[OT] but concerns all of us
legolas at legolasweb.nl
Thu Nov 17 14:58:16 UTC 2011
On Thu, Nov 17, 2011 at 09:02:39AM -0500, Rod Person wrote:
> As someone that has been stop because of how I look and where I live, I
> find the 'only those that break laws have reason to fear them argument'
> extremely naive.
It is not just naive, it is not an argument. If we would pass anything
under the idea of "nothing to hide", we could just drop all safeguards
in, for example, the remote search legislation (hacking of suspects by
the police). Or hand out search warrants for a complete neighbourhoud of
its probable that there are stolen goods in the area. Its merely a
comment, and I suppose its naive. Certainly in the light that privacy is
about "being able to develop your personality freely" and thus does just
concern what would happen if a country were to get a dictator, but also
with people feeling free enough to develop their own ideas on society.
Nevertheless, under European law, such legislation would probably not
pass as it is not a "proportional" impact on "privacy" (a human right,
article 8 of the European Convention on Human Rights) and thus not
"necessary in a democratic society". However, I'm not a law student and
also not from the USA, so I don't know how this would work out in
practice at the other side of the ocean.
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