[14769] in Cypherpunks
Re: Keep Out--The Journal of Electronic Privacy
daemon@ATHENA.MIT.EDU (Michael Handler)
Sun Jun 5 18:38:01 1994
From: grendel@netaxs.com (Michael Handler)
To: adwestro@ouray.Denver.Colorado.EDU (Alan Westrope)
Date: Sun, 5 Jun 1994 18:31:03 -0400 (EDT)
Cc: John.Schofield@f903.n102.z1.fidonet.org, cypherpunks@toad.com
In-Reply-To: <cZZyjaa0iQnI065yn@ouray.denver.colorado.edu> from "Alan Westrope" at Jun 5, 94 02:43:18 pm
> 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,
I was told/taught/have read that _Griswold v. Connecticut_
(1965?) was a key case in defining the "Constitutional Right to Privacy."
Briefly, Griswold was representing Planned Parenthood, and was
challenging a CT law that made it illegal to give information about birth
control to anyone except married couples. The Supremes said that this was
an undue invasion of privacy, and that there *was* a Constitutional right
to privacy. They neglected to specify exactly where it was, though. ;)
However, they suggested that it was held somewhere under the Ninth Amendment.
Of course, 'assert (Mike == LAWYER);' fails during runtime. YMMV.
--
Michael Brandt Handler <grendel@netaxs.com>
Philadelphia, PA, USA PGP v2.6 public key via server / finger / mail
"I am iron, I am steel, nobody can touch me when I'm on the wheel" -- Curve
