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Author Topic:   Do you dare to search for pressure cooker now?
jar
Member (Idle past 423 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 211 of 272 (706287)
09-09-2013 9:39 AM
Reply to: Message 210 by Dogmafood
09-09-2013 8:51 AM


Re: guilty for being able
You have never had a right in the US to have a private conversation.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 210 by Dogmafood, posted 09-09-2013 8:51 AM Dogmafood has not replied

Replies to this message:
 Message 213 by NoNukes, posted 09-09-2013 10:50 AM jar has replied
 Message 217 by Theodoric, posted 09-09-2013 12:15 PM jar has replied

  
NoNukes
Inactive Member


Message 212 of 272 (706290)
09-09-2013 10:45 AM
Reply to: Message 210 by Dogmafood
09-09-2013 8:51 AM


Re: guilty for being able
Ah yes that is true. So you may not use it to talk to someone in another country.
No, that is not right either. You could not export encryption software beyond certain capabilities, but no law stopped you from importing such software from abroad or from using the software to communicate with foreigners.
There were no use restrictions at all. Just export restrictions. Attempts to legislate the use of encryption with backdoors have never been successful in this country.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
I believe that a scientist looking at nonscientific problems is just as dumb as the next guy.
Richard P. Feynman
If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass

This message is a reply to:
 Message 210 by Dogmafood, posted 09-09-2013 8:51 AM Dogmafood has replied

Replies to this message:
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NoNukes
Inactive Member


Message 213 of 272 (706291)
09-09-2013 10:50 AM
Reply to: Message 211 by jar
09-09-2013 9:39 AM


Re: guilty for being able
You have never had a right in the US to have a private conversation.
Not even with your lawyer?
I understand that you have a pretty narrow view of what constitutes rights, but I have no clue how you interpret the sixth amenmdment as not protecting the privacy of attorney client communications.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
I believe that a scientist looking at nonscientific problems is just as dumb as the next guy.
Richard P. Feynman
If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass

This message is a reply to:
 Message 211 by jar, posted 09-09-2013 9:39 AM jar has replied

Replies to this message:
 Message 214 by jar, posted 09-09-2013 10:57 AM NoNukes has not replied

  
jar
Member (Idle past 423 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 214 of 272 (706294)
09-09-2013 10:57 AM
Reply to: Message 213 by NoNukes
09-09-2013 10:50 AM


Re: guilty for being able
I would see that as unrelated to the Constitution and not a Constitutional Right.
The VI Amendment says nothing about privacy.
quote:
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 213 by NoNukes, posted 09-09-2013 10:50 AM NoNukes has not replied

Replies to this message:
 Message 215 by Rahvin, posted 09-09-2013 12:05 PM jar has replied

  
Rahvin
Member
Posts: 4046
Joined: 07-01-2005
Member Rating: 7.6


Message 215 of 272 (706297)
09-09-2013 12:05 PM
Reply to: Message 214 by jar
09-09-2013 10:57 AM


Re: guilty for being able
You're looking at the wrong amendment. The right to privacy is covered under Amendment IV, not VI:
quote:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
"Privacy" is defined as the security of your person, your papers, houses, and effects, and the freedom from any kind of unreasonable search or seizure. Warrants to invade this privacy can only be granted with probable cause, must be supported by an individual swearing that this probable cause actually exists (making them guilty of perjury if they lie to falsely obtain the warrant), and must be specific in what will be searched and what will be seized.
Also, for lawyer-specific privacy, I'd bet that relies on the Fifth:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Specifically the phrase prohibiting compulsion for self-incrimination. Talking to your lawyer about strategy could very, very easily fall under that umbrella.
Edited by Rahvin, : No reason given.
Edited by Rahvin, : No reason given.

The human understanding when it has once adopted an opinion (either as being the received opinion or as being agreeable to itself) draws all things else to support and agree with it. - Francis Bacon
"There are two novels that can change a bookish fourteen-year old's life: The Lord of the Rings and Atlas Shrugged. One is a childish fantasy that often engenders a lifelong obsession with its unbelievable heroes, leading to an emotionally stunted, socially crippled adulthood, unable to deal with the real world. The other, of course, involves orcs." - John Rogers
A world that can be explained even with bad reasons is a familiar world. But, on the other hand, in a universe suddenly divested of illusions and lights, man feels an alien, a stranger. His exile is without remedy since he is deprived of the memory of a lost home or the hope of a promised land. This divorce between man and his life, the actor and his setting, is properly the feeling of absurdity. — Albert Camus
"...the pious hope that by combining numerous little turds of variously tainted data, one can obtain a valuable result; but in fact, the outcome is merely a larger than average pile of shit." - Barash, David 1995...
"Many that live deserve death. And some die that deserve life. Can you give it to them? Then be not too eager to deal out death in the name of justice, fearing for your own safety. Even the wise cannot see all ends." - Gandalf, J. R. R. Tolkien: The Lord Of the Rings
Nihil supernum

