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Muni network ownership and the Fourth


From: Jay Ashworth <jra () baylink com>
Date: Tue, 29 Jan 2013 10:59:31 -0500 (EST)

----- Original Message -----
From: "Rob McEwen" <rob () invaluement com>

(C) The fact that the Internet is a series of PRIVATE networks... NOT
owned/operated by the Feds... is a large reason why the 4th amendment
provides such protections... it becomes somewhat of a "firewall" of
protection against Federal gov't trampling of civil liberties... but
if they own the network, then that opens up many doors for them.

Regular readers know that I'm really big on municipally owned fiber networks
(at layer 1 or 2)... but I'm also a big constitutionalist (on the first, 
second, fourth, and fifth, particularly), and this is the first really good
counter-argument I've seen, and it honestly hadn't occurred to me.

Rob, anyone, does anyone know if any 4th amendment case law exists on muni-
owned networks?

Cheers,
-- jra
-- 
Jay R. Ashworth                  Baylink                       jra () baylink com
Designer                     The Things I Think                       RFC 2100
Ashworth & Associates     http://baylink.pitas.com         2000 Land Rover DII
St Petersburg FL USA               #natog                      +1 727 647 1274


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