Hi, everyone,

The most interesting aspect of cyberspace and its newly drafted laws (very few) that pertain to same is somewhat perplexing by its true nature. What happens to the notion of privacy, for example, when uniformed or plain dressed law enforcement enter our private residences executing a(n) (im)proper search warrant in conta to the Fourth Amendment, and when Congress passes a statute declaring that every residence or place of a computer fixture is subject to immediate search by agents of social control, with or without the expressed approval of the infamous FISA court or a court of lesser jurisdiction? Nothing, because we now live in the era of computerized searches. (this is another glorious reason to dislike Osama bin ladin). Your personal computer is no longer forbidden fruit. The government has direct access to any computer they deem necessary. Instead of the National Security Agency (NSA) tapping your hard-phone-line, now life has been made easier by selling the idea of PCs to everybody, giving them access to the very heart of every user. Although most search and seizures court challenges have survived summary judgment, and eventually become precedent, where is the cyberspace search and seizure precedents.

What's meant by this? At the heart of any successful legal argument or cause of action is 'precedent'. And since, here, precedent is entirely devoid of any meaning, and we live in a very sophisticated technological era, what becomes of the system when sybercases become precedent (I anticipate the time will come when Westlaw, for example, begins to restrict users from accessing certain cases because they bear a 'red, white and blue' national security confidentially flag). Who will qualify to access these cases? Are they accessible only to those who are computer literate or a have a government security clearance? Will the government abandon its "Equal Access to Justice" cause in the nomenclature of national security?

Although rhetorical in nature, these are just a few concerns I have about the way things are going. Thus, anyone who suggests to you the U.S. is lagging behind the times in technological surveillance is not totally with it. Who do you think has had computers in their possession for the last 50 years, not me, I submit, not you. You guessed it: the U.S. government. The government has been in the computer business for so long they know more than the pros, like Bill Gates. Where do you think the idea of the PC came from? It didn't come to Mr. Gates while sipping pina colottas on his back deck. No, from the U.S. government!

Not many realize this but the U.S. government can invade your computer machine at any time and without your permission or knowledge. All that's necessary is a phone line connected to one's modem (for those still accessing by dial up), nothing else. Irrespective of your computer in shut down mode, the fact remains your cord line is still connected to the right connectors. Huhhhh, good question, what about us broadband users? Simple, AWACs airplanes can and have conducted what I referred to as personal ground surveillance for so long it's so wonder the operators don't call up and invite us out to our favorite restaurant.

Remember, anytime you make a cell call, access another computer by Bluetooth, access the Internet via the handy-dandy pocket PC, just remember the micro-waves floating around aimlessly in space (and I say space because this area is unclaimed) and readily available to anybody who can snatch them from the airwaves. Congress has all ready declared that waves are not one's personal property but subject to any one able to retrieve them (public domain). This declaration is interesting because I own many electronic machines, but, what I don't own is a wave snatcher (my wife shutting me up in mid-stream could be construed a wave snatcher), leaving the government to corner the market on them. No doubt a brilliant deduction has befallen Mr. Gates about the marketability of such a device, but since the government is motoring full speed ahead with its war on terror, I doubt we'll ever see one.

More to come!

BRIAN C. MAQUIS