[IP] what to say -- more on tracking old money

[David Farber <dave@farber.net>]

Begin forwarded message:

From: Ed Biebel <edward@biebel.net>
Date: August 9, 2006 10:12:50 AM EDT
To: dave@farber.net
Cc: ip@v2.listbox.com
Subject: Re: [IP] more on tracking old money

Dave,

On my professors who taught undergraduate law suggested that it is  
better not to try to argue the law with the police (or in this case,  
the border patrol or the TSA).  He always recommended making a simple  
statement such as "I do not believe that you have a legal right to  
conduct this search (compel me to provide the password, etc.) and I  
am not consenting to this search.  I will comply with your orders but  
only under duress."

This is essence protects your legal standing as not consenting to the  
search but gets you out of the power struggle dynamic with the  
authority on the scene.  You can then aruge the finer points of the  
law within the legal system and have the ill-gotten evidence thrown out.

I'm curious what some of the legal scholars on the list think of this  
approach.

Ed



On 8/9/06, David Farber <dave@farber.net> wrote:

Begin forwarded message:

From: "M. Sean Fosmire" < hatgem@gmail.com>
Date: August 9, 2006 7:44:10 AM EDT
To: dave@farber.net
Subject: Re: [IP] tracking old money

Here is an exercise for you. The next time someone demands that you
disclose private information because "the law requires it", ask them
for a citation to the statute or regulation that requires it. Ninety-
eight percent of them time they will be unable to respond. Tell them
that you will answer when they can give you the citation (and after
you have had a chance to check it).

In a large number of cases, there is no such requirement. Companies
often claim that "the law requires" that you do something that they
simply want you to do. And even if the request is made in good faith,
it is often the case that someone has misinterpreted a legal
requirement somewhere.



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