Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Path: utzoo!decvax!decwrl!ucbvax!XEROX.COM!hoffman.es From: hoffman.es@XEROX.COM.UUCP Newsgroups: mod.politics Subject: Privacy Rights amendment Message-ID: <12226922471.40.MCGREW@RED.RUTGERS.EDU> Date: Wed, 30-Jul-86 20:11:07 EDT Article-I.D.: RED.12226922471.40.MCGREW Posted: Wed Jul 30 20:11:07 1986 Date-Received: Thu, 31-Jul-86 17:43:19 EDT Sender: daemon@ucbvax.BERKELEY.EDU Reply-To: hoffman.es@xerox.com Organization: The ARPA Internet Lines: 44 Approved: poli-sci@red.rutgers.edu Return-Path: Date: 24 Jul 86 10:30:37 PDT (Thursday) From: Hoffman.es@Xerox.COM Subject: Privacy Rights amendment To: "Keith F. Lynch" Keith Lynch correctly points out some problems with drafting a Privacy Rights amendment: Or are you saying that anything done in private would automatically become legal? I assume you exclude such things as burglary. What about private drug use? .... [I]t doesn't seem right to me that someone who chooses not to [keep sections of their life private] can be prosecuted while someone who chooses to keep it all secret is safe. This is all too remeniscent of the curious notion that no crime is truly criminal, only getting caught is. There's a difficult line to be drawn here. That's exactly why I asked readers of Poli-Sci Digest to help me in drafting a Privacy Rights amendment. I do indeed mean to do away with vice laws (at least so far as they pertain to what I do in private, not on the streets) and other such attempts at legislating "morality". If you don't like my morals, try to convert me yourself. You shouldn't be able to enlist the state's help! At first I thought I could come up with one quickly, modeled on some existing amendments, but as I wrote it, it kept getting more complicated. I still think the closest model is the Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Now, how can we adapt that to say that it's no business of the government what I do sexually (alone or with consenting adult partners), what I do (to myself) with drugs, and so on? -- Rodney Hoffman -------