[14766] in Cypherpunks

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Re: Keep Out--The Journal of Electronic Privacy

daemon@ATHENA.MIT.EDU (Alan Westrope)
Sun Jun 5 17:13:51 1994

To: John.Schofield@f903.n102.z1.fidonet.org
Cc: cypherpunks@toad.com
From: adwestro@ouray.Denver.Colorado.EDU (Alan Westrope)
Date: Sun, 05 Jun 1994 14:43:18 -0600
In-Reply-To: <4670.2DF18F6B@mcws.fidonet.org>

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>                               Keep Out
>                   The Journal of Electronic Privacy
> 
>      There is a well-established constitutional right to privacy in the United
> States.  We have this right today because of the wisdom and forethought of our
> founding fathers.

Odd, but my copy of the Constitution (w/amendments) doesn't even contain
the word "privacy," let alone any mention of a "right to privacy."  (*Damn*
these variorum editions!)  There is the Fourth Amendment, of course, but
the right to be secure against unreasonable searches and seizures is not
synonymous with the right to privacy, IMO.

I believe it was in Katz v. U.S. (1967) that the Supreme Court first
enunciated the doctrine of a "reasonable expectation of privacy."  It's
interesting that it took the advent of telecommunications to bring this
issue to the fore -- Katz was a wiretapping case.  Of course,

#define IM_A_LAWYER  FALSE

And I may be wrong about all this, but it's too nice to stay inside and
confirm my facts.  :-)


Alan Westrope                  <awestrop@nyx.cs.du.edu>
__________/|-,                 <adwestro@ouray.denver.colorado.edu>
   (_)    \|-'                  finger for pgp 2.6 public key
S,W.E.A,T!  --  graffito at Moe's Pretty Good Gym

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