On Wed, 25 Apr 2001, David Honig wrote:
> >So we instead force everyone to reveal that they are recording, in all
> >cases then. That's the only way a 'mutual contract' can work, take away
> >the 'right not to speak'.
>
> No Jim, what's *nice* about this is that it makes recording-restrictions a
> *Private Contractual* matter, not a *State Violence* matter.
It's a private matter under this law, only the process whereby they must
agree is proscribed. Nobody says they can't still have their discussion or
record it.
But if it's left as a totaly 'private' matter then each case must be
handled seperately and a whole (costly) 'contract negotiation phase' must
be gone through every time. Too complicated.
Besides, without some 3rd party to 'notarize' the contract any party can
renig at any time, say come back later and claim they didn't actually give
permission.
> Surely you agree that one can enter into private contracts that constrain
> your freedom in ways beyond what the State can do.
No, not really. Both are quite capable of constraining your freedom to the
same degree of abuse. It's people doing it to people, whether you put a
label of 'state' or 'private' on it doesn't really change the face of the
problem one whit.
> If entered into without duress, and while mentally and legally competent,
> this is moral as no coercion is involved.
Morality doesn't require one to abandon 'coercion', in fact 'morality' IS
a form of 'coercion'.
'...without duress', reminds me of a comment made on a TV cop show about
capital punishment. Something along the lines of...
"The only way to commit capital punishment without cruel and unusual
punishment is to tell the person you've forgiven them and are letting them
go, and then shooting them in the back of the head."
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The Armadillo Group ,::////;::-. James Choate
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