According to Posner's logic: "never finds out, and the analyst of course has no idea who this person is. Has a human right been violated? It is hard to identify an affront to human dignity, or even a harm"
So then as long in his world:
--A college guy having sex with a passed out girl who never finds out (as long as she isn't pregnant or has contracted a disease)is neither a "violation" nor "an affront to human dignity".
--Peeping Toms do not violate privacy as long as they never reveal what they are doing and the target never finds out.
--Any corporation/agency/organization can put spyware on your comp, cameras in your house, and GPS tracking on your car and monitor all your activity as long as you never find out and they don't actually "use" it.
This is a creepy line of thinking even if we ignore the naievete of trusting the government never to use it. Allowing the collection of data without seeing its inevitable "use" and abuses is like saying a death threat isn't a violation until the knife point breaks your skin.
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