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 ·magicjack.com
| reply to rodriro
Re: ISPs Make a Tidy Profit Selling Your Browsing History said by rodriro:This amendment protects Americans from unreasonable searches and seizures. The Bill of Rights were originally intended as a bar against Congress only. This is instructional because the Founders weren't necessarily opposed to these things at the state or private level. Just at the Federal level.
It wasn't until 70 years later that the 14th Amendment *intended* to apply the BoR to state and private infringement. I emphasize "intended" because it wasn't for another 60 years that the Supreme Court began "selectively" incorporating the BoR into the 14th Amendment. Therefore, it wasn't reality until the 1920s, to the 1970s (depending on the clause of the BoR).
However, even after the 14th Amendment and 50 years of "selective incorporation" nobody would say that your consensual, contractual relationship with an ISP that chooses to inspect your packets is an "unwarranted search."
It might be bad. There may be reasons to lobby for greater regulation of ISPs. But, it's not a violation of your 4th amendment protection against unreasonable search.
Mark |
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| said by amigo_boy:
However, even after the 14th Amendment and 50 years of "selective incorporation" nobody would say that your consensual, contractual relationship with an ISP that chooses to inspect your packets is an "unwarranted search."
Right idea. Wrong analysis. |
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patcat88
join:2002-04-05
Jamaica, NY
kudos:1 | reply to amigo_boy
said by amigo_boy:However, even after the 14th Amendment and 50 years of "selective incorporation" nobody would say that your consensual, contractual relationship with an ISP that chooses to inspect your packets is an "unwarranted search." It might be bad. There may be reasons to lobby for greater regulation of ISPs. But, it's not a violation of your 4th amendment protection against unreasonable search. Mark Yep, you signed away your clickstream data by private contract. No govt can go there. If you don't like it, why did you sign up? No choice, boo hoo, start your own phone company/build your own internet. Can't do that? Not our problem. |
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