On Wednesday, May 2, 2001, at 08:07 AM, David Honig wrote: > At 06:14 PM 5/1/01 -0700, Tim May wrote: >> The real argument is that commanding a person to keep records of whom >> he >> communicates with (which is what a log of messages is all about) is a >> slam dunk violation of the First Amendment. It is no more acceptable >> than an order commanding Alice to record in a log the names of all >> those >> persons she speaks with. > > Freedom of *association* too ---no obligation to keep even headers > (traffic > analysis data) either. The First Amendment includes free association. > My comment re: 'congress paying for it' was an oblique reference to > congress realizing they had to pay for CALEA. > And I say the criticism of CALEA based on the cost of implementing it was wrong-headed. Since the government can distribute taxpayer's money, they can dole out some bucks. This doesn't change the fact that CALEA and Carnivore are intrusive and violative of private property. (Though a couple of legal scholars agreed with Cypherpunk analysis that it could be one of the few actual court cases involving "the quartering of troops," in that a requirement that a CALEA box, or a Carnivore box, is a kind of forced accomodation for agents of the government, i.e., quartering of troops.) --Tim May
