Daily Archives: 21 January 2019

Privacy in a Technological World

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In a ruling rejecting an application for a search warrant, Magistrate Judge Kandis Westmore, operating in the Northern District of California, had this remark in particular.

Citizens do not contemplate waiving their civil rights when using new technology, and the Supreme Court has concluded that, to find otherwise, would leave individuals “at the mercy of advancing technology.”

Encouragingly, this remark also cited (via the quote in the remark above) a Supreme Court ruling, Carpenter v United States [citations omitted]:

We have kept this attention to Founding-era under-standings in mind when applying the Fourth Amendment to innovations in surveillance tools.  As technology has enhanced the Government’s capacity to encroach upon areas normally guarded from inquisitive eyes, this Court has sought to “assure[ ] preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted.” For that reason, we rejected in Kyllo a “mechanical interpretation” of the Fourth Amendment and held that use of a thermal imager to detect heat radiating from the side of the defendant’s home was a search. Because any other conclusion would leave homeowners “at the mercy of advancing technology,” we determined that the Government—absent a warrant—could not capitalize on such new sense-enhancing technology to explore what was happening within the home.

The Founders wrote our Constitution to be technology agnostic, and in fact there is no mention of technology qua technology in it.

Westmore’s ruling can be read here. Carpenter can be read here (it’s long).

The Paranoid Hysteria of Progressive-Democrats

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Presumptive Progressive-Democratic Party primary candidate for President in 2020 Congressman Eric Swalwell (D, CA) (who already has touted the use of the government’s nuclear weapons against any who disagree with his wish to limit our ability to keep and bear arms) is a core example.  The question, he says,

has “shifted” from “whether the president is working with the Russians” to “what evidence exists that the president is not working with the Russians?”

Because guilty on proof by Swalwell’s say-so.

And

I think that an unwillingness to sit down with the special counsel demonstrates a continued effort to obstruct and delay the inevitable[.]

Because no man—not even a President—has an obligation to cooperate with an investigation of that man.  Oh, wait—yes, he does; Swalwell says so.

And

“now we know” the notes from the 2018 summit in Helsinki have been “effectively destroyed” by the president.

Because a newspaper said so.

If Donald Trump took them, as the Washington Post story states, then they’re effectively in the hands of the subject and, you know, I don’t trust Donald Trump to turn them over.  We actually know in the past that he’s known to just rip up important pieces of paper and destroy them—notes that are important for presidential records. There’s been reporting on that. So, I see it as we have no way of obtaining the physical evidence now other than getting it from Donald Trump, someone who’s been wholly uncooperative.

It’s been reported.  What more proof is needed?  Well, here’s more: Swalwell doesn’t trust the President.  There it is.  Never mind that not even in that newspaper evidentiary story was there a claim that Trump had destroyed anything.

Can our nation—already harried by the identity politics and divisiveness of the Progressive-Democratic Party—afford such irrationality in the White House?