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Historically, state laws on privacy date back before the founding of the United States and most authorities left protection of personal information to the individual. However, after the creation of a national economy as a result of the Civil War, governmental agencies were created to recommend stronger privacy protections.
New England Life Insurance Company (in 1905) was one of the first specific endorsements of the right to privacy as derived from natural law in US law. Judith Wagner DeCew stated, "Pavesich was the first case to recognize privacy as a right in tort law by invoking natural law, common law, and constitutional values." [7]
The right to privacy and social media content laws have been considered and enacted in several states, such as California's "online erasure" law protecting minors from leaving a digital trail. State laws, such as the CPPA in California, have granted more comprehensive protection. [67]
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Virginia became the second state to enact privacy laws in 2021. The law was weak, according to PIRG, but became the national standard for other laws written throughout the country.
Most Internet users expect some extent of privacy protection from the law while they are online. However, scholars argue that lack of understanding of the Internet as either a public or private space leads to issues in defining expectations of the law. [21] The Fourth Amendment may not protect informational privacy.
All fifty U.S. states and the District of Columbia also have freedom of information laws that govern the public's access to government records at state and local levels. [9] These laws go by many different names including Sunshine Laws, Public Records Laws, Open Records Laws, etc. Additionally, Open Meeting Laws govern the public's access to ...
The First Amendment states the government cannot violate the individual's right to " freedom of speech, or of the press". [3] In the past, this amendment primarily served as a legal justification for infringement on an individual's right to privacy; as a result, the government was unable to clearly outline a protective scope of the right to speech versus the right to privacy.