Interesting People mailing list archives

IP: Re: the Net needs to be public safety friendly, now


From: David Farber <dave () farber net>
Date: Mon, 17 Sep 2001 19:03:11 -0400


User-Agent: Microsoft-Entourage/9.0.1.3108
Date: Mon, 17 Sep 2001 13:25:07 -0400
Subject: Re: IP: Re: the Net needs to be public safety friendly, now
From: Kai Lui <kai () kailui com>
To: Dave Farber <farber () cis upenn edu>

Dave:

It is interesting that Brint analogized our right of privacy to our right to
bear arms. Both are derived from the Constitution: the former is implied
from the Due Process Clauses of the 5th and 14th Amendments; the latter
expressly granted by the 2nd Amendment. Neither is absolute.

We all have read the oft-quoted aphorism from Ben Franklin, which I
understand to be a favorite quote of yours:

"Those who would give up essential liberties for a measure of security,
deserve neither liberty nor security."

It has become a rallying cry of sorts for many civil libertarians who would
oppose any intrusion from law enforcement agencies, such as the installation
of Carnivore at ISPs and control of encryption technologies.

It seems likely that I lost a friend at the WTC. If I could have traded her
being alive for the FBI's seeing every piece of email I will ever write, I
would have jumped at the offer.

It's incomprehensible to me that the NRA, which opposes even sensible
regulations such as a 7-day waiting period for background checks, will not
budge from their position of an absolute, unfettered access to firearms of
all kinds, including assault weapons, so that one person might be saved.

Likewise, I cannot understand why anyone would not budge from their position
of an absolute right of privacy, which is NOT guaranteed by the
Constitution, so that 1 person might be saved.

I still agree with Ben Franklin; it is the definition of "essential
liberties" that is disputable.


Kai Lui
Attorney at Law
Computer Consultant



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