Living in a state like Virginia where the Republican Party has nominated a slate of virulent homophobes for state wide office makes one perhaps more nervous bout government spying on private American citizens. Ken Cuccinelli is on record for wanting to recriminalize homosexuality and recently tried to argue that Lawrence v. Texas had not struck down Virginia's sodomy statutes. The rest of the GOP ticket is equally scary both for gays and also for women and minorities. How much do we want people like these lunatics to know about us and be able to access without out knowledge. A piece in Towleroad looks at this question. Here are some excerpts:
You don't have to be a libertarian to get angry at the jaw-dropping revelations that the American intelligence apparatus has been mining data from various U.S. Internet companies. Many of us are aware that private and public entities know quite a bit about us; data mining, after all, is how the Google banner, Amazon book recommendations, and Facebook sidebar ads work. But few -- outside those of us who study digital privacy -- realized the scope of the NSA's reach.
The government's intelligence gathering program -- called PRISM -- is ostensibly trying to achieve the worthy goal of preventing terror attacks. But the Kafka-esque bureaucracy it's creating could turn dangerous in the wrong hands. We've seen it before, during red scares that targeted Jews, blacks, gays, intellectuals, and other liberals; so let's not fall into the abyss of complacency by passing off the NSA's behavior as just something that makes us feel safer.
These kinds of privacy invasions have a less direct relationship to the gay community than raids of gay bars or anti-gay employment discrimination or bans on the freedom to marry. But even if it is true that the government only targeted foreigners abroad and did not discriminate on whose data it was gathering, the sweeping nature of NSA data gathering and this troubling example of the lag between our technology and our privacy protections should especially worry traditionally victimized groups.
Privacy law and the gay community have a long history. The explicit elucidation of a constitutional right to sexual privacy in the 1960s helped give us important precedents like the right to access contraception, the right to choose to terminate a pregnancy, and the right to engage in private, consensual sex with someone of the same sex without being thrown in jail. Yet, over the years, our privacy has been invaded to stop the dissemination of gay-related political or cultural speech through the mail, to force us to disclose our memberships in community organizations that advanced gay rights, and to fire us from our jobs when our personal sexual orientation becomes known.
Privacy is essential for the full realization of gay rights. Why? It's not because we need to hide who we are or hide our sexual conduct.
It would also be an oversimplification to argue that privacy matters to traditionally disadvantaged minorities, in general, and the gay community, in particular, because of the need to hide. Privacy is only partly about the right to keep secrets, from our sexual behavior to our half-naked photos to our community affiliations. Justice Brandeis said it was about the "right to be let alone." Justice Brennan called it "the most central of human needs." One the most well-known privacy scholars said privacy "ensures personal autonomy even when you have nothing to hide."