Posted by: JDM..... | July 31, 2013

Cellular voyeurism.….

when curiosity became nine tenths of the law….

An NBC News item this morning reported that a 5th Circuit Court of Appeals ruling in New Orleans overrode the Fourth Amendment and provided the government with a domestic spying “Open Season” for cell phone tracking without a search warrant.

I am appalled by the mutant logic offered by U.S. Judges Edith Brown Clement and Dennis Reavley as justification for validating the government’s unbridled monitoring and tracking of cell phone traffic. Since the government does not require people to own and use cell phones, and since we use those devices when and where we choose, by so doing we VOLUNTARILY release our personal data from the constraints of privacy, according to the Judges.

With all due respect to your offices, Judges Clement and Reavley, on a scale of one to ten, you score a ten in the full of shit category.

The government doesn’t require me to own my home or to live in it either, but by so doing I most certainly do NOT surrender my right to privacy, and I would seriously caution anyone, with or without a nametag and title, against kicking in my door to make themselves at home with my personal papers and possessions. Despite the unfortunate but apparent onset of dementia in Clement and Reavley, I retain enough faith, at least in the principles of our system of justice, to have no problem with respecting the authority of such documents as search warrants, subpoenas, and other limited and temporary permissions to override my basic rights for specific purposes under specific circumstances. Similarly, when I make a telephone call, it is tacitly understood to be a private communication. If I did not wish to speak privately, or didn’t care one way or the other, I would perhaps broadcast my words over the radio or television, or have fliers printed up and distributed, or I might create a public website and offer my most intimate thoughts for public consumption. For the Judges to deem my very use of such a device to constitute acknowledgement of the government’s claim to co-ownership of any and all data gleaned by spying on that activity is obscene and insane.

Their convoluted rationalization of objectionable (and perhaps even illegal) behaviors and activities on the part of government rivals the most egregious acts of intellectual self-immolation I have encountered. And, as a retired substance abuse counselor and psychiatric aide, I have heard some lulus.


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  1. It’s only okay if it’s done in secret by the NSA. The husband and I have interesting debates about this. He sees Snowden and Manning as traitors who took an oath and signed a paper vowing not to do what they did. Well, I am more concerned with those in our government who took an oath to protect and defend our constitution. Because the oath they are breaking and the document they are violating needs “traitors” like Snowden and Manning or we are all screwed.

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