From: Jason Spatafore <jasons@spatafore.net>
Subject: OT: Survelliance in America
To: "Main PLUG discussion list" <plug-discuss@lists.plug.phoenix.az.us>
Date: Saturday, June 28, 2008, 3:58 PM

We shouldn't be as worried about being monitored as we should be worried
about admission of the monitored activities in a court of law. 

I think it should be fine to be monitored on the Internet, just like you
shouldn't have a "reasonable expectation of privacy" when walking
down
the street. The Internet is essentially a publicly monitored, yet
private roadway. Anything going over the wires can and should be
permitted to be monitored. When you pay a toll for a toll road, do you
expect no cameras to be there because you paid to be on that road? The
Internet is the same. 

However, I do not believe that such monitoring should be allowed in a
court of law as "evidence" or that such monitoring should be
permitted
as "public information". 

What I mean here is that I think it should be illegal for a person
 to
post a picture passed via email (or the email itself) onto a newsgroup
or forum and mark it as "public information". Such an act should be
considered illegal by some type of law, whether it's slander or some
other already established law.

I also don't believe that such monitoring should be permitted to obtain
a warrant to monitor nor should it be admissible as evidence. It
shouldn't be illegal to *listen*, but it should be illegal to
"repeat"
or take action based off the information (much like insider trading
laws). If I spy on my neighbor by packet sniffing his router, that
should not be illegal. However, whatever I *do* with the information I
obtained should be punishable by law. The same standards should be held
to the government. 

Yes, you should be able to listen. No, you cannot do anything with what
you've heard. 

Of course, you can take it one step further and ask: "Should
 the
government be permitted to hack into your computer and watch you on the
webcam connected to the PC?"

That's where I would say "No". The difference is because they are
opening the door, not you. When you go online (physically take action
to surf the net or send email), you are opening the door and stepping
out into the street. When your computer is just connected to the
Internet, then you are not out in the street...your door is closed and
your expectation of privacy should be protected. (Locking your door is
not an argument...you shouldn't have to lock your door to expect
privacy....you should only have to close it.) 



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