This message is a reply to:
 Message 214 by jar, posted 09-09-2013 10:57 AM jar has replied

Replies to this message:
 Message 216 by jar, posted 09-09-2013 12:15 PM Rahvin has not replied

  
jar
Member (Idle past 423 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 216 of 272 (706298)
09-09-2013 12:15 PM
Reply to: Message 215 by Rahvin
09-09-2013 12:05 PM


Re: guilty for being able
But that is irrelevant to what I was discussing and also irrelevant to the example in the OP. The post you are replying to was in relation to Attorney Client Privilege. Note it is a privilege and a very restricted and limited on at that.
You have no right to privacy when it comes to what you say in public, what you say in a house that could be overheard by anyone outside, what you post on the internet, post using corporate communications system (except again in very limited instances usually involving patent, financial or trade secrets).

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 215 by Rahvin, posted 09-09-2013 12:05 PM Rahvin has not replied

Replies to this message:
 Message 219 by Theodoric, posted 09-09-2013 12:17 PM jar has replied
 Message 229 by NoNukes, posted 09-09-2013 2:36 PM jar has replied

  
Theodoric
Member
Posts: 9201
From: Northwest, WI, USA
Joined: 08-15-2005
Member Rating: 3.2


Message 217 of 272 (706299)
09-09-2013 12:15 PM
Reply to: Message 211 by jar
09-09-2013 9:39 AM


Re: guilty for being able
You have never had a right in the US to have a private conversation.
The courts would not seem to agree with you.
Edited by Theodoric, : ABE
oops double negative

Facts don't lie or have an agenda. Facts are just facts
"God did it" is not an argument. It is an excuse for intellectual laziness.

This message is a reply to:
 Message 211 by jar, posted 09-09-2013 9:39 AM jar has replied

Replies to this message:
 Message 218 by jar, posted 09-09-2013 12:17 PM Theodoric has not replied

  
jar
Member (Idle past 423 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 218 of 272 (706300)
09-09-2013 12:17 PM
Reply to: Message 217 by Theodoric
09-09-2013 12:15 PM


Re: guilty for being able
See Message 216.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 217 by Theodoric, posted 09-09-2013 12:15 PM Theodoric has not replied

  
Theodoric
Member
Posts: 9201
From: Northwest, WI, USA
Joined: 08-15-2005
Member Rating: 3.2


Message 219 of 272 (706301)
09-09-2013 12:17 PM
Reply to: Message 216 by jar
09-09-2013 12:15 PM


Re: guilty for being able
But
You have no right to privacy when it comes to what you say in public, what you say in a house that could be overheard by anyone outside, what you post on the internet, post using corporate communications system (except again in very limited instances usually involving patent, financial or trade secrets).
Is not the same thing as
You have never had a right in the US to have a private conversation.
Is it?

Facts don't lie or have an agenda. Facts are just facts
"God did it" is not an argument. It is an excuse for intellectual laziness.

This message is a reply to:
 Message 216 by jar, posted 09-09-2013 12:15 PM jar has replied

Replies to this message:
 Message 220 by jar, posted 09-09-2013 12:18 PM Theodoric has replied

  
jar
Member (Idle past 423 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 220 of 272 (706302)
09-09-2013 12:18 PM
Reply to: Message 219 by Theodoric
09-09-2013 12:17 PM


Re: guilty for being able
Correct. There are only a few places where you can have an expectation of privacy.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 219 by Theodoric, posted 09-09-2013 12:17 PM Theodoric has replied

Replies to this message:
 Message 222 by Straggler, posted 09-09-2013 12:28 PM jar has replied
 Message 224 by Theodoric, posted 09-09-2013 12:39 PM jar has replied

  
ringo
Member (Idle past 441 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 221 of 272 (706303)
09-09-2013 12:25 PM
Reply to: Message 208 by Dogmafood
09-08-2013 6:32 PM


Re: Your examples are not equivalent and in the OP no rights were infringed.
ProtoTypical writes:
By protecting the individual's rights we protect society.
The whole concept of society is based on giving up individual rights in favour of collective security and collective convenience in general. The reason we have police in the first place is to protect society from individuals. The ultimate individual right is the right to be a criminal.
ProtoTypical writes:
The spirit of the law demands that the protection be extended to all private communications.The letter of the law is dated and fails to do that.
What's dated is the ability to extend the protection. It used to be possible to protect yourself from danger by just running away but bows and arrows made that form of protection obsolete.
Sometimes you lose something and you can't turn back the clock to get it back.
ProtoTypical writes:
I guess that I cannot say how you value your privacy but everyone I know would object to having a conversation that they thought was private being listened to by some uninvited third party.
We weren't taking about objections. I object to you wearing that orange sweater but even you probably wouldn't enshrine that objection in law. I do object to your rudeness but I don't wish to prevent you from being rude.
If I want something to be private then I keep it damn well private. If I'm concerned with electronic eavesdropping, I keep it inside my own skull. If you can get it out of there, more power to you.
ProtoTypical writes:
I would at least expect the state to lend a hand in safeguarding my privacy and it should certainly not be the state that I have to guard against.
How far do you want the state to go?
Around here, we have people who go through garbage bins looking for cans and bottles to recycle. Should the state be throwing them in prison for violating our privacy?

