Dan Geer on Barbra Streisand's privacy suit, TSA and databases

[Declan McCullagh <declan () well com>]

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To: Declan McCullagh <declan () well com>
cc: politech () politechbot com
Subject: Re: [Politech] Barbra Streisand loses suit against 
californiacoastline.org [fs][priv]
Date: Fri, 02 Jan 2004 08:30:17 -0500
From: Dan Geer <geer () TheWorld com>

Yes, this is the great question we have before us:

Is data that is observable without cost to the observed
data that can accrue to another?  If I take your picture
in the public street, can I post it?  If I record the
hours of the coming and going of your car from your
driveway, again while standing in the public street,
can I post that?  If I merely take every public record
about you that is publicly available and fuse the result,
can I post that?  Does information want to be free?

The point remains: We have crossed that Rubicon where
existence of data as the focus of our interest (like
what videos did you purchase).  On this side of that
River, the question has nothing to do with whether the
data exists but rather what is done with it given that
it does exist.

--dan

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To: Declan McCullagh <declan () well com>
cc: politech () politechbot com
Subject: Re: [Politech] TSA tries to detect terrorists through public 
databases [priv]
In-reply-to: Your message of "Fri, 02 Jan 2004 00:58:18 EST."
             <6.0.0.22.2.20040102004628.02afb230 () mail well com>
Date: Fri, 02 Jan 2004 08:24:27 -0500
From: Dan Geer <geer () TheWorld com>

>   "Some terrorists who have not established a significant or useful
>   electronic footprint may still be detected by their lack of such a
>   footprint, TSA said".

TSA is absolutely correct, but not the first to the party.

"Is there any point to which you would wish to draw my attention?"
"To the curious incident of the dog in the night-time."
"The dog did nothing in the night-time."
"That was the curious incident," remarked Sherlock Holmes.
    -- Arthur Conan Doyle, "Silver Blaze"


--dan
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