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Telecoms say they have a First Amendment right to sell private data

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Re: Telecoms say they have a First Amendment right to sell private data

#141

Earlier quoted context omitted.

A case about access to contraception has nothing to do with free speech at all, nor is it even the same kind of "privacy." They're two different concepts, with the same word.

Griswold v. Connecticut established that the Constitution has some inherent rights to privacy. I cite it as you claim those rights don’t exist.

The 4th amendment established inherent rights to privacy!

Re: Telecoms say they have a First Amendment right to sell private data

#142

Earlier quoted context omitted.

SCOTUS begs to differ, in Griswold v. Connecticut. So do various state laws.

It's a pretty big stretch to say that location and financial data is protected by a right to marital privacy.

It would be odd to think marital privacy the only right to privacy the Constitution establishes.

Re: Telecoms say they have a First Amendment right to sell private data

#143

Earlier quoted context omitted.

Griswold v. Connecticut established that the Constitution has some inherent rights to privacy. I cite it as you claim those rights don’t exist.

The 4th amendment established inherent rights to privacy!

The 4th amendment restricts the ability of the government to infringe on your privacy. It does not restrict telecom companies in any way whatsoever.

Re: Telecoms say they have a First Amendment right to sell private data

#144

Earlier quoted context omitted.

Griswold v. Connecticut established that the Constitution has some inherent rights to privacy. I cite it as you claim those rights don’t exist.

The 4th amendment established inherent rights to privacy!

Then why are you saying:

> There isn't a similar existence of privacy rights.

upthread?!

Re: Telecoms say they have a First Amendment right to sell private data

#145

Earlier quoted context omitted.

It's a pretty big stretch to say that location and financial data is protected by a right to marital privacy.

It would be odd to think marital privacy the only right to privacy the Constitution establishes.

The constitution can't be used in this case to support a right to privacy. The argument for privacy here is that Maine's law doesn't infringe on the 1st amendment.

Re: Telecoms say they have a First Amendment right to sell private data

#146

Earlier quoted context omitted.

The 4th amendment established inherent rights to privacy!

Then why are you saying: > There isn't a similar existence of privacy rights. upthread?!

It's actually the seizure clause. The government can't seize your duck without a warrant, and that means if somebody's speech about you weighs as much as a duck, they've seized a duck's weight in information about you (measuring as if it's written on constitution-grade parchment), which violates your right to privacy as implied by the 4th amendment.

Re: Telecoms say they have a First Amendment right to sell private data

#147
post #32

Earlier quoted context omitted.

No you don't. Those folks are a different class of people than you, a better class, a class that deserves privacy - us peons aren't important enough to have to worry about that stuff. That's what they'll argue anyway. They'll use different words, but whatever words they use will carry that message.

Defeatist attitude aside, what would happen if we crowd funded a wikileaks-type organization that operates "as an ISP" and doxxed politicians/lobbyists/lawyers/isp executives?

I remember when the phone company doxxed everybody!

Re: Telecoms say they have a First Amendment right to sell private data

#148

For those that are unaware, if you live in California the recently passed CCPA (California Consumer Privacy Act) gives you a lot of new power to force companies to delete your data and let you opt-out of them selling it. For Comcast: https://www.xfinity.com/support/articles/ccpa It's a little tedious since you have to do it with each company, but so far I've found that it largely works. You can also do it for equifax…

What happens if they don’t reply or comply with the request? Is there a governing body an offender can be reported to?

Re: Telecoms say they have a First Amendment right to sell private data

#149

Earlier quoted context omitted.

I'm ignoring the legalese to make a distinction between a human and non-human person. Corporations were granted free speech in a couple famous supreme court cases (NYT v. Sullivan, NYT vs. U.S.) and is not tied to the more recent non-human 'person' law. The relevant question in my mind is how to protect Wikipedia and the New York Times and The Red Cross and ... from censorship by the government. There are very many o…

I would actually argue that wikipedia, newspaper like the Times etc are acting as a press. Therefore covered by the amendment's specific mention thereof. Don't even need to invoke the freedom of speech of those who did the actual writing. You still could however[1]. The ISPs aren't acting as a press, unless they wish to assert that their primary objective is to publish IPs and other metadata. That is fine as well but…

What about institutions which wish to speak but certainly aren't primarily press? The Red Cross, Unions, Universities, an activist bakery. Their freedom of speech (or press) is protected too. What distinguishes them from the ISPs?

Re: Telecoms say they have a First Amendment right to sell private data

#150
post #47

Earlier quoted context omitted.

If you're asking how to create a municipal fiber ISP, take inspiration and guidance from existing success stories. It'll vary depending on the state and culture and require multiple steps. If telecoms have already bribed the state govt to ban municipal Internet, collect signatures for a ballot question on whether to allow municipalities to decide for themselves. Next, start a local campaign to promote municipal FTTH.…

thank you! I hope my state (Virginia) can get on board with this because I'm just so tired of comcast and verizon.

I could imagine the dynamics in Virginia being more challenging than other states, given the relatively large size of municipalities (counties), where other states often have another level lower (township, town, city).

If you're trying to get Loudoun County to provide municipal fiber, that'd be a much bigger project/investment than a smaller municipality. Obviously some independent cities in Virginia are smaller (especially Falls Church), but most folks live in relatively large counties.

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