Interesting People mailing list archives

IP: Article 4 of the Bill or Rights


From: Dave Farber <farber () cis upenn edu>
Date: Sat, 20 May 2000 18:35:08 -0400




Date: Sat, 20 May 2000 16:25:09 -0600
To: farber () cis upenn edu, ip-sub-1 () majordomo pobox com
From: Brett Glass <brett () lariat org>
Subject: Re: IP: RE: G-8 OFFICIALS CONSIDER TREATY FOR CYBERCRIME LAWS

At 02:27 PM 5/20/2000, Stewart Baker wrote:

That's not fair, Dave.  I don't know any Justice officials who would
criticize the Bill of Rights as hamstringing law enforcement.  More likely
this is a reference to the lack of procedures for a nationwide "trap and
trace" order that would allow the government to track hackers from one US
host to another without having to get a separate order in a local court for
each host.  It's fair to ask questions about this Justice proposal, but I
haven't heard anyone argue that it violates the Bill of Rights.

Well, as I recall, the Fourth Amendment says:

...no warrants shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and the
                 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
persons or things to be seized.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

(Forgive me if I missed a word or two here; this is from memory.)

Darn pesky Constitution. ;-)

--Brett Glass



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