Nicolaas said:
You are painting with too broad a brush here, Sparky ... what I am solely
referring to is the sneaky, underhanded, unethical and legally dubious
practice of you (e.g.) surreptitiously recording our telephone
conversation without my knowledge. How do you square that off against my
constitutional right to protection from self-incrimination? (assuming for
the sake of this discussion that I am an American citizen)
Hey Nicolaas;
The specific hypothetical you describe appears (I am not a lawyer) to be
illegal in my neck of the woods, the Republic of California (CPC Section
632 & 632.5). Be forewarned, however, that Fed law trumps State law in
this regard. Specifically,
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US Code Title 18, Part I, Ch 119, § 2511 (Interception and disclosure of
wire, oral, or electronic communications prohibited)
(g) It shall not be unlawful under this chapter or chapter 121 of this
title for any person—
(i) to intercept or access an electronic communication made through an
electronic communication system that is configured so that such
electronic communication is readily accessible to the general public...
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This has been used by the Federal government to successfully assert that
communication over wireless phones and cellular phones do not have the
same "assumption of privacy" protections as land-lines. (As an aside,
this was established well before 9/11, Patriot Act, et al.)
Legally then, for the hypothetical you describe Nicolaas, you probably
have redress in Cali courts and, probably a much weaker case in Fed courts.
Wrt "sneaky, underhanded, unethical...;" In the end, a tapping tool is,
first and foremost, a tool. The tool is not "sneaky." The tool may be
used legally or illegally, ethically or unethically. Such is the case
with a knife, p2p s/w and various monotheistic religious tracts.
Being that you wish to preserve the right of protection from
self-incrimination, it is not too much to ask that you extend the
intimately related right of "innocent until proven guilty." This would
be, as I'm sure you'd agree, the "forthright, aboveboard, ethical and
legally sound" thing to do.
regards,
-Sparky