We, for our part, were determined that he not be alone when he died. Maybe this was exactly wrong, maybe all he was waiting for was to be left alone. Nevertheless, on my sixth night in town, I stayed up and read a light novel cover to cover while he lay and breathed and loosed his great yawns. A nurse came by, listened to his lungs, and told me he must never have been a smoker. She suggested that I go home to sleep, and she offered to send in a particular nurse from the floor below to visit him. Evidently, the nursing home had a resident angel of death with a special gift for persuading the nearly dead, after their relatives had left for the night, that it was OK for them to die. I declined the nurse’s offer and performed this service myself. I leaned over my father, who smelled faintly of acetic acid but was otherwise clean and warm. Identifying myself, I told him that whatever he needed to do now was fine by me, he should let go and do what he needed to do.
Late that afternoon, a big early-summer St. Louis wind kicked up. I was scrambling eggs when my mother called from the nursing home and told me to hurry over. I don’t know why I thought I had plenty of time, but I ate the eggs with some toast before I left, and in the nursing-home parking lot I sat in the car and turned up the radio, which was playing the Blues Traveler song that was all the rage that season. No song has ever made me happier. The great white oaks all around the nursing home were swaying and turning pale in the big wind. I felt as though I might fly away with happiness.
And still he didn’t die. The storm hit the nursing home in the middle of the evening, knocking out all but the emergency lighting, and my mother and I sat in the dark. I don’t like to remember how impatient I was for my father’s breathing to stop, how ready to be free of him I was. I don’t like to imagine what he was feeling as he lay there, what dim or vivid sensory or emotional forms his struggle took inside his head. But I also don’t like to believe that there was nothing.
Toward ten o’clock, my mother and I were conferring with a nurse in the doorway of his room, not long after the lights came back on, when I noticed that he was drawing his hands up toward his throat. I said, “I think something is happening.” It was agonal breathing: his chin rising to draw air into his lungs after his heart had stopped beating. He seemed to be nodding very slowly and deeply in the affirmative. And then nothing.
After we’d kissed him goodbye and signed the forms that authorized the brain autopsy, after we’d driven through flooding streets, my mother sat down in our kitchen and uncharacteristically accepted my offer of undiluted Jack Daniel’s. “I see now,” she said, “that when you’re dead you’re really dead.” This was true enough. But, in the slow-motion way of Alzheimer’s, my father wasn’t much deader now than he’d been two hours or two weeks or two months ago. We’d simply lost the last of the parts out of which we could fashion a living whole. There would be no new memories of him. The only stories we could tell now were the ones we already had.
[2001]
IMPERIAL BEDROOM
Privacy, privacy, the new American obsession: espoused as the most fundamental of rights, marketed as the most desirable of commodities, and pronounced dead twice a week.
Even before Linda Tripp pressed the “Record” button on her answering machine, commentators were warning us that “privacy is under siege,” that “privacy is in a dreadful state,” that “privacy as we now know it may not exist in the year 2000.” They say that both Big Brother and his little brother, John Q. Public, are shadowing me through networks of computers. They tell me that security cameras no bigger than spiders are watching from every shaded corner, that dour feminists are monitoring bedroom behavior and watercooler conversations, that genetic sleuths can decoct my entire being from a droplet of saliva, that voyeurs can retrofit ordinary camcorders with a filter that lets them see through people’s clothing. Then comes the flood of dirty suds from the Office of the Independent Counsel, oozing forth through official and commercial channels to saturate the national consciousness. The Monica Lewinsky scandal marks, in the words of the philosopher Thomas Nagel, “the culmination of a disastrous erosion” of privacy; it represents, in the words of the author Wendy Kaminer, “the utter disregard for privacy and individual autonomy that exists in totalitarian regimes.” In the person of Kenneth Starr, the “public sphere” has finally overwhelmed—shredded, gored, trampled, invaded, run roughshod over—“the private.”
