zlacker

[return to "New U.N. Cybercrime Treaty Unanimously Approved, Could Threaten Human Rights"]
1. 2OEH8e+Bm[view] [source] 2024-08-10 19:05:50
>>walter+(OP)
Were we ever supposed to be anon on the internet?
◧◩
2. mdp202+Kq[view] [source] 2024-08-10 19:49:26
>>2OEH8e+Bm
Yes. Implicitly.

Ex Wikipedia: Over 186 constitutions mention the right to privacy

https://www.constituteproject.org/constitutions?key=privacy

Oh, and sniper: because the right to privacy will be defended by a number of individuals with radical violence, as you should know if you ever visited the world, so evidently I should not even need to proceed from «Yes. Implicitly».

So contextually: if it were not anonymous, it would not be used (but by a specific class of entities).

◧◩◪
3. krapp+rr[view] [source] 2024-08-10 20:00:35
>>mdp202+Kq
Possibly worth pointing out that a constitutional right to privacy no longer exists in the US after SCOTUS nullified Roe v. Wade. They were willing to throw the baby, the bathwater and the bathtub out for that one.
◧◩◪◨
4. mdp202+Mr[view] [source] 2024-08-10 20:03:49
>>krapp+rr
The Constitution of the USA still contains the IV Amendment in the Bill of Rights, I suppose:

> 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

◧◩◪◨⬒
5. tptace+Is[view] [source] 2024-08-10 20:15:17
>>mdp202+Mr
This is not a right to privacy or anonymity; privacy is a predicate of the 4th Amendment, not a positive assertion; it governs when the government can conduct searches.
◧◩◪◨⬒⬓
6. mdp202+Bu[view] [source] 2024-08-10 20:33:27
>>tptace+Is
It states that people have a right about their private records («papers») not being searched - unless necessary. So it states that the normal state is said privacy, and breach is the exception.
◧◩◪◨⬒⬓⬔
7. ldayle+VD[view] [source] 2024-08-10 22:05:11
>>mdp202+Bu
You’re both correct— tptacek is correct in that the 4th amendment is constrained to government search and seizure and there is no positive assertion regarding privacy written into the constitution. But you’re also correct in principle, as the strongest positive assertion regarding privacy (in general) from the U.S. federal gov’t originates in the Supreme Court’s decision in Griswold v. Connecticut from 1965, and Justice William O. Douglas’ reference to privacy as a right inferred primarily as ‘penumbras’ extending from the more specific guarantees of the first 5 amendments.

Edited to Add: All bets are off now, as the court has explicitly reversed stance on this as it regards abortion, which leaves a big precedent for expanding future privacy “exceptions”.

◧◩◪◨⬒⬓⬔⧯
8. mdp202+bg1[view] [source] 2024-08-11 09:14:11
>>ldayle+VD
Please note that my original reference to the Constitutions was made to go to the chief social contracts, for brevity: in the case of the USA (which we have picked again to focus on some important cases), condemnation of trespassing, peeping and eavesdropping was part (I understand) of the Common Law from the beginning (inherited from Britain).

They are all cases of instances of breach of a basic principle - license of intrusion is limited, naturally -, which in law needs to be made explicit to sanction specific cases, but remains otherwise evident (in the case of privacy, its breaches are easily farcical).

In Europe, the European Convention on Human Rights (1950), signed by 46 States, specifies in Article 8: «Everyone has the right to respect for his private and family life, his home and his correspondence» (again, an example picked for prominence).

Please also note with reference to your «All bets are off now» that discussion will be made about the boundaries of the principle in practice - the Principle remains.

[go to top]