[comp.org.eff.talk] The difference between private investigators and databases

gnu@hoptoad.uucp (John Gilmore) (01/02/91)

abrams@cs.columbia.edu (Steven Abrams) wrote:
>                            I see nothing wrong with this from a legal
> point of view, since people were always able to obtain nearly any
> information they wanted about someone anyway.

The goverment and every person has had the ability to hire someone to
follow you around and report everything that you do.  But this was
limited by the resources available.  Do we now have the ability to
follow everyone around and report everything they do?  How about everyone
who has publicly disagreed with the goverment?  Or everyone who makes
more than $100,000 per year?

Do you see a qualitative distinction between the situation in the past
and in the present?  What fraction of the population has to be under
surveillance before you see a distinction?  100%?  50%?  1%?
-- 
John Gilmore      {sun,pacbell,uunet,pyramid}!hoptoad!gnu        gnu@toad.com
Just say no to thugs.  The ones who lock up innocent drug users come to mind.

wayner@cello.cs.cornell.edu (Peter Wayner) (01/03/91)

gnu@hoptoad.uucp (John Gilmore) writes:

>abrams@cs.columbia.edu (Steven Abrams) wrote:
>>                            I see nothing wrong with this from a legal
>> point of view, since people were always able to obtain nearly any
>> information they wanted about someone anyway.

>The goverment and every person has had the ability to hire someone to
>follow you around and report everything that you do.  But this was
>limited by the resources available.  Do we now have the ability to
>follow everyone around and report everything they do?  How about everyone
>who has publicly disagreed with the goverment?  Or everyone who makes
>more than $100,000 per year?

>Do you see a qualitative distinction between the situation in the past
>and in the present?  What fraction of the population has to be under
>surveillance before you see a distinction?  100%?  50%?  1%?
>-- 
>John Gilmore      {sun,pacbell,uunet,pyramid}!hoptoad!gnu        gnu@toad.com
>Just say no to thugs.  The ones who lock up innocent drug users come to mind.


Now surveillance will certainly be a problem in the future but how do
we legally make a distinction between my personal black book filled 
with phone numbers ( a few unpublished) and that evil data monger who's
selling lists of individuals to marketeers? 

I'm quite afraid that any law against data gathering is going to negatively
affect our freedoms. We'll have to worry whether the knowledge in our
computers is illegal. The Rico act was aimed at mobsters and now it 
is used to threaten everyone. The Sherman Anti-Trust act was aimed at
corporations, but the government has used it very effectively against
unions. Privacy for me means reduced freedom for everyone else. 

One solution may be to make a person's actions "copyright" by that person.
It's as if life was just one long performance art piece. (Which for some
of us, it is.) Now that would mean that the marketeer who sold my
penchant for preppie polo shirts to the J.Crew would be infringing on
my copyright. But what about the folks at J.Crew? If I called them up
and purchased something, wouldn't their half of the interaction be
copyright by them? Couldn't they sell "Reproduction Rights" to the
purchase experience to another marketeer? It was just as much their 
performance as mine? 

This is a tricky one, not an obvious knee-jerk one.

-Peter
Peter Wayner   Department of Computer Science Cornell Univ. Ithaca, NY 14850
EMail:wayner@cs.cornell.edu    Office: 607-255-9202 or 255-1008
Home: 116 Oak Ave, Ithaca, NY 14850  Phone: 607-277-6678

brad@looking.on.ca (Brad Templeton) (01/03/91)

Saying your personal information is copyrighted is, I suspect, clearly
a legal facade to everybody here.   You can think of strange reasonings, but
the fact is that "Joe Schnutz lives at 123 main st. and plays hockey on
Sunday" is not a creative work, and not the sort of thing that we want to
see copyrighted or copyrightable.

Call a spade a spade.  What you mean is that you wish it to be confidential
information.

Realize, however, what this means.  If somebody finds out confidential
information without breaking confidence, it is no longer confidential
information.

And the constitution of the USA says that congress can't prohibit the
publication of true, non-confidential information.  (Some judges have
ruled the congress can prohibit 'obscene' information discovered national
secrets, but I disagree.)

It is amazing how computers drive even those of us here to immediately
start suggesting throwing away a 200 year old freedom.  It has not suddenly
become dangerous.   People have thought that the right to publish has gotten
more dangerous every year since Gutenburg.
-- 
Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

magik@chinet.chi.il.us (Ben Liberman) (01/03/91)

In article <50222@cornell.UUCP> wayner@cello.cs.cornell.edu (Peter Wayner) writes:
>
>One solution may be to make a person's actions "copyright" by that person.
>It's as if life was just one long performance art piece. (Which for some
>of us, it is.) Now that would mean that the marketeer who sold my
>penchant for preppie polo shirts to the J.Crew would be infringing on
>my copyright. But what about the folks at J.Crew? If I called them up
>and purchased something, wouldn't their half of the interaction be
>copyright by them? Couldn't they sell "Reproduction Rights" to the
>purchase experience to another marketeer? It was just as much their 
>performance as mine? 
>
>This is a tricky one, not an obvious knee-jerk one.
>
>-Peter
>Peter Wayner   Department of Computer Science Cornell Univ. Ithaca, NY 14850
>EMail:wayner@cs.cornell.edu    Office: 607-255-9202 or 255-1008
>Home: 116 Oak Ave, Ithaca, NY 14850  Phone: 607-277-6678

Why can't you both hold claim to the experience such that you must both give
permission for the experience to be sold for profit.
-- 
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	Ben Liberman    USENET         magik@chinet.chi.il.us
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