ietf-asrg
[Top] [All Lists]

RE: [Asrg] Thoughts so far

2003-03-17 18:37:05
--On Monday, March 17, 2003 4:38 PM -0800 Steve Schear 
<schear(_at_)attbi(_dot_)com> wrote:

At 04:54 PM 3/14/2003 -0500, Jason Hihn wrote:
IANAL, but the Supreme Court has ruled that we have the right to be left
alone.

Unfortunately, it is not a "right" and I don't think they ever did.  The quote 
you are referring
to was from SC judge Louis Brandeis' minority opinion in Olmstead v. United 
States (1928), a
wiretap case.

Try the ruling in:
ROWAN v. U. S. POST OFFICE DEPT. , 397 U.S. 728 (1970)397 U.S. 728

"We therefore categorically reject the argument that a vendor has a right under the Constitution or otherwise to send unwanted material into the home of another. If this prohibition operates to impede the flow of even valid ideas, the answer is that no one has a right to press even 'good' ideas on an unwilling recipient. That we are often 'captives' outside the sanctuary of the home and subject to objectionable speech and other sound does not mean we must be captives everywhere. See Public Utilities Comm. of District of Columbia v. Pollak, 343 U.S. 451 (1952). The asserted right of a mailer, we repeat, stops at the outer boundary of every person's domain."

as delivered by Chief Justice Burger.

it's closer, but seems to speak to the limitations and lack of certain "rights" of the sender or speaker rather than the affirmative granting or acknowledgement of the "rights" of the recipient or listener...but IANAL either.

The rulings of the US Supreme Court don't tend to be internationally applicable, so I'm not sure of the relevancy to this forum.

--
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Margie Arbon                   Mail Abuse Prevention System, LLC
margie(_at_)mail-abuse(_dot_)org          http://mail-abuse.org








_______________________________________________
Asrg mailing list
Asrg(_at_)ietf(_dot_)org
https://www1.ietf.org/mailman/listinfo/asrg