Comment Re:My proposed Constitutional Amendment (Score 1) 127
Let's see: under the 4th amendment we all have a right against invasions of any of our "persons, houses, papers, and effects"...
Are wireless transmissions "persons"? Obviously not.
Are wireless transmissions "houses"? Well, as those transmissions are floating about freely on the airwaves, that can't be.
Are wireless transmissions "papers"? You might be tempted to say that a radio transmission is an analogue of a paper in that both contain personal information. But the meaning of papers in 1789 was the container that housed information that you could choose to retain private. Wireless transmissions, unless encrypted, are not containers that keep your information secure. Strike three.
Are wireless transmissions effects? Well, effects in the legal sense are objects that can be moved, such as objects that aren't a part of your house that you own. The important part is that these effects are retained in your possession; information is no longer in your possession once it has been transmitted out of your control (over the public airwaves or wires). Strike four.
I know that you might want a right to privacy to be there, but it just isn't. What is there is a right against government intrusions of your space that you act to keep private. There is a huge difference.