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#1 |
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Banned
Join Date: Oct 2007
Location: The Land of Pleasant Living
Posts: 8,932
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America Says: RETHINK PRIVACY
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#2 |
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Banned
Join Date: Sep 2002
Posts: 26,985
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Have you got: A drivers license? Social security number? Passport? Banking accounts of any sort? Bank or credit loans? A military number? Doctor's or dental records? A criminal record? Submitted any tax returns? Registered to vote?
You're on file, baby! ![]() The only way to get out of the system, Jerome, is to give all these up, change you name, go live in a shack in the woods in Montana, live off what you hunt and reap yourself, and write a manifesto. Or emigrate to a country without all these facilities. So shall we be waving you goodbye at the train-station soon? |
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#3 |
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Muse
Join Date: Sep 2007
Posts: 666
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Here's how privacy reads in the constitution:
Fourth Amendment:
Quote:
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You'll find no explicit right to privacy in the constitution, let alone a right to anonymity. Furthermore, from the article posted, and what this is really about:
Quote:
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__________________
It seems that I know that I know, What i would like to see, Is the I that knows me, When I know that I know that I know. |
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#4 |
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Critical Thinker
Join Date: May 2006
Location: Cape Town
Posts: 360
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Responsibility is inseperable from accountability, which in turn demands the acting agent's identity. Many of the freedoms we enjoy in society are commensurate with the degree to which we are responsible; for example, you are allowed to drive on public roads, but only if you have a license that certifies you as a capable and responsible driver.
However, where actions conform to the no-harm rule, then there is no legitimate reason for demanding the identity of persons engaged in such actions; and this is usually recognized as part of a "right to privacy". So when Donald Kerr says "Privacy can no longer mean anonymity", he is talking total crap. What he is really saying is that modern technology has given the state the ability to tap in on private communications, and that he would like to use it as a convenient tool to snoop in on people's lives on the off chance they say something naughty or suggestive; even though merely saying something naughty in private causes no harm. If you disagree, and think the state has the right to monitor private conversations en masse, then what about monitoring peoples locations (you carry a cell phone, don't you?); or purchasing patterns (you have a credit card, don't you)? And how about merely thinking something naughty; technology will catch up with that too eventually, and then are we all going to have to walk around with thought monitors? All of these activities are no-harm activities, and should be protected under an inviolable right to privacy rule. If you don't adhere to such a principle, there's nothing to stop you heading down the slippery slope to join Big Brother. |
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#5 |
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Creativity Murderer
Join Date: Feb 2007
Location: Graham, WA
Posts: 6,928
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That's a really long slippery slope argument, you know.
In any case, what they're saying is this: while you can't be anonymous much anymore, that does not mean they should have your purchasing data.. it's finding a balance. |
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__________________
Don't mind me. |
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#6 |
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Illuminator
Join Date: Aug 2002
Location: Blanchester, OH
Posts: 4,930
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The purpose of the Constitution is not to enumerate our rights. It's to limit the power of the government. Can you even imagine what it would be like if the ONLY rights we had were those enumerated in the Constitution? Certain rights which the founders knew any government might be inclined to deprive people of and which considered to be especially significant were enumerated in the Bill of Rights, but they hardly were intended to be a comprehensive list of our rights.
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Wasting away in Blanchester. ![]() |
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#7 |
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Graduate Poster
Join Date: Jul 2005
Posts: 1,383
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#8 |
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Howling to glory I go
Join Date: Jun 2006
Posts: 9,621
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In that sense the Bill of Rights was slightly counterproductive. If there had been a larger emphasis on "If you wish to restrict behavior, your justification MUST be found in the constitution" then people would have been less likely to buy into the prevalent notion that the government allows us rights rather than us allowing the government powers.
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__________________
If people needed video games to live, a national single payer plan to fund those purchases would be a great idea. |
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#9 |
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Critical Thinker
Join Date: Aug 2007
Posts: 304
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It is not likely that our rights will be lost by some large event or process.
