Values File

The question whether there is such a right and the

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Unformatted text preview: istent with liberal values. PROTECTIONS OF PRIVACY THAT PREVENT GRADUAL INFRINGEMENTS BY GOVERNMENT ARE CRUCIAL Anita L. Allen, Professor, University of Pennsylvania School of Law, WILLIAM & MARY LAW REVIEW, 40 Wm and Mary L. Rev. 723, March 1999, p. 754-755. Government will have to intervene in private lives for the sake of privacy and values associated with it. Protecting privacy, however, rarely will require government to proscribe specific categories of conduct. The men who sunbathe in the nude on warm Sundays in Berlin's Tiergarten are as morally autonomous as their friends and neighbors who do not. The threat to liberalism is not that individuals sometimes expose their naked bodies in public places, display affection with same-sex partners in public, or broadcast personal information on national television. The threat to liberalism is that in an increasing variety of ways our lives are being emptied of privacy on a daily basis, especially physical and informational privacy. SLHS Value File RIGHTS OF PRIVACY DO NOT LINK TO NATIONALITY, THEY ARE FUNDAMENTAL HUMAN RIGHTS Kevin J. Lawner, JD candidate at Pace University School of Law, Comment: Post-Sept. 11th International Surveillance Activity A Failure of Intelligence: The Echelon Interception System & the Fundamental Right to Privacy in Europe, PACE INTERNATIONAL LAW REVIEW, Fall 2002 The fundamental rights enshrined in the ECHR are not linked to nationality, but represent generally accepted rights guaranteed to all persons within the jurisdiction of the contracting parties. "The rights guaranteed by the ECHR vis-a-vis a contracting state are thus also enjoyed by persons outside the territory of that state if those persons suffer interference in the exercise of their right to privacy." This is particularly important here, since a specific characteristic of the issue of fundamental rights in the area of telecommunications surveillance is the fact that there may be a substantial geographical distance between the state responsible for the surveillance...
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