It's Time to Drop the 'Expectation of Privacy' Test

Discussion in 'privacy general' started by lotuseclat79, Mar 29, 2009.

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  1. lotuseclat79

    lotuseclat79 Registered Member

    Jun 16, 2005
    It's Time to Drop the 'Expectation of Privacy' Test dated 03.26.09, Commentary by Bruce Schneier

    There are several links in the article where the legal scholars point out a taxonomy of privacy, that search warrants should be written against individuals and not internet accounts (in terms of content vs non-content) with regard to the 4th Amendment to the US Constitution, and then reinterpreting the Constitution in terms of security.

    Schneier states his issues with all of these points-of-view.

    An excellent article.

    -- Tom
  2. Pedro

    Pedro Registered Member

    Nov 2, 2006
    Excellent indeed.
    Thank you.
  3. LockBox

    LockBox Registered Member

    Nov 20, 2004
    Here, There and Everywhere
    Excellent read. I especially like the summing up with his problem with the whole thing:

    "Reframing privacy in terms of security still results in a balancing of competing rights. I'd rather take the approach of stating the -- obvious to me -- individual and societal value of privacy, and giving privacy its rightful place as a fundamental human right."

    "The trick here is to realize that a normative definition of the expectation of privacy doesn't need to depend on threats or technology, but rather on what we -- as society -- decide it should be. Sure, today's technology make it easier than ever to violate privacy. But it doesn't necessarily follow that we have to violate privacy. Today's guns make it easier than ever to shoot virtually anyone for any reason. That doesn't mean our laws have to change."
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