<<< Date Index >>>     <<< Thread Index >>>

[IP] Our Domestic Intelligence Crisis





Begin forwarded message:

From: Karl Auerbach <karl@xxxxxxxxxxxx>
Date: December 22, 2005 5:38:48 PM EST
To: David Farber <dave@xxxxxxxxxx>
Subject: Re: [IP] Our Domestic Intelligence Crisis
Reply-To: Karl Auerbach <karl@xxxxxxxxxxxx>


On Thu, 22 Dec 2005, David Farber wrote:

http://www.washingtonpost.com/wp-dyn/content/article/2005/12/20/ AR2005122001
053.html

Our Domestic Intelligence Crisis
By Richard A. Posner
Wednesday, December 21, 2005; Page A31

... But machine collection and processing of data cannot, as such, invade privacy.

I'm certain that when Kafka wrote "The Trial" he would not have found much difference if Joseph K. had been taken away because it was a machine that overheard some gossip rather than an intelligence officer.

If I read Posner's argument correctly he would perhaps give permission to police robots routinely searching our homes and listening to our conversations looking for hints of suspicious activity. Or to automated heat sensors placed along public sidewalks that scan our homes for excessive heat that might suggest some illicit activity.

It seems that Judge Posner's argument goes way back to the days when wiretaps were considered to not raise forth amendment issues because there was no physical entering of the suspect's home or place of work.

Personally, I fail to see why the fourth amendment protections should apply only when it is a government officer that is performing the search and not apply when the search is done using a mechanical instrumentality acting on behalf of that same government officer.

                --karl--



-------------------------------------
You are subscribed as roessler@xxxxxxxxxxxxxxxxxx
To manage your subscription, go to
 http://v2.listbox.com/member/?listname=ip

Archives at: http://www.interesting-people.org/archives/interesting-people/