for tangible gains in health or safety or efficiency. Most legalized infringements—HIV notification, airport X-rays, Megan’s Law, Breathalyzer roadblocks, the drug-testing of student athletes, laws protecting fetuses, laws protecting the vegetative, remote monitoring of automobile emissions, county-jail strip searches, even Ken Starr’s exposure of presidential corruption—are essentially public health measures. I resent the security cameras in Washington Square, but I appreciate the ones on a subway platform. The risk that someone is abusing my E-ZPass toll records seems to me comfortably low in comparison with my gain in convenience. Ditto the risk that some gossip rag will make me a victim of the First Amendment; with two hundred and seventy million people in the country, any individual’s chances of being nationally exposed are next to nil.
The legal scholar Lawrence Lessig has characterized Americans as “bovine” for making calculations like this and for thereby acquiescing in what he calls the “Sovietization” of personal life. The curious thing about privacy, though, is that simply by expecting it we can usually achieve it. One of my neighbors in the apartment building across the street spends a lot of time at her mirror examining her pores, and I can see her doing it, just as she can undoubtedly see me sometimes. But our respective privacies remain intact as long as neither of us feels seen. When I send a postcard through the U.S. mail, I’m aware in the abstract that mail handlers may be reading it, may be reading it aloud, may even be laughing at it, but I’m safe from all harm unless, by sheer bad luck, the one handler in the country whom I actually know sees the postcard and slaps his forehead and says, “Oh, jeez, I know this guy.”
our privacy panic isn’t merely exaggerated. It’s founded on a fallacy. Ellen Alderman and Caroline Kennedy, in The Right to Privacy , sum up the conventional wisdom of privacy advocates like this: “There is less privacy than there used to be.” The claim has been made or implied so often, in so many books and editorials and talk-show dens, that Americans, no matter how passive they are in their behavior, now dutifully tell pollsters that they’re very much worried about privacy. From almost any historical perspective, however, the claim seems bizarre.
In 1890, an American typically lived in a small town under conditions of near-panoptical surveillance. Not only did his every purchase “register,” but it registered in the eyes and the memory of shopkeepers who knew him, his parents, his wife, and his children. He couldn’t so much as walk to the post office without having his movements tracked and analyzed by neighbors. Probably he grew up sleeping in the same bed with his siblings and possibly with his parents, too. Unless he was well off, his transportation—a train, a horse, his own two feet—either was communal or exposed him to the public eye.
In the suburbs and exurbs where the typical American lives today, tiny nuclear families inhabit enormous houses, in which each person has his or her own bedroom and, sometimes, bathroom. Compared even with suburbs in the sixties and seventies, when I was growing up, the contemporary condominium development or gated community offers a striking degree of anonymity. It’s no longer the rule that you know your neighbors. Communities increasingly tend to be virtual, the participants either faceless or firmly in control of the face they present. Transportation is largely private: the latest SUVs are the size of living rooms and come with onboard telephones, CD players, and TV screens; behind the tinted windows of one of these high-riding I-see-you-but-you-can’t-see-me mobile PrivacyGuard® units, a person can be wearing pajamas or a licorice bikini, for all anybody knows or cares. Maybe the government intrudes on the family a little more than it did a hundred years ago (social workers look in on the old and the