Muni network ownership and the Fourth

Jay Ashworth jra at
Tue Jan 29 15:59:31 UTC 2013

----- Original Message -----
> From: "Rob McEwen" <rob at>

> (C) The fact that the Internet is a series of PRIVATE networks... NOT
> owned/operated by the Feds... is a large reason why the 4th amendment
> provides such protections... it becomes somewhat of a "firewall" of
> protection against Federal gov't trampling of civil liberties... but
> if they own the network, then that opens up many doors for them.

Regular readers know that I'm really big on municipally owned fiber networks
(at layer 1 or 2)... but I'm also a big constitutionalist (on the first, 
second, fourth, and fifth, particularly), and this is the first really good
counter-argument I've seen, and it honestly hadn't occurred to me.

Rob, anyone, does anyone know if any 4th amendment case law exists on muni-
owned networks?

-- jra
Jay R. Ashworth                  Baylink                       jra at
Designer                     The Things I Think                       RFC 2100
Ashworth & Associates         2000 Land Rover DII
St Petersburg FL USA               #natog                      +1 727 647 1274

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