In a famous passage written in 1928, Supreme Court Justice Louis Brandeis said, “The makers of our Constitution . . . conferred, as against the government, the right to be let alone - the most comprehensive of rights and the most valued . . . . ”
The “right to be left alone” is the very essence of the individual freedom we as Americans enjoy. That is why the freedoms enumerated in the Bill of Rights are phrased as prohibitions: “Congress Shall Make No Law”; “shall not be infringed”; “shall not be violated.” For Americans, individual rights are not bestowed by government, but rather are inherent, and the government may not infringe them.
The “right to be left alone” is being challenged in ways that were technologically impossible and legally unthinkable only a few years ago. It has become difficult for law-abiding people to protect their privacy and their freedom against unreasonable searches, surreptitious snooping, data mining, intrusive commercial solicitation, identity theft, and the like.
In today’s society, there are many reasons one may want to prevent information about one’s residence, family, wealth, and personal life from falling into the hands of those wishing to file nuisance lawsuits or invade privacy, or who may have criminal intent.
“Asset protection” is related to privacy protection, and refers to the art of separating onself from one’s assets without giving up beneficial enjoyment of them, and without necessarily giving up control -- all for the purpose of protecting those assets in the event one is later subject to a lawsuit. Asset protection is often part of an estate plan. |
