>Message: 9
>From: Vaughn Treude <vltreude@deru.com>
>Organization: Nakota Software, Inc.
>To: plug-discuss@lists.plug.phoenix.az.us
>Subject: Re: Waging War on Business
>Date: Wed, 12 Feb 2003 08:28:59 -0500
>Reply-To: plug-discuss@lists.plug.phoenix.az.us
>
>Michelle makes a very good point. I was at a company where a similar=20
>situation existed - many of the install CD's had disappeared. (They fin=
ally=20
>locked up the remaining install CD's in the parts cage.) In the case of=
a=20
>software audit, it might have been difficult for them to prove their=20
>innocense. In situations like this, it would also be easy for a disgrun=
tled=20
>employee to set his company up, that is, install the software himself an=
d=20
>then blow the whistle.
>
>Which brings up my point - you can oppose something (theft for example) =
and=20
>yet also oppose a particular method of enforcement (e.g., anonymous tips=
,=20
>illegal searches, self incrimination, double jeopardy.) The BSA is, I =
>think, dangerously close to being a law unto itself.
>
>Vaughn Treude
>Nakota Software, Inc.
>
I would have to agree with you Vaughn. According to the 4th Amendment we =
are protected from unreasonable search and seizure and a search of my pro=
perty can only be done if a judge authorizes a warrant. This means that s=
omeone making an anonymous tip is going to have to sign an affidavit and =
have it presented before a judge in order to obtain probable cause to war=
rant a search. If an agency wants to assume my refusal to allow them to s=
earch my premises means I am guilty of violating a law and takes me to co=
urt then I am going to ask for proof of misconduct. If the agency loses t=
heir lawsuit against me they are going to be scrambling for cover as I fi=
le a counter suit. I don't think I know of any instance of a judge giving=
a search warrant to a private agency anyway. The closest might have been=
the Pinkerton's but even they would turn evidence over to a Sherrif or M=
arshall who would then obtain a warrant. The only reason anyone like the =
BSA has any semblance of authority is that many people are ignorant of th=
eir rights which is a sad thing for it erodes the foundations of America.=
Craig S.
(text/plain)