This message is a reply to:
 Message 208 by Dogmafood, posted 09-08-2013 6:32 PM Dogmafood has replied

Replies to this message:
 Message 256 by Dogmafood, posted 09-11-2013 8:26 AM ringo has replied

  
Straggler
Member (Idle past 95 days)
Posts: 10333
From: London England
Joined: 09-30-2006


Message 222 of 272 (706304)
09-09-2013 12:28 PM
Reply to: Message 220 by jar
09-09-2013 12:18 PM


Re: guilty for being able
On the phone?
quote:
Lawful interception is officially strictly controlled in many countries to safeguard privacy; this is the case in all developed democracies. In theory, telephone tapping often needs to be authorized by a court, and is, again in theory, normally only approved when evidence shows it is not possible to detect criminal or subversive activity in less intrusive ways; often the law and regulations require that the crime investigated must be at least of a certain severity.[3] Illegal or unauthorized telephone tapping is often a criminal offense.
Link
Have you never watched The Wire?

This message is a reply to:
 Message 220 by jar, posted 09-09-2013 12:18 PM jar has replied

Replies to this message:
 Message 223 by jar, posted 09-09-2013 12:37 PM Straggler has not replied

  
jar
Member (Idle past 423 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 223 of 272 (706305)
09-09-2013 12:37 PM
Reply to: Message 222 by Straggler
09-09-2013 12:28 PM


Privacy
It depends on the situation and method of interception.
On land lines you may well have an expectation of privacy, but not from someone overhearing what you say. In addition if a party to a conversation records the conversation (totally legal in most countries) there is only limited privilege related to the recording.
But if you send email over that very same land line there is no expectation of privacy.
Never even heard of The Wire but since it was filmed in Baltimore I might have to take a look.
But the only connection or relevance to this thread is that the searches that began the issue were made on a corporate computer system. There you have almost no expectation of privacy.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 222 by Straggler, posted 09-09-2013 12:28 PM Straggler has not replied

Replies to this message:
 Message 226 by Rahvin, posted 09-09-2013 1:01 PM jar has replied

  
Theodoric
Member
Posts: 9201
From: Northwest, WI, USA
Joined: 08-15-2005
Member Rating: 3.2


(1)
Message 224 of 272 (706306)
09-09-2013 12:39 PM
Reply to: Message 220 by jar
09-09-2013 12:18 PM


Re: guilty for being able
So
You have never had a right in the US to have a private conversation.
Was unwarranted hyperbole or just plain outright false statement?
There are only a few places where you can have an expectation of privacy.
Well we may be quibbling over definition of the word "few". but the courts have traditionally had strong support for privacy rights and expectations of privacy.
You only listed three situations. The first is more situational then I think you are willing to allow. I live on 100+ acres. Therefore whther the conversation was private would be highly deoendent on how they heard it. If they were guests or someone working on the property it would not be private. If it were someone trespassing on the property they would have violated my reasonable expectation of privacy. If my neighbors house was 15 feet away or I lived in an apartment, my reasonable expectation of privacy would be different.
The other two are common sense. That being said there are other places to have a reasonable expectation of privacy. Like Montana.
Here is a good review of privacy and reasonable expectations.
Surveillance Self-Defense | Tips, Tools and How-tos for Safer Online Communications

Facts don't lie or have an agenda. Facts are just facts
"God did it" is not an argument. It is an excuse for intellectual laziness.

This message is a reply to:
 Message 220 by jar, posted 09-09-2013 12:18 PM jar has replied

Replies to this message:
 Message 225 by jar, posted 09-09-2013 12:45 PM Theodoric has not replied

  
jar
Member (Idle past 423 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 225 of 272 (706307)
09-09-2013 12:45 PM
Reply to: Message 224 by Theodoric
09-09-2013 12:39 PM


Re: guilty for being able
Yes, it could be said that it was "unwarranted hyperbole" but I would disagree.
I would say there was and is no "Right" to privacy except in the limited and specific areas where a privilege is granted.
I would say the default is No Right of Privacy.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 224 by Theodoric, posted 09-09-2013 12:39 PM Theodoric has not replied

  
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