Law in the Internet Society

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HumzaDSecondEssay 4 - 14 Feb 2016 - Main.EbenMoglen
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 In this sense, infringing on privacy is not necessarily the meaningless destruction of an untouchable liberty. Rather it is a necessary evil that we have a duty to contemplate if that infringement can in fact preserve other serious rights.

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You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:
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I don't understand the point of the draft. "Mass surveillance" isn't a matter of taking aerial photographs, or streaming overhead video. The argument in favor of A on the basis of the crime-preventing value of B isn't logically sound regardless of A, B, or the nature of the "crime-stopping" involved. Listening to all phone calls and text messages in a society, keeping lists of everyone everyone knows, mining all sources of data for predictive modeling of all citizens, may be supposed to prevent lots of crime. So what? The place where the argument here is weak is the only place that really matters: why does the ability to reduce future risks justify restriction of freedom in the first place, and how far?

Nor do I understand how collecting of secret information about people is supposed to prevent illegal detention. Habeas corpus proceedings have for 350 years been sufficient to prevent illegal detention in England and the United States, so long as the procedural availability of the remedy wasn't constricted. "We don't know enough to know whether this person is dangerous" is not a constitutional reason for any detention, so "you can't argue that you don't know enough to let him out because you know everything" isn't a meaningful line of constitutional attack, much less one that would be a sufficient reason to allow government to know everything.

I can't tell whether the logical failures in this draft, which are simple and fundamental, result from your not really believing what you are arguing, or from a failure to test your arguments against tough opposition. Either way, the route to improvement here is to establish either the arguments you really want to make, or the method by which you strengthen these existing arguments against the most effective and persistent foreseeable opposition.

 
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Revision 4r4 - 14 Feb 2016 - 16:10:23 - EbenMoglen
Revision 3r3 - 01 Feb 2016 - 17:16:09 - HumzaD
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