Comment Re:Legal expectation of objective privacy (Score 1) 168
Of course there can be no reasonable expectation that if you step outside your home then someone walking past won't see you, any more than they have a reasonable expectation that you would not see them.
However, technology lets us do a lot more than we naturally can, sometimes in very asymmetric ways, and potentially with very different implications. Saying we can't/shouldn't consider how much we want to regulate behaviour using those technologies is a bit like saying someone could climb up a ladder and peer through a small gap in the curtains at your daughter's bedroom window but we shouldn't do anything about it in law and your kid has no reasonable expectation of privacy when she gets changed at night. I think most reasonable people would disagree with that premise and think a law saying peeping Toms are unwelcome was appropriate.
So this is a chicken and egg situation. As a matter of fact, the law today may not provide for as much privacy protection as people like me would like it to, but saying that the law shouldn't provide those protections because today it doesn't so you have no reasonable expectation of protection is a circular argument.