It is more likely these will be eroded in small steps. Unfortunately the Bush administration has taken several of these small steps. Is the current era of fanatic anti-American, anti-West activity really a threat to us? Some groups can do us harm but can they really take us down? Will we do more harm to ourselves because we now determine our lives and future based on fear? Stand up! Tell our government that we will not accept this! |
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#10 |
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Banned
Join Date: Oct 2007
Location: The Land of Pleasant Living
Posts: 8,932
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The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
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#11 |
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Banned
Join Date: Oct 2007
Location: The Land of Pleasant Living
Posts: 8,932
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Does the constitution GIVE the power of observation of citizens to the governmnet?
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#12 |
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Thinker
Join Date: Sep 2007
Posts: 202
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Does it give the power of establishing a military? Then yes, it does.
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#13 |
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Guest
Join Date: Jul 2005
Posts: 23,642
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Stop it. Please. Stop shouting at me in giant, bolded fonts. Your argument is no stronger for all the special effects, okay? And you aren't even making an argument here--you're just quoting a document. This is wasted on me, and I doubt I'm alone. I want to hear what you think, your reasons, and I want to be able to read them without feeling like you're standing nose-to-nose with me, shouting and getting spittle on my cheeks. Please chill with the huge fonts, odd spacing, and other visual tricks and present me a cogent argument with which I can agree or argue. Respect me that much, please? |
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#14 |
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Cuddly Like a Koala Bear
Join Date: Jul 2007
Location: Florida
Posts: 7,276
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#15 |
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Banned
Join Date: Oct 2007
Location: The Land of Pleasant Living
Posts: 8,932
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#16 |
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Banned
Join Date: Oct 2007
Location: The Land of Pleasant Living
Posts: 8,932
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#17 |
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Scholar
Join Date: Aug 2007
Posts: 63
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Damn Commies
The Soviet threat was one based on conventional military danger, and nuclear warfare. What infiltration based threat they actually posed was in the realm of espionage (which kills a very small number of people in peacetime), or special forces missions in support of the possible outbreak of world war three (in which case, I doubt anyone would be alive long enough to be too worried about much of anything).
The Soviets never snuck into our country, mounted attacks, and killed 3,000 of our citizens. Further, the Soviets could be deterred, and generally where quite open to sitting down and talking things out after posturing was made and face saved. The terrorists we're facing have little interest in deterrence (at that, how do you threaten the infrastructure of small groups and individual actors), and their version of diplomacy leaves much to be desired. In short, your connection of the terrorist threat and the cold war is less than solid. Privacy has changed, government control or not. If you don't like it, there's plenty of space in Montana you can go hide in. Property is cheap, and your neighbors are pretty far away. |
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#18 |
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Banned
Join Date: Oct 2007
Location: The Land of Pleasant Living
Posts: 8,932
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#19 |
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Proactive Untwister of Octagonal Hippopotamus Pants
Join Date: Dec 2005
Location: Miami, Fl
Posts: 10,225
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__________________
Definition: 'Love' is making a shot to the knees of a target 120 kilometers away using an Aratech sniper rifle with a tri-light scope. Statement: This definition, I am told, is subject to interpretation. Obviously, love is a matter of odds. Not many meatbags could make such a shot, and fewer would derive love from it. Yet for me, love is knowing your target, putting them in your targeting reticle, and together, achieving a singular purpose, against statistically long odds. -HK-47 |
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#20 |
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Master Poster
Join Date: Sep 2002
Posts: 2,074
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Privacy is not a power, so that's irrelevant. The ninth amendment is more appropriate, but the problem is with that is that even though something not being in the constitution doesn't make it not a right, it also doesn't make it a right either. It's just something that needs to be decided later on.
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__________________
Never attribute to malice that which can be adequately explained by stupidity. -- Hanlon's Razor |
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#21 |
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Guest
Join Date: Jul 2005
Posts: 23,642
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Aw, gimmie a hug!
