David was kind enough to ask the following question in a previous post on the role of government in collection of data for the purpose of crime avoidance: "What are its boundaries, or does it have any?"
Why, thank you for asking!
Would Russell support, on the same principle, oh... the implantation of coded transponders in all citizens to allow law enforcement to enforce immigration laws?
No. And I'll tell you why. Citizens are allowed to immigrate to the country... because this is where they live. To enforce immigration laws, we would need to implant non-citizens. That might be diplomatically tricky.
Oh. Wait. I think I understand what you mean now. If all citizens have implants, then anyone coming across the border who doesn't activate the machine that goes ping is an illegal? Do I have that right? Personally, I think that's overkill, because we already have a government issued document that accomplishes the same purpose: a passport. If someone wanted to put coded transponders inside US passports, I wouldn't have a problem with that. Might make border crossings smoother. But I doubt it.
Routine monitoring of phone conversations to allow law enforcement to enforce federal campaign finance, telemarketing, and anti-terrorism laws?
With the appropriate rules for use of information thus gathered, as described in a warrant -- even a relatively broad-based warrant -- I would have no problem with this. I'm guessing your use of the word "routine" implies monitoring without a warrant. That becomes problematic. (More on that below.)
Camera's and microphones in people's homes to listen for evidence that they have committed a crime?
We do have this. It also requires a warrant. And here's why what you're describing here is different than some sort of monitoring of the location of a citizen's vehicle. That kind of monitoring can be accomplished in a way that mimicks human, non-invasive surveillance. Listening in on phone or personal conversations does not. Where my car is, that piece of information I have no expectation of privacy on, because anyone can see it. What I say on the phone, I do have an expectation of privacy. So, in that instance, I believe a warrant is appropriate.
(Similarly, a conversation inside my car is also private... but unless my windows are tinted beyond the limits of traffic safety, the identity of the person with whom I'm conversing is not private.)
Is there some point at which that a measure allowing law enforcement the ability to enforce laws rather than simply responding to them is no longer sufficient to justify its implementation?
Yes there is. It's just about here:
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I'm sure the constitutional scholars out there would blanche at my simplistic reading, but I would class "listening in on a private conversation" as an unreasonable search, and recording it as an unreasonable seizure.
But then I'm just a whining liberal, making a mockery of the constitution by interpreting it!
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