Privacy

Privacy Rights, Operational Data, and the US Government

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Several readers have written me that privacy has no place in US Law, and was only discovered as an emanation from a penumbra (in Justice Douglas’s words). I think that this is a profound misreading of the constitution, arising from an awful ruling in a good cause in the 1870’s. The Slaughterhouse Case created a framework that profoundly limited the privileges of citizenship, gutting a key component of the 14th amendment, and by implication, eliminating the 9th amendment from any real meaning.

The 9th amendment, the shortest and simplest of the bill of rights...

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Spam & Smart Grid Operations, Privacy & Civil Rights

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Spam has changed how we think about email, and automated monitoring and control needs to change how we think about privacy. If you make something very much easier and cheaper, it is no longer what it once was. Smart phones, smart buildings, and smart grids are now at the center of privacy law. Privacy is the ground upon which the battle for the preservation of the 4th amendment will be won or lost.

A serious of court decisions, each looking more to a desired end than to the constitution, are using technology to redefine what “reasonable” means in the 4th amendment to the US Constitution. If we are not careful, smart grids might destroy the last remaining realms...

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The Fourth Amendment and Smart Grids

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If we are not careful, smart grids are in direct collision with the bill of rights. Some smart grid activities define or enable business practices for balancing energy supply and demand. There is a direct link between commonly accepted business practices and some definitions of our constitutional rights. With the best of intentions, we may be casually removing significant barriers to some of our most cherished freedoms...

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