Not fully, no. It depends on these factors: * Are you a US citizen? Then yes, fully. * Are you a non-US citizen, but on US land? Then yes, partially. * Are you a non-US citizen, but not on US land? Then a bit.
I just read a good article on this actually on Salon. There is apparently a lot of precedent on this going back to a few years after the Constitution was ratified, so apparently it's pretty much set in stone, with your obvious tweaking here and there over time by Congress and the Supreme Court (I suppose Executive Orders should be included, although those don't seem to be able to stand the test of time). For example, I don't believe the Fifth Amendment applies at all to anyone that is not a citizen and is outside the US. And that makes sense. It shouldn't. We call that "foreign intelligence." Other Amendments that don't fully apply are the First Amendment, clearly the Second, etc. Reminder: Let's keep this conversation friendly. --- Puryear IT, LLC - Baton Rouge, LA - http://www.puryear-it.com/ Active Directory Integration : Web & Enterprise Single Sign-On Identity and Access Management : Linux/UNIX technologies Download our free ebook "Best Practices for Linux and UNIX Servers" http://www.puryear-it.com/pubs/linux-unix-best-practices/ -----Original Message----- From: general-boun...@brlug.net [mailto:general-boun...@brlug.net] On Behalf Of Karthik Poobalasubramanian Sent: Friday, February 05, 2010 8:16 AM To: general@brlug.net Subject: Re: [brlug-general] Police to get more access to your data? IANAL but doesn't the US Constitution, with few exceptions, apply to all Citizens and non-citizens alike? -- Karthik Poobalasubramanian Louisiana Board of Regents kart...@poobal.net kart...@la.gov (225) 341-5855 skype: poobal On Feb 5, 2010, at 4:09 AM, John Hebert wrote: > My thoughts: > > 1) Use Freenet (http://freenetproject.org/) to store and share your data, as well as to chat and browse anonymously on an encrypted peer-to-peer network. Sure, it still depends on keeping your passphrase private, but how far would the FBI go to force someone to give their passphrase? Start practicing holding your breath underwater. > > 2) The article is misleadingly titled "Police want backdoor to Web users' private data" (http://news.cnet.com/8301-13578_3-10446503-38.html?tag=digg2), but it is about the results of a survey of some law enforcement officers. I was more worried about David Duke's poll surveys than this yellow journalism by Declan McCullagh. Shame, shame, SHAME on you Dustin for even mentioning this article on the mailing list. Oh, wait. It is your mailing list... > > 3) Law enforcement can and do use actual investigative techniques to find those who create child pornography (i.e.; photography of people less than 18 years of age performing sexual activity). A well-designed and secured network for law enforcement to do their jobs is a good thing. Think about this: law enforcement officials are using email now to exchange information about investigations. (!!!) > > It seems kinda ass-backwards for some law enforcement officials to take away the 5th Amendment for all US citizens because some citizens keep a collection of certain bits on the computers when there are cases of actual sexual abuse of children (again, under 18 years) within this country, not to mention other countries. Those US citizens who vote with their cable TV remotes and support taking away the 5th may not want to visit certain other countries. See http://en.wikipedia.org/wiki/Age_of_consent. Look for the big black spot on the map. > > 4) Stupid border guards don't know the difference between child pornography and hentai. > > Extra bonus points for comments on the philosophical problems involved with enforcing pornography laws perceived with analog interfaces. > > John > _______________________________________________ > General mailing list > General@brlug.net > http://mail.brlug.net/mailman/listinfo/general_brlug.net _______________________________________________ General mailing list General@brlug.net http://mail.brlug.net/mailman/listinfo/general_brlug.net _______________________________________________ General mailing list General@brlug.net http://mail.brlug.net/mailman/listinfo/general_brlug.net
