On these factors,
who is safe? What property is safe? The Borings are just everyday
people.
The Borings are not
injured as a matter of law because they have not installed a fence and
because they receive sunshine into their yard.
Must we become
“hermits” not to be ogled? Must we now concede the sun?
“The
Borings' yard is visible from the air...” [Google Br. 8]
[Streisand] has taken no steps to preclude persons passing
by in airplanes from seeing into her back yard. [Streisand, p.
32:L14, emphasis supplied].
Amber waves of
grain, guard dogs, fences and opaque domes.
Google’s
presupposition is that Americans must have, and must plead, barriers of
power to prevent entry. [Google Br. 2] Google blames the Borings, common
people, for not fencing themselves in against Google, and uses aerial
photography at 5,000 feet for the proposition that Google is rightful to
be at on the Borings’ driveway.
Google’s
requirement of a barrier fence is as illogical as arguing law-abiding
citizens must incarcerate themselves from the criminals.
Through pleading
rules, Google puts us at unhappy war with ourselves, mere words not
being enough. The idea of necessary gates and guard dogs is
abhorrent to the principles of a free and civilized society, although,
it is admitted that such things are necessary to defend against rodents
and wild dogs.
We are not brutes.
Words should be enough.
___________________________
Freedom begins with
the right to be left alone. Security in property is not an incidental
right, it is a fundamental right — if not the seminal principle upon
which the United States of America was founded. We know that technology
and property rights are not irreconcilable, there just needs to be an
incentive.
It is proper
to take alarm at the first experiment on our liberties. We hold this
prudent jealousy to be the first duty of citizens and one of the
noblest characteristics of the late Revolution. The freemen of
America did not wait till usurped power had strengthened itself by
exercise and entangled the question in precedents. ... We revere
this lesson too much ... to forget it.”
James Madison
[called "Father" of the United States Constitution] “Memorial and Remonstrance,” in Rives and Fendall, Letters and Other
Writings of James Madison, 1:163.
I believe
there are more instances of the abridgement of the freedom of the
people by gradual and silent encroachments of those in power, than
by violent and sudden usurpations....This danger ought to be wisely
guarded against.
James Madison.
Jonathan Elliot, ed. The Debates in the Several State Conventions on the
Adoption of the Federal Constitution, 5 vols. 3:87. Philadelphia: J.B.
Lippincott Company, 1901.
