On Mon, 2004-01-12 at 15:48, Tim May wrote:
(Though of course this is only the _theory_. The fact that all of the Bill of Rights, except perhaps the Third, have been violated by the Evildoers in government is well-known.)
A few years ago I wrote a short paper looking at government-installed
snoopware in terms of the 3rd A. Given that the other BoR amendments
have been broadly interpreted in light of new technology, it's
reasonable to view software as "soldiers". In light of the Scarfo case
(keyboard sniffer software installed in a black-bag operation, ca. 1990)
I'd argue that the Fedz have violated the 3rd A. (My paper was before
Scarfo, so I claim some prescience. Alas.)
During the Carnivore debate, I argued that mandatory placement of computer agents in systems was equivalent to quartering troops:
< http://www.mail-archive.com/[EMAIL PROTECTED]/msg03198.html>
"The Third Amendment, about quartering troops, is seldom-applied.
"But if I own a computer and I rent out accounts to others and the FBI comes to me and says "We are putting a Carnivore computer in your place," how else can this be interpreted _except_ as a violation of the Third?"
This was from July, 2000. I believe it also came up in earlier discussions, including in a panel I was on with Michael Froomkin at a CFP in 1995.
--Tim May
