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by Spooky23 1053 days ago
I didn't see "stuff stored on a computer hard drive" in the constitution either, just paper.
1 comments

So judges are smart enough to figure out that files on a computer are the equivalent of files on paper and the only reason they didn't spell that out is that they didn't exist at the time.

The analogy would then be that driving is the modern equivalent of walking or some other pre-automobile mode of transport. For that to be relevant you would then have to be making the case that driving is only a privilege and not a right because walking is only a privilege and not a right. Which you're not actually claiming, are you?

Travel is a right, sure.

Walking is a right, sure.

Driving a car is a reasonable parallel to pulling a carriage with a horse, sure.

Driving or carriages are akin to walking? No.

Everybody might have the right to walk that no one can take away from them, but everybody doesn't automatically have the right to a horse and the land required to support and feed that horse, to travel through a city with a horse on a daily basis without having to contribute back to the very real piles of horse shit a day in the hundred of tonnes that needs to be cleaned away, etc.

Some means of travel have wider social consequences, costs to the commons, that need to be addressed.

EDIT: Original versin of AnthonyMouse comment specifically mentioned a right to a horse and carriage.

    The analogy would then be that driving is the modern equivalent of walking or drawing a carriage with a horse, even if cars didn't exist 200 years ago. For this to be relevant you would then have to be making the case that driving is only a privilege and not a right because walking is only a privilege and not a right. Which you're not actually claiming, are you?
> everybody doesn't automatically have the right to a horse and the land required to support and feed that horse

No one is claiming that you have a right to have someone else buy you a car or a horse, any more than you have a right to have someone else buy you a radio station.

> to travel through a city with a horse on a daily basis without having to contribute back to the very real piles of horse shit a day in the hundred of tonnes that needs to be cleaned away

Ordinances that require you to clean up after your animal or have emissions controls on your car are orthogonal to whether you have a right to operate one in general.

They aren’t.

When you store paper in a self-storage shed, the police need a warrant. If you store a PDF on a shared electronic system, often it’s just a subpoena.

Google “third party doctrine” and the “Stored Communications Act”