Computers, Privacy & the Constitution

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RickSchwartzFirstPaper 7 - 09 Mar 2009 - Main.RickSchwartz
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What's Left of Privacy

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Redress?

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<		Owing to the nature of the instruments by which privacy is invaded, the injury inflicted bears a superficial resemblance to the chilling of free communication by virtue of the state's access. However, the injury is so ill-perceived or ignored that a constitutional challenge would surely fail. A legislative solution might be met with more constitutional approval, but the state's interest is to ensure that such surveillance remains available. Thus, the prosecution of ISPs' user-surveillance under the wiretapping prohibitions and comprehensive "net neutrality" seem unlikely.
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>		Owing to the nature of the instruments by which privacy is invaded, the injury inflicted bears a superficial resemblance to the chilling of free communication by virtue of the state's access. However, the injury is so ill-perceived or ignored that a constitutional challenge would surely fail. A legislative solution might be met with more constitutional approval, but the state's interest is to ensure that such surveillance remains available. Thus, the prosecution of ISPs' user-surveillance under the wiretapping prohibitions and comprehensive "net neutrality" seem unlikely.
 Perhaps speaking in Navajo is the last vestige of self-help available to free people against the state? At least, as long as speaking in Navajo does not create a presumption of trafficking child pornography or terrorism.

Revision 7r7 - 09 Mar 2009 - 05:14:09 - RickSchwartz
Revision 6r6 - 09 Mar 2009 - 00:19:11 - RickSchwartz
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