The damage to commercial and private interests by the Federal government?s activities can be characterized by what is termed the ?knock on? effect. For example, just this morning I was on the phone with a business partner about information regarding an ongoing patent search that we are conducting for a new commercial product. As we spoke I stopped my partner in mid-sentence claiming that the phone conversation was not appropriate given the state of the state. In other words our communication, containing confidential and privileged information, may not be safe from prying eyes. The damage, our inability to reliable use telephone networks to convey ideas, could significantly impact our business and possibly future revenue by way of a compromised telephone communication. Just the fact that a question now exists with respect to the government?s intent (not clear given statue and law), our ability to act quickly and in timely manner, as is the nature in patent filing (time of filing is critical), our company?s process has been indirectly and negatively impacted by the government?s activities. This is why clarity is so important and that the government must remain ?transparent? or those that work and live here are certainly going to impacted by the lack of transparency.

Another question that may also need to be asked is; does the government act as a ?service provider? when military or government networks are used to convey data or communication services for the public sector? For example, if backbone providers such as Qwest or AT&T provide network services for the government and uses that network to pass other traffic through it, is that traffic held to same standards as a public-to-public network communications? I would assume that there is some very murky water here and should give one pause when considering whether or not the government is actively subverting the fourth amendment.


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