(And go ahead and use italics and bold, you silly person; just please don't make them 9 feet high and screaming.)Now then, I really don't know that much about Consitutional law. But I don't think the limitation you describe is accurate. The Constitution is a living document, for one thing; it can, has, and does change. Can you provide me some evidence that your position is correct? Some place whre the law actually says this, or a USSC decision deliniating this? It just doesn't sound correct to me, but as I said, I don't know much about it. |
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#22 |
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Crone of War
Join Date: Feb 2006
Posts: 7,010
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This does not follow. Sure, I might have voluntarily given my information to amazon.com but that doesn't mean I intended this information for anyone else than amazon.com and the parties involved in their privacy policies.
I am extremely wary of anything called a "data mining firm" (that reeks of spammers to me) and is there really a way to account for all their data to have been obtained legitimately? Doubtful. |
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#23 |
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Metasyntactic Variable
Join Date: Oct 2006
Posts: 6,633
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__________________
Belief is the subjective acceptance of a (valid or invalid) concept, opinion, or theory; Faith is the unreasoned belief in improvable things; and Knowledge is the reasoned belief in provable things. Belief itself proves nothing.
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#24 |
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Banned
Join Date: Oct 2007
Location: The Land of Pleasant Living
Posts: 8,932
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#25 |
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Banned
Join Date: Oct 2007
Location: The Land of Pleasant Living
Posts: 8,932
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#26 |
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Banned
Join Date: Oct 2007
Location: The Land of Pleasant Living
Posts: 8,932
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A,S,L ?
![]()
Quote:
The term "living document" is relatively new, 1937. Why would anyone sign a contract that could be "re-defined" at the whim of one party of said contract? Would you sign such a contract?
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The constitution is the overriding law. There are zero laws outside of a constitutional amendment that supersede the constitution. The constitution states that the government can only do what the constitution explicitly states it can do. You do understand that the States are sovereign and the constitution is a contract between these sovereign States? |
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#27 |
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Master Poster
Join Date: Sep 2002
Posts: 2,074
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Of course information is power, but it's not a power. A power is the ability to do some sort of specific task, like the power to coin money or establish post offices. Information, to contrast, is merely power in the sense that it facilitates any task a person might want to do. The ability to acquire such information is, of course, a power, but it is one that is rather easy to read into the enumerated powers. Because information is such a source of power, and because the Federal Government having access to information does not deprive the states and the people from having those powers, it seems rather clearly neccesary and proper as long as it does not break any right to privacy.
It is my opinion that various parts of the Constitution (in particular the fourth amendment and some "umbrella right" finagling) imply a right to privacy. But I just don't see how you can read it out of that part of the constitution. |
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__________________
Never attribute to malice that which can be adequately explained by stupidity. -- Hanlon's Razor |
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#28 |
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Banned
Join Date: Oct 2007
Location: The Land of Pleasant Living
Posts: 8,932
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#29 |
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Master Poster
Join Date: Sep 2002
Posts: 2,074
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Yes, yes it is. (Well, it's not just that, since citizens rights are clearly being defined, and the fourteenth amendment states that these rights are more than merely restrictions on the actions of the Federal government. But the delineation of Federal powers is an important part of it, certainly. And furthermore, it is also very clear in the constitution that the only powers the federal government has are those given to it in the constitution, but that this is not the case of rights, and that people may have any number of "unenumerated rights.") But the ability to acquire information is clearly necessary to regulate commerce successfully, to provide for the common defense and general welfare, to punish counterfeiters, and to punish crimes on the high seas. The only question, therefore, is whether it is "proper" for the federal government to peek into people's lives. That is, whether people have a specific right to privacy.
(Of course, the argument could be made that it's not really necessary to intrude into people's private lives, and I would be sympathetic with that argument, but the problem is that necessary is relative. It's not "really necessary" for Congress to have its own building, they could just meet out in the woods or whatever. Since I'm not a lawyer (let alone a constitutional lawyer), I don't really know "how necessary" something needs to be to be constitutionally necessary as in the phrase necessary and proper. But sounds plausible enough.)
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__________________
Never attribute to malice that which can be adequately explained by stupidity. -- Hanlon's Razor |
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#30 |
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Banned
Join Date: Oct 2007
Location: The Land of Pleasant Living
Posts: 8,932
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