CDR: Re: Carnivore Probe Mollifies Some

[Tim May]

At 5:48 PM -0500 11/28/00, David Honig wrote:
>At 06:54 AM 11/28/00 -0500, Ken Brown wrote:
>>Of course if they leave the machine [Carnivore] in the cage you can always
>stop
>>feeding it electricity. Or take it home to show the neighbours. It might
>>make a good conversation piece at dinner. Or maybe use it as an ashtray.
>
>>At 10:36 PM 11/27/00 -0500, Tim May wrote:
>>CALEA has some onerous language in it, but it doesn't trump the
>>Fourth Amendment.
>
>
>You could try the Carnivore box against an implemention of your Second
>Amendment rights.  Unless the chassis were hardened you'd win.


I think a reasonable "quartering troops" (Third) case could be made, 
as requiring a government box to be quartered on one's property is 
certainly exactly what the Founders were worried about when they 
included the Third.

Generally, I hope CALEA/Carnivore gets challenged all the way to the 
Supreme Court.

Requiring someone to have a government machine on their property, 
recording _all_ traffic, is fully comparable to a requirement that 
t.v. cameras or microphones be permanently installed on private 
property. Violates the Fourth, for sure, and probably the Third, and 
possibly the First, and perhaps others parts of the Constitution.

I want Bush to become President so I can see at least a few years of 
another party in power before going ahead and advocating that they 
ALL be killed and that Weapons of Mass Destruction be used to 
eliminate the nest of vipers on the Potomac.

--Tim May
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