From: Black Unicorn
I believe the answer to preserving the purity of digital commerce is to form it in such a way so as to make regulation impossible, because in my view the constitution no longer provides citizens with the protection or freedom to progress. I feel the same way about privacy. All the constitutional arguments in the world mean little today. A systematic approach which makes violations of personal rights impossible whether constitutional or not is the answer. .....................................................
I, like others on the list, have often misunderstood your references to court cases and other legal stuff as indicators that you were being pessimistic, discouraging, and presenting obstacles to free-thinking, imaginative ideas.
The way in which you expressed yourself left out your true inclinations on the subjects, and it would only be someone who had read a large number of your posts who would realize what side of the issues you are really on.
I agree very much with what you say in the above paragraph about the constitutional arguments [by jove, I think he's got it :>)] So many times people (especially libertarian types) will present their protests in reference to constitutional issues. Yet there are some contradictions within the Constitution, or areas which sound that way, and which are therefore too easily misconstrued by present thinkers (judges, lawyers, etc.).
So often the document is referred to like a magic mantra which is going to take away the ills and boogeymen by waving it in front of their faces. But the document is not so well read, understood, nor respected by those in public office. It isn't used as a guide to move towards more self-reliance rather than less. I have heard from one political potentiate that his opponent (already in office) had not ever even read it.
You can't depend upon adherence to the Constitution to create the reality you're after (although, like a dart-shoot, you can always try and it does, after all, supply the basics for the established legal procedures and it's possible to set the fear of it upon government types by setting their feet to its fire - if you can pay for it).
(This gives me a sense of deja-vu: I think you and I had a long argument about this on the list, once.)
.. Blanc