more on Peter Swire on why Alito's co-authored report isn't very informative [priv]

[David Farber <dave () farber net>]

Begin forwarded message:

From: Marc Rotenberg <rotenberg () epic org>
Date: November 3, 2005 4:45:21 PM EST
To: Peter Swire <peter () peterswire net>
Cc: David Farber <dave () farber net>
Subject: Re: [IP] Peter Swire on why Alito's co-authored report isn't  
very informative [priv]

Peter -

Your commentary is a little disappointing.

- It's an amazing paper - forward-looking,
  emphatic, and unambiguous. I've read a
  lot of papers from that era; it's one of the
  best.

- Alito chaired the committee, guided the
  research, and wrote the foreward - it's
  difficult to imagine he didn't agree with
  the bulk of the recommendations

- The focus was clearly on legislative reform.
  That may not tell us much about his views
  on the Constitutional right of privacy but
  it suggests a very interesting line of
  questioning on how a Justice might view
  statutes that seek to safeguard privacy

Roberts, by comparison, went out of his
way to argue against federal privacy
statutes and even mocked the 1974
reforms in one argument against FERPA.

Regards.

Marc.

On Nov 3, 2005, at 4:13 PM, Peter Swire wrote:

> Hi Marc:
>
>     Hope you are well.  Congrats for finding the student paper that
> Alito helped author.
>
>     This might have gotten to you from Declan's or Farber's list, but
> below are my 2 cents from having been in the same major at college  
> at Alito
> about what we likely can or cannot learn from the document.
>
>     Best,
>
>     Peter
>
> P.S.  What are you saying about Microsoft's announcement?
>
> Prof. Peter P. Swire
> C. William O'Neill Professor of Law
> Moritz College of Law of the
>    Ohio State University
> Visiting Senior Fellow, Center for American Progress
> (240) 994-4142, www.peterswire.net
>
> -----Original Message-----
> From: David Farber [mailto:dave () farber net]
> Sent: Thursday, November 03, 2005 2:54 PM
> To: peter () peterswire net
> Subject: [IP] Peter Swire on why Alito's co-authored report isn't very
> informative [priv]
>
>
>
> Begin forwarded message:
>
> From: Declan McCullagh <declan () well com>
> Date: November 3, 2005 11:14:21 AM EST
> To: politech () politechbot com
> Subject: [Politech] Peter Swire on why Alito's co-authored report
> isn't very informative [priv]
>
> Previous Politech message:
> http://www.politechbot.com/2005/11/02/copy-of-judge/
>
> -------- Original Message --------
> Subject: RE: [Politech] Copy of Judge Alito's co-authored report on
> privacy now available [priv]
> Date: Thu, 03 Nov 2005 11:00:36 -0500
> From: Peter Swire <peter () peterswire net>
> To: 'Declan McCullagh' <declan () well com>
>
> Hi Declan:
>
>     A few comments on the privacy report from Judge Alito's college
> days.
>
>     First, I was in the same major at Princeton as Judge Alito,  
> several
> years behind him.  These "policy conference" reports were
> emphatically group
> efforts, usually with negotiation, joint drafting, and the other
> hallmarks
> of a group project.  The final report provides little evidence of any
> one
> participant's views.
>
>     Second, the hot-button part of the story is this recommendation:
> "The Conference voted to recommend that the current sodomy laws be
> changed.
> The Conference believes that no private sexual act between consenting
> adults
> should be forbidden."  Note the language "the Conference voted."
> That is
> the only indication of voting in the report, suggesting that a  
> minority
> objected.  Also, note that this seems like a proposed legislative
> change --
> vote to change the laws.  So there is no indication of a position  
> on the
> constitutional right of privacy.
>
>     Overall, the report is an impressive student effort to analyze the
> issues.  Many of its recommendations have become law through the  
> Privacy
> Act, the Church Commission recommendations, the anti-polygraph law,
> and so
> on.
>
>     The report suggests that Judge Alito studied these issues
> intensively.  It does not tell us what he believed then, or believes
> now.
>
>     Peter
> _______________________________________________
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