Blackmailedslave 5 searchh Mail searchessearchlsearch Mail nsearchV Barenude rao Save ia Blackmailedslave s Save esearchsa Black Blackmailedslave esearchssearch searcha Black t Save y Save i Sex fl Blackmailedslave e Black cdsearchb Sex Mail hsearch Dsearchsrsearchc Sex %E6%90%9C++%E7%B4%A2o Sex r Save 'search searchisearchdsearchn Mail Black h Barenude tsearcht Barenude e Barenude ssao42.comho Mail l Sex w Save ssearch&quo Blackmailedslave ; Black n Blackmailedslave tt1336573185078_R f Mail rb Blackmailedslave l Sex i Sex n& Mail u Black t Mail thasearch Blackmailedslave q Sex o Save ;wsearchs Mail besearchngsearchfsearchee Save Sex y Black a Sex c Mail ho Barenude Blackmailedslave n Mail Barenude r Mail gsearchab1336374996171_Rse1335722438640_Ras Mail wesearchl Sex sby Barenude tsearche s Barenude u Save entsearchs Blackmailedslave m Black ssearchesearchcep Sex i Sex nsab Blackmailedslave utthe searchr Barenude gcul Save usearche& Save uot; Black Mail d Blackmailedslave asearch2 Sex 5 Blackmailedslave J Barenude ticsearchS Mail lia described this as "an immediate crisis of greater proportions than existed in Skinner" id. where the showing of drug use by railroad employees was based on national data, rather than data particularized to a single railroad. Id. Nevertheless, while it may not have been particularized, the danger in Skinner affected railway safety, a field in which accidents can kill hundreds; it is difficult to see a "crisis of greater proportions" in a rebellious classroom. Back to text at note 35.

36. N.J.S.A. 2C:7-1 (1996). Back to text at note 36.

37. There is no doubt, for example, that the home is permeable to sense-enhanced searches by the police and possibly others. See, e.g., Florida v. Riley, 488 U.S. 445, 451-52 (1989) (plurality opinion) (holding valid a warrantless aerial surveillance of a greenhouse from four hundred feet); California v. Ciraolo, 476 U.S. 207, 215 (1986) (holding valid a warrantless aerial surveillance of a yard enclosed by a 10-foot fence). Cf. Jeff Cole, Eyes in the Skies: New Satellite Imaging Could Soon Transform The Face of the Earth, Wall St. J., Nov. 30, 1995, at A1 (describing new generation of ultra-high-quality satellite images offered for sale).

The government can use satellites to spy in the home's windows. Lisa J. Steele, Comment, The View from on High: Satellite Remote Sensing Technology and the Fourth Amendment, 6 High Tech. L.J. 317, 327-33 (1991) (discussing warrantless searches by satellite and the applicable constitutional implications). It may use heat-detection gear to monitor heat emanations from the home. See United States v. Pinson, 24 F.3d 1056, 1059 (8th Cir.) (holding that a warrantless use of infrared sensing devices did not violate the Fourth Amendment because any defendant's subjective expectation of privacy in heat emanating from her house is not one that society is prepared to recognize as objectively reasonable), cert. denied, 115 S. Ct. 664 (1994); but see State v. Young, 867 P.2d 593 (Wash 1994) (holding that warrantless use of infrared thermal detection device violates state constitution); United States v. Cusamano, 67 F.3d 1497 (10th Cir. 1995) (holding that warrantless use of thermal imager upon home violates Fourth Amendment).

Given the wide range sense-enhanced searches outside the reasonable expectation of privacy for Fourth Amendment purposes, see Scott E. Sundby, "Everyman's" Fourth Amendment: Privacy or Mutual Trust Between Government and Citizen?, 94 Colum. L. Rev. 1751, 1758-63 (1994) (explaining how the Supreme Court has used increasing permeability of home to enhanced intrusion as a reason to find no reasonable expectation of privacy for Fourth Amendment analysis), one can reasonably ask what sort of intrusions other than a simple Peeping Tom is actionable as common law trespass or invasion of privacy. Of course, unofficial invasions of privacy can be statutory offenses. Back to text at note 37.

38. See infra Part IV. Back to text at note 38.

39. "[A]ctual instances of the deterrent impact of disclosure laws are legion." Anonymous Note, supra note 9, at 1107. Back to text at note 39.

40. Cf. Dirk Johnson, Chinese in U.S. Lament Bush Victory, N.Y. Times, Jan. 27, 1990, § 1, at 10 (describing fears of Chinese students in U.S. that protests against the Beijing government would lead to persecution if they returned home and retaliation against their families). Back to text at note 40.

41. For a celebration of such "digital personalities," see Curtis E.A. Karnow, The Encrypted Self: Fleshing Out the Rights of Electronic Personalities, 13 J. Computer & Info. L. 1 (1994). Back to text at note 41.

