy because you are guilty of a crime(s). We believe that's the correct answer, but if we turn into a mass surveillance state like China, we are no better than China, and our ideals as a nation of freedom go out the door. With surveillance, you are no longer free, and that's the slippery slope we are walking on today.
No matter where you stand on the privacy debate, one thing is sure. Secured2 is bringing back security & privacy by design and has a pathway to help our country find the right balance between privacy, security, and protecting our nation. Mass surveillance and back doors to systems should not be tolerated. Otherwise, we are no better than rogue nations that see freedom, privacy, and security as a way to lose control.
DVMS Institute - Founding Member, Executive Director Programs
1 年Daren Klum great post. What the digital surveillance companies are doing ( that my name for Facebook and others who steal our personal data) is completely illegal because it’s not just about tracking our search history it’s about listening to our conversations and then dropping in your an ad or article on your social Media account. They are stalking us and that last time I checked that was illegal…..but how can it be illegal if governments across the globe are doing it daily. Right now the govt and social media are in control of our data and that needs to change
B2B Tech Digital Marketing Consultant: SEO, SEM, Social, Content, Influencer Marketing
1 年Fantastic article Daren. I'm of the belief that most consumers don't mind giving SOME information to advertisers, in order to show us more relevant ads, but 1) there's a limit to that, and 2) we want to be in control. I recently reached out to a company to ask about their services. Great call, said maybe I'll get back to you at the right time. Since then, their ads follow me everywhere - Facebook, LinkedIn, random websites I visit...it's gross. Makes me not want to ever deal with them again. Most brands don't get that a little respect for privacy would actually help their cause.
Director, Public Sector Channel Sales
1 年Awesome..!!
?Digital Trust and Cybersecurity Workforce Development ?Personal Career Development ?Digital Trust and Cybersecurity Professional ?Creator of Social Value ?Enabler of Social Mobility ?Consultant ?Trainer ? Founder
1 年Great article and very thought provoking Daren Klum Thank you for sharing.