I wrote a short piece on privacy about 2 weeks ago. A few things were pointed out to me about that piece that I want to address. My thanks to Lauren Weinstein of the People for Internet Responsibility and the Network Neutrality Squad for his comments and direction.
Lauren pointed out that the Constitution has no explicit provision for privacy. Instead, the constitution merely provides a number of guidelines for personal security. Specifically, the constitution provides guidance such as protection against unreasonable search and seizure. Additionally, a person cannot be compelled to be a witness against themselves.
The supreme court has, over time, upheld these guidelines and extended them to provide additional privacy protections for all. The ninth amendment, specifically, has been used to uphold that the rights provided by the Constitution do not supersede rights already held by individuals.
To be sure, the issue of privacy is a tangled one, and opinions abound. Interpretations of the Constitution will change over time. It is up to each and every one of us to ensure that our rights stay intact and to fight when necessary to uphold those rights.