Path: utzoo!utgpu!news-server.csri.toronto.edu!bonnie.concordia.ca!uunet!rsiatl!jgd
From: jgd@Dixie.Com (John G. DeArmond)
Newsgroups: comp.org.eff.talk
Subject: Re: Privacy of personal data (was Re: Personal Privacy Violations)
Message-ID: <5776@rsiatl.Dixie.Com>
Date: 11 Jan 91 22:26:03 GMT
References: <1991Jan06.230231.21840@hoss.unl.edu> <1991Jan10.204101.29296@hoss.unl.edu>
Organization: Rapid Deployment Systems (making go-fast things and things that-go fast)
Lines: 34

greg@hoss.unl.edu (Lig Lury Jr.) writes:

>>>It is also futile, other than telling people to request deletion.  You can't
>>>make what Lotus is doing illegal.  If the information is public (not gained
>>>by breaking any confidences) and true, then they can publish it.  Congress
>>>shall make no law abridging the freedom of the press and all that rot,
>>>remember?

>Perhaps I should clarify this statement.  What I mean is that currently
>electronic text is not press.  So if you take Lotus to court and lose, you
>will gain a status of electronic text as speech/press, and if you win,
>well you've prevented them from putting out the questionable CD ROM.
>Either way, something is gained.


Publishing personal data has absolutely nothing to do with the 1st Amendment.
It is exactly the same situation as if your doctor published your personal
medical records.  Yes, he has rendered the data in a tangeable paper form
or an electronic representation but what overrides and resemblance
to the 1st amendment (or has in the past) is the much more basic right
of personal privacy.  parts of several amendments address this and the
Supremes have (mostly) upheld the concept.  What we need to do is
force the issue toward personal privacy when electronic representations
of personal information is involved. I'd hope the EFF would get involved
with this issue as much as it is with losers like Rose.  Far more of
us are at risk from improper use of private information.

John

-- 
John De Armond, WD4OQC        | "Purveyors of speed to the Trade"  (tm)
Rapid Deployment System, Inc. |  Home of the Nidgets (tm)
Marietta, Ga                  | "To be engaged in opposing wrong offers but 
{emory,uunet}!rsiatl!jgd      |  a slender guarantee of being right."