Computers, Privacy & the Constitution

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VanessaWFirstPaper 4 - 11 May 2013 - Main.EbenMoglen
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Introduction

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Long before the internet created the possibility of an instantaneous and convenient electronic mailing service, the United States established the U.S. Postal Service (USPS), an independent government agency designed to fulfill the important task of carrying messages between parties. As more recent corporations have proven, it was not impossible for the private market to accommodate this need; UPS and FedEx? are extremely profitable private enterprises that perform similar services to the USPS, and such enterprises could probably carry the market on their own, if allowed, especially given the declining profits of USPS. Yet, the USPS was created and remains and active participant in the snail mail market. Given the quick implementation of a government-sponsored snail mail service, one might wonder why the government, which can control the band spectrum, would not have equally quickly dominated the electronic mail system. A government sponsored email system, though likely to be less able to provide flashy extras and more likely to requirement some minimal payment for the service, could be easily created and solve one of the most pressing issues with email service today: invasions of privacy.
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Long before the internet created the possibility of an instantaneous and convenient electronic mailing service, the United States established the U.S. Postal Service (USPS), an independent government agency designed to fulfill the important task of carrying messages between parties. As more recent corporations have proven, it was not impossible for the private market to accommodate this need; UPS and FedEx are extremely profitable private enterprises that perform similar services to the USPS, and such enterprises could probably carry the market on their own, if allowed, especially given the declining profits of USPS.

This sentence seems to overlook the technological differences in transportation infrastructure between the late 20th century when these businesses flourished and the late 18th century, when the Postal Service was created, or the Railroad Empire of the late 19th century, in which we initiated Rural Free Delivery, the most important logistical achievement in our history.

Yet, the USPS was created and remains and active participant in the snail mail market. Given the quick implementation of a government-sponsored snail mail service, one might wonder why the government, which can control the band spectrum, would not have equally quickly dominated the electronic mail system.

Did wondering lead to the discovery of 39 USC §404(a) and the statutory definition of "postal services"? If so, I'm surprised you didn't discuss it.

Did wondering also lead you to consider the federated rather than centralized nature of email? There's no one to dominate it, even in the era of Gmail, because it's so easy for someone to set up and operate her own email server, and provide email services to anyone she wants.

A government sponsored email system, though likely to be less able to provide flashy extras and more likely to requirement some minimal payment for the service, could be easily created and solve one of the most pressing issues with email service today: invasions of privacy.

No, that would only make the government the invader of first resort. It would have the access data, even if it didn't have the email content, which would be intolerable. Why would you centralize a federated service in centralizing government hands? Why would you claim such a move would be good for privacy?
 

The Problem of Privacy in Email

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  Perhaps the real reason so many people are “ok” with email services like Gmail is that we can’t see viable other options. If all trusted, brand-name private email companies are doing it, then what choice do we have?
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Run your own mail server. It would cost you nothing, or $15 month if you wanted to do it the expensive way. Given what you pay for other services, fully private email would be a very substantial bargain. Yet you don't do it.

 

Solution: US Electronic Postal Service

It may sound weird to argue that the best way to protect the privacy of personal communications is to put it in the hands of the government; after all, who stereotypically has the greatest temptation to violate that privacy if not law enforcement agencies? Yet, we’ve done it before. The government ran, and to a large degree still runs, the transfer of physical communications between people through the United States Postal Service. In fact, having the government involved in such services actually gives them greater protection, because whatever the temptation to violate privacy, government action is still governed by constitutional restraints on search and seizure. Governments are required by law to respect privacy in a way that private companies are not.

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 Given the incredible problems for privacy that have arisen with the development of the internet and its services, problems which could never have been anticipated by those who wrote the laws protecting privacy, the government should take affirmative steps to offer people a viable alternative to unprotected emails.
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I think some more thinking about how email works, and why it is a federated service by nature, would help to improve the essay substantially.

 
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Revision 4r4 - 11 May 2013 - 19:02:01 - EbenMoglen
Revision 3r3 - 28 Mar 2013 - 17:39:44 - VanessaW
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