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>> All digital communications and associated metadata are made in a public domain, and should have very limited expectations of privacy.

This is where we depart. Just because it is a public network does not mean that people somehow naturally consent to monitoring by anyone and everyone, nor that they should have to consent to this stuff. The telephone network is a good example of public and private infrastructure in which one still has the expectation of privacy.

>> If digital communication is encrypted, or marked as anonymous

And what if someone, mostly without notifying us, loads a script into our browser that tracks everything we do and reports back to mother?

This is not a case of people marking data private, nor is it 'digital communication' this is intrusion.




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