From: Ross A. Finlayson (RAF@tomco.net)
Date: Mon Apr 12 1999 - 23:23:04 MDT
Hello again extropians list,
I'm writing again about the subject of privacy. In this e-mail, I focus
on privacy and how law enforcement violates it.
Law enforcement, defined, is the enforcement of laws of a country.
Generally, limited amounts of persons have law enforcement powers. In
the United States, law enforcement powers are a privilege, not any kind
of right at all.
Today, by the unconstitutional laws that have soiled the law books of
our country, "law enforcement", or shall we say, "illegal government law
enforcement" agencies have some legally defined un-Constitutional powers
to conduct illegal searches and monitoring of private individuals. This
is, as stated, un-Constitutional, as well as: un-American, cowardly,
base, "snoopy", ugly, un-American, and downright Orwellian.
Now, I don't have any kind of problem with constitutional law
enforcement only to the extent of protecting individual and civil
liberties, ie, within its Constitutional domain. Anything else is not
only not Constitutional, but base, cowardly, et al, as above.
Privacy, to some extent, is a right. It is a right because of the
consideration of some personal data as "owned". For example, if my name
was Joe B. Katzenhammer-Bulwar Jr., and somebody started sending e-mails
using my name to spam people, that would be a violation of my personal
data rights. This illustrates incompletely that personal data is
property. Others using personal data without permission is thus theft
of this property and subject to civil and possibly criminal
liabilities. Thus, while it is not covered in the Constitution or Bill
of Rights as a specific right, it is a right under the umbrella of other
rights. It is also noted easily that certainly no one else can
establish any kind of right to use personal data without permission.
The ability to aquire and use strong encryption to protect the integrity
of personal data over the Internet is thus, by extension, a right.
There are issues with national security with respect to encryption, but
that has absolutely nothing to do with illegal wiretapping and
un-Constitutional, unethical, communications interception, and the fact
that those things are illegal, unethical, and un-Constitutional.
Back to "law enforcement in regards to un-Constitutional electronic
communications privacy invasions", or shall we say, "goons", there is a
absolutely no legitimate reason to circumvent the tried and true warrant
and Miranda laws that assume the Consitutional "innocent until proven
guilty." Thus, current government operations in these regards is
un-Constitutional, thus illegal, and makes these government agencies
civilly and criminally liable for said invasions of privacy.
Acoording to the Freedom of Information Act, which might better be
termed the "Freedom of relatively unimportant information act" these
agencies also enjoy some un-Constitutional abilities to withhold what
information they do collect, this is base, et al, as stated above.
Now, I am elaborating on these reasons because I see these actions taken
by our government as travesties of justice and a shameful thing, and the
government deserves absolute examination and disclosure. I plan to
continue to, as I am able, expose un-Constitutional and illegal
government activities and as possible encourage their cessation and
dissolution. There is absolutely no Constitutional, moral, or ethical
reason for our government to pay voyeurs to spy on us. Rather, they can
pay us to voluntarily give some of our information.
The lucre that keeps the grinding gears of government running each day
is taxpayer money. Some of the tax-supported agencies are robbing you
and all Americans of personal data, and they should pay for that and
cease and desist.
On the subject of law enforcement, there are brave men and women who
each day protect citizenry and other good, Constitutional things.
In regards to "goons" and privacy, there are illegal, un-Constitutional,
institutional elements which should be abolished.
Ross F.
-- Ross Andrew Finlayson 202/387-8208 http://www.tomco.net/~raf/ "C is the speed of light."
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