AF Wrote:
> > Further, I don't think individuals owe any obligation to the law as to
> > the participants, form, content or retention of private communications.
> 
> Recognizing that the law does not agree with you, that's a valid opinion.
>
I don't think that the law requires me to make all communications
comprehensible or trackable or to get approval prior to creating the
contents or keep copies for later use. Please explain where the law does
not agree.

Let's avoid the mess that comes along with calling some sort of active
material a "communication" or the regulation that goes along with
certain RF channels and stick with conventional text, voice, image sorts
of communications.

Break a communication into three phases :

1. Composition
2. Transfer
3. Receipt

#1 is certainly legally unfettered - I can write, draw, speak whatever
the hell I please. I can record it on paper, on a hard drive or yell it
to the crowd at an A's game.

#2 is more subject to attack than #1 but is legally unencumbered - I can
address and transfer my data wherever I want to. I do not need to notify
anyone, keep any records, nor am I obliged to make the transfer or
contents observable.

#3 it's when someone takes offense that the consequences of speech may
be felt. This is where the fight is. It also happens to be, in the case
of adequate precautions having been observed in 1&2, too damn late to
object. 

I'm sure the law here in the US will try to adapt via a RIP-like
approach. Technology won't stand still and wait for the law to catch up.

Mike

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