progression of technologies

dan at geer.org dan at geer.org
Fri Jul 10 08:58:12 PDT 2015


Tom Ritter writes:
 | On 24 June 2015 at 22:26,  <dan at geer.org> wrote:
 | > Paraphrasing Bonnie Raitt, let's give 'em something germane
 | > to argue about.  In particular, what do I have wrong here:
 | >
 | > http://www.csmonitor.com/World/Passcode/Passcode-Voices/2015/0617/Opinion-The-reasonable-expectation-fallacy
 | 
 | I'm far from certain, but I think what you have wrong is the notion
 | that wavelength doesn't matter. I think the courts have decided it
 | does: https://en.wikipedia.org/wiki/Joffe_v._Google,_Inc.#U.S._Supreme_Court
 | 
 | Specifically, "most of the general public lacks the expertise to
 | intercept and decode payload data transmitted over a Wi-Fi network."
 | Therefore the notion that you can point whatever sort of 'camera' you
 | want at people to capture them isn't accurate.  (The other relevant
 | case is that the police do need a warrant to point infrared cameras at
 | people's houses.)


Well, now we are into dueling Supreme Court cases; see

http://caselaw.findlaw.com/us-supreme-court/533/27.html

   Kyllo v. United States (2001)

   Despite the Court's attempt to draw a line that is "not only
   firm but also bright," ante, at 12, the contours of its new rule
   are uncertain because its protection apparently dissipates as
   soon as the relevant technology is "in general public use," ante,
   at 6-7. Yet how much use is general public use is not even hinted
   at by the Court's opinion, which makes the somewhat doubtful
   assumption that the thermal imager used in this case does not
   satisfy that criterion. In any event, putting aside its lack
   of clarity, this criterion is somewhat perverse because it seems
   likely that the threat to privacy will grow, rather than recede,
   as the use of intrusive equipment becomes more readily available.

That reads, to me, that what the public adopts limits what I can
do or expect.

http://geer.tinho.net/geer.rsa.28ii14.txt

   We Are All Intelligence Officers Now
   ...
   In short, we are becoming a society of informants.  In short, I
   have nowhere to hide from you.



--dan





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