Is Privacy A Universal Right?

October 22nd, 2009

An inmate in a maximum security prison was recently involved in a privacy case that went all the way to Maryland’s highest court. Usually inmates, especially those who have committed heinous enough crimes to land themselves into a maximum security prison, are expected and granted no privacy. These people have forfeited that right by taking away someone else’s rights, sometimes even through murder. This man actually killed another prisoner while already serving his prison sentence.

What happened was he wrote a letter to his dad and left it in an unsealed envelope. The letter described his confusion with his actions, and how he was disturbed that he killed another man. Prison officials seized the letter and used it as evidence against the man in a case against him. This letter provided irrefutable proof that he did indeed kill the man, and this would certainly land him a guilty charge, with no contest. This man would be in prison for the rest of his life, if not land him on death row.

In court, prison officials argued that the letter wasn’t sealed, and that all prisoners have to have all of their mail scanned and censored, both out-going and incoming. This, they argue, would have had the letter found anyway, so they would have gotten him like that. They also argue the letter is good evidence. The man argues that his Fourth Amendment rights were being violated by them reading and seizing his un-sent letter. Even though it was unsealed, they still should have not been allowed to get into it. By doing this, the evidence should be negated he said, and he wasn’t planning on sending the letter anyway, it was just a venting system.

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With the digital age going strong and a new administration in the White House, now is the perfect time to enact legislation and regulations concerning the Internet. TechCrunch recently published (courtesy of the Washington Post) an article outlining a Digital Bill of Rights to protect Internet users and consumers.  Most of the laws that govern the Internet are in need of a major overhaul due to all the advances in technology.  Basically they need to keep up with the changes.  If laws weren’t changed concerning the United States Postal Service, we’d all still be waiting for our mail to be delivered on horseback.  Imagine what it would be like if those old laws were still being used even with our modern delivery service.  Mail service would be unreliable, chaotic and ineffective.  The same situation we face digitally today.

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