Pedophiles Suck... But Privacy Rights Trump Disgust

Pedophiles deserve no regard. Their actions endanger children and those abused kids can grow up scarred for their entire lives. Few things in this world are as damaging to humans as pedophilia. They deserve our derision, our disgust, and our jail cells. Our laws should be used to their fullest extent to ferret out child predators so that they may not harm innocent lives.

But the phrase "fullest extent" means we still have to follow the rule of law. And the US rule of law requires some specifics, including obtaining warrants and limiting search and seizure. This system wasn't created as a haven for pedophiles; it was created to protect the People's interests. The Fourth Amendment guarantees us specific freedoms and an expectation that our embarrassing foibles don't become the interest of our government, even if those behaviors happen to be unlawful.

And while I have nothing but contempt for pedophiles, I find myself supporting an accused one. Out in Washington the case of State vs Westbrook is being litigated. The case involves the government being tipped by a computer technician working on the defendant's computer; the tech's company contacted the police after discovering child pornography. The police viewed the material and then sought a warrant to seize the computer.

And while the child porn is sickening to read about, the bigger issue is this: do you give up your right to privacy the moment that hand your personal equipment to a service technician? The EFF believes that you retain that right and has written an amicus brief in this case. I fully support their contention as our personal computers reflect us in very profound and meaningful ways. Much more so than library records, credit card statements, and even medical records. Email, IM, websurfing habits, and online purchasing can provide a rather complete picture of the kind of person you are.

Privacy rights are codified in US law and are an important part of having a free society. Just as the police can't conduct a full search of your house without reason, it's imperative that technicians honor your private property. Do you really want a tech rifling through your personal files just because you couldn't fix your own computer? Are techs supposed to be extensions of the police or FBI, minus the legal restrictions that limit those authorities' power?

Regardless of the pedophile subject in this case, a chilling effect will be seen if this sort of activity is permitted. But for any of you that are as cynical as me, that just means you should encrypt, encrypt, encrypt. In fact, do it now, because you won't be able to do much about it by the time your equipment breaks. Hopefully the courts will reaffirm this principle but thankfully computers come with locks that are stronger than the ones protecting your house or car...