The panic about privacy has all the finger-pointing and paranoia of a good old American scare, but it’s missing one vital ingredient: a genuinely alarmed public. Americans care about privacy mainly in the abstract. Sometimes a well-informed community unites to defend itself, as when Net users bombarded the White House with e-mails against the “clipper chip,” and sometimes an especially outrageous piece of news provokes a national outcry, as when the Lotus Development Corporation tried to market a CD-ROM containing financial profiles of nearly half the people in the country. By and large, though, even in the face of wholesale infringements like the war on drugs, Americans remain curiously passive. I’m no exception. I read the editorials and try to get excited, but I can’t. More often than not, I find myself feeling the opposite of what the privacy mavens want me to. It’s happened twice in the last month alone.
On the Saturday morning when the Times came carrying the complete text of the Starr report, what I felt as I sat alone in my apartment and tried to eat my breakfast was that my own privacy—not Clinton’s, not Lewinsky’s—was being violated. I love the distant pageant of public life. I love both the pageantry and the distance. Now a President was facing impeachment, and as a good citizen I had a duty to stay informed about the evidence, but the evidence here consisted of two people’s groping, sucking, and mutual self-deception. What I felt, when this evidence landed beside my toast and coffee, wasn’t a pretend revulsion to camouflage a secret interest in the dirt; I wasn’t offended by the sex qua sex; I wasn’t worrying about a potential future erosion of my own rights; I didn’t feel the President’s pain in the empathic way he’d once claimed to feel mine; I wasn’t repelled by the revelation that public officials do bad things; and, although I’m a registered Democrat, my disgust was of a different order from my partisan disgust at the news that the Giants have blown a fourth-quarter lead. What I felt I felt personally. I was being intruded on.
A couple of days later, I got a call from one of my credit-card providers, asking me to confirm two recent charges at a gas station and one at a hardware store. Queries like this are common nowadays, but this one was my first, and for a moment I felt eerily exposed. At the same time, I was perversely flattered that someone, somewhere, had taken an interest in me and had bothered to phone. Not that the young male operator seemed to care about me personally. He sounded like he was reading his lines from a laminated booklet. The strain of working hard at a job he almost certainly didn’t enjoy seemed to thicken his tongue. He tried to rush his words out, to speed through them as if in embarrassment or vexation at how nearly worthless they were, but they kept bunching up in his teeth, and he had to stop and extract them with his lips, one by one. It was the computer, he said, the computer that routinely, ah, scans the, you know, the pattern of charges . . . and was there something else he could help me with tonight? I decided that if this young person wanted to scroll through my charges and ponder the significance of my two fill-ups and my gallon of latex paint, I was fine with it.
So here’s the problem. On the Saturday morning the Starr Report came out, my privacy was, in the classic liberal view, absolute. I was alone in my home and unobserved, unbothered by neighbors, unmentioned in the news, and perfectly free, if I chose, to ignore the report and do the pleasantly al dente Saturday crossword; yet the report’s mere existence so offended my sense of privacy that I could hardly bring myself to touch the thing. Two days later, I was disturbed in my home by a ringing phone, asked to cough up my mother’s maiden name, and made aware that the digitized minutiae of my daily life were being scrutinized by strangers; and within five minutes I’d put the entire episode ou
t of my mind. I felt encroached on when I was ostensibly safe, and I felt safe when I was ostensibly encroached on. And I didn’t know why.
THE RIGHT TO PRIVACY—defined by Louis Brandeis and Samuel Warren, in 1890, as “the right to be let alone”—seems at first glance to be an elemental principle in American life. It’s the rallying cry of activists fighting for reproductive rights, against stalkers, for the right to die, against a national health-care database, for stronger data-encryption standards, against paparazzi, for the sanctity of employer e-mail, and against employee drug testing. On closer examination, though, privacy proves to be the Cheshire cat of values: not much substance, but a very winning smile.
