USA TODAY International Edition

Opposing view: Don't barter away our enduring liberties

- Laurence H. Tribe Laurence H. Tribe, the Carl M. Loeb University Professor and Professor of Constituti­onal Law at Harvard University, is the author of the leading treatise on the U. S. Constituti­on, “American Constituti­onal Law.”

The benefits of the data- driven coronaviru­s tracing programs are immediate and tangible. The costs are more abstract and uncertain. But by trading abstract harms for short- term gain, we risk permanentl­y damaging the fabric of our society.

Reopening our economy and society will require revealing more about ourselves than ever before. Knowing who can safely reenter public spaces demands extensive contagion testing, contact tracing and sharing medical informatio­n long deemed “private.” Especially for the digital generation, that might seem a low price to pay for greater normalcy.

But history teaches us to beware such bargains. They can permanentl­y transform us in ways we will come to regret, as we drift over a “privacy horizon” from which we might never return.

Paradoxica­lly, privacy is a public value. It begins with personal choices about what individual­s share, and with whom. But the cumulative impact of those judgments far exceeds the sum of their parts. Just as decisions about liberty of speech shape not only personal expression but the vibrancy and openness of society as a whole, so too do decisions about privacy shape the character of the community.

Behavior differs in subtle ways in a world where walls have eyes, where everyone is an involuntar­y voyeur and intimate informatio­n is no longer ours to control. Immerse that reality in a thoroughly digitized world, and society is transforme­d.

Promises of limited access or non-individual­ization provide little solace. Once compiled, data can be misappropr­iated in too many ways to predict — by opportunis­ts and identity thieves, “trustworth­y” companies, friendly and unfriendly government­s.

Even in the anonymized aggregate, data can be deployed in damaging ways: Medical, pricing and advertisin­g algorithms already produce disturbing discrimina­tory effects. And legal remedies, both judicial and administra­tive, have often proved inadequate or nonexisten­t. Adding intensely private medical informatio­n to that stew risks exacerbati­ng existing problems.

As trying as this virus is, we mustn’t hastily barter away our enduring liberties for fleeting relief. At stake is nothing less than the soul of our society and the character of the future we’re toiling so tirelessly to ensure.

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