The Third Amendment In The Cyber Age. Seriously, Someone Wrote About This.

This article takes a novel approach to identifying necessary civil liberties protections by analyzing U.S. cyberoperations under the Third Amendment. Three types of cyberoperations implicate Third Amendment interests: malware designed to disrupt industrial control systems, cyberespionage tools, and active defense (or “hack-back”) systems. All of these may affect innocent civilian systems, and the Third Amendment prohibits military intrusion into civilian spaces absent consent or legal authorization by Congress

I couldn’t read the full article because I don’t have access to the database the paper is stored on but his summary alone is eye-roll worthy.

The 3rd Amendment doesn’t prohibit what this guy claims it does.

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

A militarized computer virus isn’t a “soldier” and that’s all the 3rd Amendment gets to. Now there very well maybe some 4th and or 5th Amendment implications depending on what the virus does but the idea that a computer program landing on your computer is a “soldier” is the product of a lawyer’s over active imagination.

Yes, this is kind of funny because the 3rd Amendment hasn’t been an issue in this country since, oh, the American Revolution but today’s crackpot legal theories have a nasty habit of becoming tomorrow’s Supreme Court decision. Best to kill them early.

Thankfully despite this guy’s best efforts, the 3rd remains the Constitution’s redheaded stepchild.

Just chalk this up to another victory for America’s most successful civil rights group in history.


About Drew

I blog about politics and hockey because I sort of understand those things. I'd blog about women but I'll never understand them.

Posted on May 2, 2013, in Uncategorized. Bookmark the permalink. Leave a comment.

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