[IP] Peter Swire on why Alito's co-authored report isn't very informative [priv]

[David Farber <dave@farber.net>]

Begin forwarded message:

From: Declan McCullagh <declan@well.com>
Date: November 3, 2005 11:14:21 AM EST
To: politech@politechbot.com
Subject: [Politech] Peter Swire on why Alito's co-authored report  
isn't very informative [priv]

Previous Politech message:
http://www.politechbot.com/2005/11/02/copy-of-judge/

-------- Original Message --------
Subject: RE: [Politech] Copy of Judge Alito's co-authored report on  
privacy now available [priv]
Date: Thu, 03 Nov 2005 11:00:36 -0500
From: Peter Swire <peter@peterswire.net>
To: 'Declan McCullagh' <declan@well.com>

Hi Declan:

	A few comments on the privacy report from Judge Alito's college
days.

	First, I was in the same major at Princeton as Judge Alito, several
years behind him.  These "policy conference" reports were  
emphatically group
efforts, usually with negotiation, joint drafting, and the other  
hallmarks
of a group project.  The final report provides little evidence of any  
one
participant's views.

	Second, the hot-button part of the story is this recommendation:
"The Conference voted to recommend that the current sodomy laws be  
changed.
The Conference believes that no private sexual act between consenting  
adults
should be forbidden."  Note the language "the Conference voted."   
That is
the only indication of voting in the report, suggesting that a minority
objected.  Also, note that this seems like a proposed legislative  
change --
vote to change the laws.  So there is no indication of a position on the
constitutional right of privacy.

	Overall, the report is an impressive student effort to analyze the
issues.  Many of its recommendations have become law through the Privacy
Act, the Church Commission recommendations, the anti-polygraph law,  
and so
on.

	The report suggests that Judge Alito studied these issues
intensively.  It does not tell us what he believed then, or believes  
now.

	Peter
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