RE: [RE: CRIME Re: TIPS]

From: Christiansen, John (SEA) (JohnC@private)
Date: Fri Jul 19 2002 - 14:59:28 PDT

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    Couldn't resist a further posting on TIPS, to note that there is Supreme
    Court concurring opinion support for the concept that massive databases
    operated by governments may raise constitutional issues. (Sorry about the
    format, this is a cut&paste from a PowerPoint.)  
    
    On-line Privacy and Technology
    Databases and information protection
    Recording of names/addresses of patients prescribed schedule II drugs in NY
    state database, kept at secure site with penalties for unauthorized
    disclosure, does not constitute "invasion of any right or liberty protected
    by the fourteenth amendment."	
    Whalen v. Roe, 429 US 589 (1977)
    
    On-line Privacy and Technology 
    "What is .  .  . troubling about this scheme .  .  . is the central computer
    storage of the data  .  .  .  [t]he constitution puts limits not only on the
    type of information the state may gather, but also on the means it may use
    to gather it.  The central storage and easy accessibility of computerized
    data vastly increases the potential for abuse of that information, and I am
    not prepared to say that future developments will not demonstrate the
    necessity of some curb on such technology."
    Brennan, J., concurring in Whalen v. Roe, supra 
    
    From: John R. Christiansen
    Preston | Gates | Ellis LLP
    701 Fifth Avenue, Seattle, Washington 98104
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    * johnc@private
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