da http://falkvinge.net/pirate-wheel/principles/privacy/
These privacies may only be violated by dedicated authorities on concrete, prior, andindividual suspicion of a specific, committed, and serious crime. Let’s see what this means: Dedicated authorities: Only law enforcement may break the privacy. Your doctor and dentist, for instance, will always be on your side. You will always know which authority has which role in society — and only law enforcement works with enforcing law and potentially violating your privacy in working against you. Concrete suspicion: If privacy is to be violated, it must be because of a formal, concrete suspicion. Usually this means that somebody has been identified as a suspect somewhere in a file. Prior suspicion: Privacy may only be violated after suspicion of a crime has been identified. Individual suspicion: Privacy may only be violated after the suspect has been individually identified. Violating the privacy of many citizens to find the suspect is a violation of the fundamental rights of these citizens; they would not be under individual suspicion when that happens. Specific crime: If your privacy is to be violated, you must be under suspicion of a specific crime — say, the bank robbery on May 15, 2010 against Sillybank Ltd on King’s Road in Duckville, Kansas. You cannot be under suspicion for bank robbery in general. Committed crime: The dedicated authorities may only violate your privacy for an already-committed crime, and never to prevent you from committing one. Your decisions are yours right up until the point where you may or may not choose to break the law. Serious crime: The dedicated authorities may only violate privacy for a serious crime. Where this limit lies will vary from legislation to legislation, but let’s establish that murder is serious and that shoplifting is not. Typically, the limit would vary between the different kinds of privacy, but a baseline would be an expected six months in prison as a minimum seriousness for violating any privacy. In violating somebody’s privacy, the dedicated authorities are on their own. Under no circumstance may they demand the cooperation of the suspected citizen in violating his or her own privacy, such as demanding a surrender of passwords, in the process of conducting an investigation. No person can be obligated to incriminate nor clear him- or herself of guilt. Further, they may only use material against an individual that was gathered with the goal of investigating the specific crime which justified violating privacy in the first place. Unwillingness to voluntarily surrender privacy rights is never grounds for suspicion of any crime. _______________________________________________ Open mailing list [email protected] http://lists.partito-pirata.it/cgi-bin/mailman/listinfo/open