Legally, the concept is a mess. Privacy violation is the emotional core of many crimes, from stalking and rape to Peeping Tommery and trespass, but no criminal statute forbids it in the abstract. Civil law varies from state to state but generally follows a forty-year-old analysis by the legal scholar Dean William Prosser, who dissected the invasion of privacy into four torts: intrusion on my solitude, the publishing of private facts about me which are not of legitimate public concern, publicity that puts my character in a false light, and appropriation of my name or likeness without my consent. This is a crumbly set of torts. Intrusion looks a lot like criminal trespass, false light like defamation, and appropriation like theft; and the harm that remains when these extraneous offenses are subtracted is so admirably captured by the phrase “infliction of emotional distress” as to render the tort of privacy invasion all but superfluous. What really undergirds privacy is the classical liberal conception of personal autonomy or liberty. In the last few decades, many judges and scholars have chosen to speak of a “zone of privacy,” rather than a “sphere of liberty,” but this is a shift in emphasis, not in substance: not the making of a new doctrine but the repackaging and remarketing of an old one.
Whatever you’re trying to sell, whether it’s luxury real estate or Esperanto lessons, it helps to have the smiling word “private” on your side. Last winter, as the owner of a Bank One Platinum Visa Card, I was offered enrollment in a program called PrivacyGuard®, which, according to the literature promoting it, “puts you in the know about the very personal records available to your employer, insurers, credit card companies, and government agencies.” The first three months of PrivacyGuard® were free, so I signed up. What came in the mail then was paperwork: envelopes and request forms for a Credit Record Search and other searches, also a disappointingly undeluxe logbook in which to jot down the search results. I realized immediately that I didn’t care enough about, say, my driving records to wait a month to get them; it was only when I called PrivacyGuard® to cancel my membership, and was all but begged not to, that I realized that the whole point of this “service” was to harness my time and energy to the task of reducing Bank One Visa’s fraud losses.
Even issues that legitimately touch on privacy are rarely concerned with the actual emotional harm of unwanted exposure or intrusion. A proposed national Genetic Privacy Act, for example, is premised on the idea that my DNA reveals more about my identity and future health than other medical data do. In fact, DNA is as yet no more intimately revealing than a heart murmur, a family history of diabetes, or an inordinate fondness for Buffalo chicken wings. As with any medical records, the potential for abuse of genetic information by employers and insurers is chilling, but this is only tangentially a privacy issue; the primary harm consists of things like job discrimination and higher insurance premiums.
In a similar way, the problem of online security is mainly about nuts and bolts. What American activists call “electronic privacy” their European counterparts call “data protection.” Our term is exciting; theirs is accurate. If someone is out to steal your Amex number and expiration date, or if an evil ex-boyfriend is looking for your new address, you need the kind of hard-core secrecy that encryption seeks to guarantee. If you’re talking to a friend on the phone, however, you need only a feeling of privacy.
The social drama of data protection goes something like this: a hacker or an insurance company or a telemarketer gains access to a sensitive database, public-interest watchdogs bark loudly, and new firewalls go up. Just as most people are moderately afraid of germs but leave virology to the Centers for Disease Control, most Americans take a reasonable interest in privacy issues but leave the serious custodial work to experts. Our problem now is that the custodians have started speaking a language of panic and treating privacy not as one of many competing values but as the one value that trumps all others.
The novelist Richard Powers recently declared in a Times op-ed piece that privacy is a “vanishing illusion” and that the struggle over the encryption of digital communications is therefore as “great with consequence” as the Cold War. Powers defines “the private” as “that part of life that goes unregistered,” and he sees in the digital footprints we leave whenever we charge things the approach of “that moment when each person’s every living day will become a Bloomsday, recorded in complete detail and reproducible with a few deft keystrokes.” It is scary, of course, to think that the mystery of our identities might be reducible to finite data sequences. That Powers can seriously compare credit-card fraud and intercepted cell-phone calls to thermonuclear incineration, however, speaks mainly to the infectiousness of privacy panic. Where, after all, is it “registered” what Powers or anybody else is thinking, seeing, saying, wishing, planning, dreaming, and feeling ashamed of? A digital Ulysses consisting of nothing but a list of its hero’s purchases and other recordable transactions might run, at most, to four pages: was there really nothing more to Bloom’s day?
When Americans do genuinely sacrifice privacy, moreover, they do so 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 regist
ered 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 poor, health officials require inoculations, the police inquire about spousal battery), but these intrusions don’t begin to make up for the small-town snooping they’ve replaced.
How to Be Alone Page 4