| |
HumzaDSecondEssay 4 - 14 Feb 2016 - Main.EbenMoglen
|
|
META TOPICPARENT | name="SecondEssay" |
| | 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.
| |
> > | | | | |
< < |
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: | > > | 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. | | | |
< < | | > > | | | | |
< < | Note: TWiki has strict formatting rules for preference declarations. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of these lines. If you wish to give access to any other users simply add them to the comma separated ALLOWTOPICVIEW list.WTOPICVIEW list. |
|
Revision 4 | r4 - 14 Feb 2016 - 16:10:23 - EbenMoglen |
Revision 3 | r3 - 01 Feb 2016 - 17:16:09 - HumzaD |
|
|
This site is powered by the TWiki collaboration platform. All material on this collaboration platform is the property of the contributing authors. All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
|
|
| |