The Constitution does not specifically mention a right to privacy. However, Supreme Court decisions over the years have established that the right to privacy is a basic human right, and as such is protected by virtue of the 9th Amendment. The right to privacy has come to the public's attention via several controversial Supreme Court rulings, including several dealing with contraception (the Griswold and Eisenstadt cases), interracial marriage (the Loving case), and abortion (the well-known Roe v Wade case). In addition, it is said that a right to privacy is inherent in many of the amendments in the Bill of Rights, such as the 3rd, the 4th's search and seizure limits, and the 5th's self-incrimination limit.
- Summarized by USConstitution.Net
For Online Privacy
The individual's right to privacy, property, and right to speak or not to speak should not be infringed by the government. The government should not use electronic or other means of covert surveillance of an individual's actions or private property without the consent of the owner or occupant.
We oppose all restrictions and regulations on the private development, sale, and use of encryption technology. We specifically oppose any requirement for disclosure of encryption methods or keys, including the government's proposals for so-called "key escrow" which is truly government access to keys, and any requirement for use of government-specified devices or protocols. We also oppose government classification of civilian research on encryption methods.
We oppose the issuance by the government of an identity card, to be required for any purpose, such as employment, voting, or border crossing.
We further oppose the nearly universal requirement for use of the Social Security Number as a personal identification code, whether by government agencies or by intimidation of private companies by governments."
A Principled Stand For Privacy
The Libertarian Party is the only political party in the United States with explicit support of the right to develop, sell, and use computer cryptography in its platform. The Libertarian Party also opposes censorship of online communication.
As a political party, the LP is the only pro-privacy organization that gives you a chance to vote for your right to use cryptography on Election Day -- by voting for Libertarian candidates for public office.
Cast your vote to defend your freedom: Vote Libertarian!
Other Organizations Supporting Online Privacy
The following organizations may not agree with the Libertarian Party on all issues, but share our support for the right to use cryptography and opposition to government surveillance. Visit their home pages for valuable information about threats to your privacy and ways you can get involved in the fight to preserve your rights.
On the Issues:
- I support the individual's right to privacy, property, and right to speak or not to speak without infringement by the government.
- I oppose the nearly universal requirement for use of the Social Security Number as a personal identification code, whether by government or private companies. The improper use of the SSN has caused rampant and massive identity theft.
- I oppose the issuance by the federal government of a national identity card, to be used for any purpose such as employment, voting, or border crossing. This includes the repeal of the REAL ID Act which seeks to assist in monitoring the personal activities of all citizens without the due process of law.
- I support legislation that would prohibit private parties from discriminating against individuals who refuse to disclose or obtain a Social Security Number.
- I support American's right to keep and bear arms; further, I oppose registration of firearms and ammunition as this could, at some point, be used to assist in the confiscation of these items by the government.
- I oppose the government tracking financial transaction, private Internet usage, library records, travel plans, and spending habits of law-abiding citizens for no other reason than they "might" commit a crime in the future. The government should not use electronic or other means of covert surveillance to spy on an individual's actions or private propety without consent of the owner, occupant, or due process.
- I support an employer's ability to screen prospective or current employees via questionnairs, polygraph tests, urine tests for drugs, blood tests for AIDS, or other means providing this is a condition of that employer's labor agreement.
- I support an individual's right to privacy and their ability to opt out of the National Census except to the degree this process is Constitutionally mandated - in other words, citizens must provide head counts of residents but all other demographic information should be optional.
- I oppose all police searches conducted without probable cause, including roadblocks aimed at randomly testing drivers for intoxication and police practices to stop mass transit vehicles to search passengers without probable cause.
- I oppose current "medical privacy protection" rules that allow insurance companies and other entities to access personal medical information.
- I oppose the Patriot Act in its current form - while the clever title of the act makes it appear to be in our best interest, this is not the case. This Act expanded the federal government's ability to use wiretaps without judical oversight and to issue nationwide search warrants that are non-specific to any given location; this is done without any local judicial oversight. "Sneak and Peek" warrants were authorized allowing the federal authorities to search a person's home, office, or personal property without that person's knowledge. This Act unconstitutionally deprives citizens of due process and a right to privacy.