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This seems to me to be a prime example of HN comment pedantry. The "right to privacy" and "privacy" are not even mentioned on the linked page. They are seeking
by jkldotio 13y ago
This seems to me to be a prime example of HN comment pedantry. The "right to privacy" and "privacy" are not even mentioned on the linked page. They are seeking to restore the fourth amendment against "unreasonable searches and seizures"
- anigbrowl 13y agoIt may be pedantry, but it has the virtue of being correct; because there's a lot of solid legal precedent holding that you don't have an expectation of privacy in things like communications metadata. When it comes to legal matters, it's what the courts say that matters, not what you think the fourth amendment ought to mean. Thus, the government needs a warrant to open your mail, but not to inspect the envelopes you send your mail in - and this was spelled out in 1878 (Ex Parte Jackson). The scope of what courts have considered to be unreasonable searches is actually fairly narrow. I'm all for rethinking the fourth (or better, adding a 28th). But restore it to...what? How you imagined it when you were in grade school?
- sliverstorm 13y agoIt may be pedantry, but it has the virtue of being correct THE problem with pedantry is not that it is incorrect.
- anigbrowl 13y agoThe problem with handwaving is that it just moves the air around.