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Sternlight on Privacy
(one post of many on the subject)

"Once and for all. There is NO right to privacy under general circumstances. When you walk down the street you have no right to privacy. You may be photographed, eavesdropped on, etc. When you get a phone, you have to pay extra for an unlisted number, so there is no right to privacy there. When you take Federal funds, as for example in going to a college that is subsidized in any way by the government, you give up many privacies. When you accept welfare, you even give up the right to privacy in your home--welfare inspectors may come at any time.

When you adopt a child, you give up much privacy with respect to the adoption laws. The examples are myriad.

Thus you cannot assume a priori that there is some inherent right to privacy in crypto. Of course you WANT privacy--that's why you are using crypto. But wanting privacy and being legally entitled to it are quite different matters.

Any right to privacy in crypto derives from other legal rights such as security in papers or the person. But such rights are strictly circumscribed in the Constitution with respect to other powers of government, so they are cast in terms of due process, etc. rather than in the absolute. Even the seeming absolutes in the Constitution aren't. "no law" seems to allow public support of religious schools according to a Court decision last week.  "No law" seems not to apply to falsely shouting "Fire!" in a crowded theatre. Freedom of the press seems to apply only to those who own presses.  "No law" seems not to apply to gun licensing. The exceptions are legion and thus some care is required in taking absolutist positions."
Source: Message ID  < 364E1D28.AE662A1E@sternlight.com >


This FAQ is NOT authorized, endorsed, reviewed, authored nor supported in any way by Mr. Sternlight. It is an independent compilation of quotations gleaned from Mr. Sternlight's newsgroup posts, opinion and public dialogue related to this prolific newsgroup poster and famous "net personality" and public policy advocate. Interested readers are invited and encouraged  to read the entire context of Mr. Sternlight's quotes, using search engines such as DejaNews. (Note there is a newsgroup named "alt.fan.david-sternlight".) Mr. Sternlight posts most frequently to comp.security.pgp.discuss and alt.privacy and has several  thousand posts on USENET public newsgroups, as reported by DejaNews search, on various subjects including  patents, licensing, cryptography, and public policy on those matters. His prolific and frequent public policy advocacy in crypto newsgroups focuses primarily on the US government policy, currently in robust public debate, regarding strong encryption and privacy issues, but also on patent, copyright, trademark and licensing issues. All product and service names are the property of their owners.