Our Domestic Intelligence Crisis

[David Farber <dave () farber net>]

Begin forwarded message:

From: Karl Auerbach <karl () cavebear com>
Date: December 22, 2005 5:38:48 PM EST
To: David Farber <dave () farber net>
Subject: Re: [IP] Our Domestic Intelligence Crisis
Reply-To: Karl Auerbach <karl () cavebear com>


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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