[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--
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