Computers, Privacy & the Constitution

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StephanieTrainFirstPaper 12 - 15 Apr 2010 - Main.StephanieTrain
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 -- StephenClarke - 30 Mar 2010
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Nikoloas, thank you for point out that interesting change in wording!
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Nikoloas, thank you for pointing out that interesting change in wording!
 
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Stephen, I'm actually more concerned with the distinction between the two situations (ie when a private party strips the right to internet access and opposed to when a court does so). I think that there are situations in which internet access might arguably be stripped but that these circumstances should always be determined by a court.
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Stephen, I'm actually more concerned with the distinction between the two situations (ie when a private party strips the right to internet access as opposed to when a court does so). I think that there are situations in which internet access might arguably be stripped but that these circumstances should always be determined by a court.
 -- StephanieTrain - 01 Apr 2010
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 In that case, why do you think a court is such an amazing safeguard? The RIAA did a great job of proving that private actions for copyright infringement can work grave injustices. Furthermore, suing the most harmless end user infringers can be a profit maximizing strategy. See, Matthew Sag, Piracy: Twelve Year-Olds, Grandmothers, And Other Good Targets For the Recording Industry’s File Sharing Litigation, 4 NW. J. TECH. & INTELL. PROP. 133, 147, 154-55 (2006).

-- StephenClarke - 02 Apr 2010

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It isn't necessarily that I think courts are such an amazing safeguard. One of the points I was trying to make is that internet access is a fundamental human right and therefore should be treated in the same way as other human rights. For other human rights to be taken away (ie liberty when someone is put in jail), court intervention is required. That's why I think removal of internet access should only be the result of a court's order. Whether courts are adequate safeguards for the protection of human rights overall is a separate, larger question. I would appreciate it if you have any suggestions for how I can make this point more clearly in my paper.

-- StephanieTrain - 15 Apr 2010

 
 
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Revision 12r12 - 15 Apr 2010 - 21:54:07 - StephanieTrain
Revision 11r11 - 02 Apr 2010 - 20:00:02 - StephenClarke
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