Brandon's Blog

1/26/2006

Poisoned Tree

Okay, so my thought is that anything going unencrypted across “public” wires (i.e., 99% of Internet and phone traffic) is basically analogous to speaking at a conversational volume in a subway, elevator, or street corner.  You aren’t broadcasting, but you aren’t whispering either.

So, I think we can keep an eye on that.  But, maybe the privacy compromise is to essentially give it “poisoned tree” status, meaning that this evidence will not hold water when it comes to putting someone in jail.  It would not permit probable cause, or any other legal power.  It simply allows the government to listen to public information and try to find probable cause through a more upfront means.

Anyway… off to make the bed and study.