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by tptacek 3755 days ago
I do not concede the point that "electronics" somehow bring controversies outside the scope of the Constitution. The Constitution didn't foresee electrical power, automobiles, or telephony either. Human air travel was a fantasy when the Constitution was drafted, and we didn't have to amend it to deal with airspace controversies.

What I do think is that people who are intimately involved with new technologies will tend to believe that the complexities of their technologies must somehow swamp the Constitution.

1 comments

I wish that wasn't true. But govt seems to think that way. Personally I think searching my laptop ought to be covered under freedom of the press, but it isn't. Email should get the same protections as snail mail, but no love there.

No, its not the technologists who don't get it.

Anyway to the point: we need to clarify if searching my house, and searching my person, and searching my laptop, and searching my cloud-based email history are in the same class. Hell, even searching my breath or blood isn't protected like they should be. Its a long way from clear, what Constitutional protections are extended to modern situation and which aren't. Technology has challenged everything we thought we knew.