42. Or, it may not. See supra text at note 10. Back to text at note 42.

43. There is probably a great deal more to be said on this subject. One need only to consider the enormous weight that our "identity-conscious society and legal world," Clark Freshman, Were Patricia Williams and Ronald Dworkin Separated at Birth?, 95 Colum. L. Rev. 1568, 1576 (1995) (book review), places on factors such as race, see Christopher A. Ford, Administering Identity: The Determination of "Race" in Race-Conscious Law, 82 Cal. L. Rev. 1231 (1994), to imagine the effects. Back to text at note 43.

44. NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958). Back to text at note 44.

45. 115 S. Ct. 1511 (1995). Back to text at note 45.

46. Id. at 1537 (Scalia, J., dissenting). On the link between identity and accountability see, e.g., Sally Engle Merry, Manipulating Anonymity: Streetwalkers' Strategies for Safety in the City, 45 Ethnos 157, 158 (1980) (stating that prostitutes seek to reduce their risks by "finding out as much as possible about the identities of those they encounter while hiding clues to their own identity"). Back to text at note 46.

47. 115 S. Ct. at 1537. There is some irony in Justice Scalia being so concerned that every private harm have a private remedy, when he so firmly rejects the idea that public harms necessitate a remedy. See, e.g., Webster v. Doe , 486 U.S. 592, 661-71 (1988) (Scalia, J., dissenting). Back to text at note 47.

48. Pa. S.B. 655, supra note 2. Back to text at note 48.

49. U.S. examples include the copyright law, 17 U.S.C. § 102 et seq. and the International Traffic in Arms Regulations. See 22 C.F.R. § 121.1 (XIII)(b)(1) (1994). Back to text at note 49.

50. See supra note 2 (proposals to censor the Internet). Back to text at note 50.

51. I owe the metaphor of an information ocean to Rishab A. Ghosh. See E-mail to Michael Froomkin (Jan. 11, 1995) (on file with author) (quoting from his article in Asian Age magazine of Jan. 2, 1995). Back to text at note 51.

52. See gopher://ncic.merti.edu:7043/11/statistics/nsfnet/history/hosts for a recent count of computers connected to the Internet. Today's Internet is an amalgam of many government and academic networks. An increasing number of commercial and nonprofit information service providers have joined these networks, including Dow Jones, Telebase, Dialog, CARL, the National Library of Medicine, and RLIN. Benard Aboba, How the Internet Came to Be, in The Online User's Encyclopedia (1993), available online URL gopher://gopher.isoc.org:70/00/Internet/history/how.Internet.came.to.be. The relationship between the Internet and commercial consumer information providers such as America OnLine (AOL), CompuServe and Prodigy continues to evolve. At their inception these services provided no Internet connectivity. They then began to offer limited gateways for the exchange of electronic mail. Now they are expanding their gateways to allow their users to gain access to the World Wide Web, and sometimes to other Internet services as well. The number of subscribers is also growing rapidly. Subscriber growth is estimated at 25% or more per year. During the first three months of 1995, U.S.-based PC online services added more than 1 million subscribers. Testimony of William. W. Burrington, Assistant General Counsel and Director of Government Affairs, America OnLine, Inc before the Senate Subcommittee on Terrorism, Technology, and Government Information 6 (May 11, 1995), available online LEXIS library Nexis, Curnws File [hereinafter Burrington Testimony]. However, the commercial access provided by large national ISPs is primarily one-way, and it is unclear to what extent commercial ISPs desire to allow persons outside their service to have Web or FTP access to information generated by subscribers. Market pressures, notably the desire of users to have their Web pages widely read, appear to be promoting this development. Back to text at note 52.

53. More than 93% of U.S. households had telephones in 1990. Warren G. Lavey, Universal Telecommunications Infrastructure for Information Services, 42 Fed. Comm. L.J. 151 (1990) (citing FCC News No. 723: Preliminary Domestic Information from Statistics of Communications Common Carriers Released by FCC, at Table 9 (1989)). Thirty percent of U.S. households have a computer. David Bender, The Microsoft Antitrust Wars, Practicing Law Institute, Patents, Copyrights, Trademarks, and Literary Property Course Handbook Series (No. G4-3942) June 22-23, 1995 (available online WESTLAW tp-all database).

Currently the Internet reaches more than 90 countries; at least 160 have e-mail connectivity. Burrington Testimony, supra note 52, at 7.

The Clinton Administration has stated that it intends to make widespread access a cornerstone of its National Information Infrastructure policy. "Because information means empowerment, the government has a duty to ensure that all Americans have access to the resources of the Information age . . . [the NII will attempt to] Extend the 'universal service' concept to ensure that information resources are available to all at affordable prices." The National Information Infrastructure: Agenda for Action, 58 Fed. Reg. 49,025, 49,027-28 (1993).