From: Steve Schear <schear@lvdi.net>
Date: Tue, 9 Dec 1997 01:30:49 +0800
To: Tim May <tcmay@got.net>
Subject: Re: Cato forum tomorrow: should money laundering be a crime?
In-Reply-To: <v03102800b0b11c3254d4@[208.129.55.202]>
Message-ID: <v03102802b0b1d4268cd8@[208.129.55.202]>
MIME-Version: 1.0
Content-Type: text/plain



>(Why is this discussion limited to just the four of us? Surely Declan and
>his Cato buddies are worthy to hear our arguments? I dislike the "taking
>things private" mindset, when the lists are already so cluttered with Toto
>rants and other consumers of vast amounts of bandwidth.)

If my header lines implied this, it was inadvertent.  I agree more 'relevent' content on CP is desireable.

>I haven't quite said that all forms of communication/spending money will be
>speech and therefore protected. (Besides, we all know of many forms of
>speech that are unprotected.)
>
>What I (and Michael Froomkin, in his own CFP talk) have argued is that
>digital money will be _undetectable_ in many cases unless government
>demands that the contents of a private communication be revealed. A kind of
>prior restraint on speech.
>
[snip]

>If the government determines, somehow, that Alice was
>involved in an illegal transaction, tax evasion, money laundering, etc.,
>they can try to get her on that. But they can't insist that words be
>submitted to a government agent for approval."

Isn't uttering a check protected speech?  What about if a check is stego-coded in some political rant?  Can the Feds insist I not utter that speech?

--Steve


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