At 07:53 PM 9/4/2001 -0400, Declan McCullagh wrote:
>[...]
>2. Since the people enforcing this hypothetical law are the same people
>with the greatest incentives to violate it, what makes a disinterested
>observer believe that it will be effective? If we're not interested in
>effectiveness, why don't we just pass a law saying "no more police
>brutality" or "no cop shall violate someone's civil liberties?"
I think this goes a little too far (though I'm also pretty skeptical about
the underlying proposal). True, it's very unlikely that cops will arrest
themselves for violating a mandatory disclosure law - expecting any group
to reliably self-police is unrealistic.
It would not be practically, impossible, to enforce such a provision the
same way that parts of the Fourth, Fifth, and Sixth amendments are - by
making evidence which has been gathered illegally unavailable in court.
That sanction isn't intended to be punitive - it just removes (some of) the
motivation to engage in the forbidden activity.
--
Greg Broiles
[EMAIL PROTECTED]
"We have found and closed the thing you watch us with." -- New Delhi street kids
