Here's where I'm not making the connection. What constitutionally protected civil liberties have corporations eroded from us? I could get behind the argument of GOVERNMENT taking civil liberties from us. The only way a corporation, such as Disney, can "violate" your civil liberties is if you voluntary agree to their terms of entrance/use/agreement and thus consent to having those liberties "violated." But even still, no liberties would have been violated anyway, because a corporation is not a government.
When can a corporation go too far for me? Simple answer: never. I am not entitled to consume a product a company offers. If I do not like the conditions set forth to consume their product, I will simply stop doing so, or migrate to their competition, provided they have more amenable terms. The only way the company will have an incentive to change is by you ceasing to give them your dollars.
Of course private companies can violate our civil liberties. Just consider the Civil Rights Movement for numerous examples. Prior to the passage of several pieces of legislation, most notably the Civil Rights Act of 1964, it was legal for private businesses to discriminate as part of its “terms of business”. The events that led to the passage of the Civil Rights were decades in the making.
Please note that I am not comparing the use of tracking devices to the Civil Rights Movement; only using the Civil Rights Movement as a well-known example of how the government stepped in to protect violations of people’s civil liberties by private businesses, even though those private businesses were engaged in (at the time) “legal” and well-established practices.
The ability for private companies to track individuals’ movements is new. There may very well be reasonable uses of such devices but today it’s effectively the Wild West era for tracking devices. The technology is new and laws have not kept pace with their use. GPS (for example) has been available for civilian use for less than 20 years. Compared to the timeline of other civil liberty disputes, 20 years is a drop in the proverbial bucket.
As long as corporations with vested interests in the technology and deep financial pockets lobby Congress, no laws are going to be passed protecting us against unfettered use of such devices to affect our lives.
What happens, for example, when insurance companies, as part of their terms of business, decide that we need to wear tracking devices so they can monitor whether we are engaging in “risky” activities? What happens when banks requires us to wear monitoring devices in order to take out loans? Or grocery stores require us to wear tracking devices to purchase food? Today, what laws are in place that would prevent these scenarios from happening?
Once we conceptually accept that Disney has the “right” to have us wear devices that allow our physical movements to be tracked
for whatever reason, where does it end?
Quoting Justice Samuel Alito in
United States v. Jones:
In the pre-computer age, the greatest protections of privacy were neither constitutional nor statutory, but practical. Traditional surveillance for any extended period of time was difficult and costly and therefore rarely undertaken. The surveillance at issue in this case — constant monitoring of the location of a vehicle for four weeks — would have required a large team of agents, multiple vehicles, and perhaps aerial assistance. Only an investigation of unusual importance could have justified such an expenditure of law enforcement resources. Devices like the one used in the present case, however, make long-term monitoring relatively easy and cheap. In circumstances involving dramatic technological change, the best solution to privacy concerns may be legislative.
Even a conservative justice such as Alito recognizes that a legislative solution might be in order.
In the past, our privacy was protected as a matter of practicality. It was impractical for government agencies or private corporations to follow us unless there was a reason for it. However, technology has reached the point where it has become cost-effective to "stalk" all of us all the time. I don’t want to be stalked. I want Disney to stop stalking us.
If a complete stranger followed us and our families for a week, 24 hours-per-day, we’d have a reasonable case of bringing up stalking charges against that person. Disney is a complete stranger and has the technology to track our movements throughout an entire week-long vacation. Although Disney certainly would fail to meet the “credible threat” criteria necessary for aggravated stalking, a (weak) case could be made that Disney is engaged in simple stalking, usually a misdemeanor. The fact that Disney arm-twists us into accepting their “stalking terms” with the threat of being denied nearly all services we paid for suggests we are not truly volunteering to be tracked by Disney. Legally, I am certain the case would be thrown out but, hopefully, this makes it a bit more apparent Disney intends to engage in a behavior that might end up landing an individual in jail. There will be legal ways individuals can be tracked but, as suggested in Alito’s opinion, laws have not kept pace with technology.
That Disney buries use of RFID devices in a mind-numbingly long “terms and conditions” disclaimer might make it legal today; it does not make it acceptable. Both liberal and conservative elements oppose the use of tracking devices on human beings. However, as long as large corporations continue spend millions to lobby Congress and local state houses, what is the likelihood of effective legislation being passed? According to Media Matters (
http://mediamatters.org/blog/2012/02/03/how-much-did-media-companies-spend-lobbying-on/184807):
Disney's fourth quarter disclosure form indicates the company spent $1,190,000 on lobbying expenditures between October and December of 2011, and some of this money was spent to lobby on SOPA and PIPA
That’s just the amount spent by Disney in one quarter to lobby Congress. Corporations are spending obscene amounts of money to influence federal and state legislative bodies. They are spending that to protect their financial interests, with all other considerations, including civil liberties, taking a backseat. As suggested by Alex Carey decades ago:
The 20th century has been characterized by three developments of great political importance: The growth of democracy, the growth of corporate power, and the growth of corporate propaganda as a means of protecting corporate power against democracy.
The situation has only grown more extreme since he penned that thought.
Disney wants to use RFID devices. Disney is spending millions to lobby. What’s the likelihood of laws being passed to limit the use of tracking devices?
For me, I simply want my children to be able to live their lives without being bodily tracked.