Jim Choate wrote:
>
> On Mon, 24 Jul 2000, Tim May wrote:
>
> > As Judge Bork correctly noted, there is no "right to privacy."
>
> Both of you are wrong, simply ignoring the 9th won't make it go away.
>
> Amendment IX
>
> The enumeration in the Constitution, of certain rights, shall not be
> construed to deny or disparage others retained by the people.
I agree with Jim.
One of the theories put forth supporting a Constitutional right to
privacy, in terms of wiretapping, electronic snooping, and the like,
was that two centuries ago there was no way to surreptitiously snoop
on someone which was not already forbidden under other laws. Thus,
the founders would not have seen the need to forbid the police or
other governmental functionaries from listening to private
conversations. The right to privacy was assumed, was not explicitly
taken away in the Constitution or any amendment, and therefore is
covered under the 9th.
--
Steve Furlong, Computer Condottiere Have GNU, will travel
518-374-4720 [EMAIL PROTECTED]
