Amending Amendments

While it is tempting to say that the Bill of Rights will be able to provide a solid footing on its own, the past three months have convinced me otherwise. The Bill of Rights should not be seen as the end-all of our civil liberties – rather, it should be seen as a stepping-stone for further elaborations of our rights. Clearly, the Founding Fathers did not have complete ideas of what our freedoms should entail, which is why the Bill of Rights is so vague in particular areas. While Lessig is correct that these ideas of liberty were conceived in relation to the technological limitations of the time, these ideas were also left open-ended. Though these rights are a product of their times, they are also principles from which we take inspiration for how to interpret what our civil liberties should be.

As such, here are the Digital Age amendments, labeled and ordered by the amendment that they amend further.

1.1. In order to promote a free culture of ideas, works of intellectual property shall be under copyright no longer than the natural life of their creator(s).
1.2. Free speech is protected online, unless it is meant to incite violence or harassment within the analogue world.
1.3. As bastions of both liberty and factories of democratic dialogue, libraries shall not use filtering software on their computers, unless they are pre-secondary educational institutions.
1.4. Online anonymity shall be protected, unless the speech is meant to incite violence or harassment.
1.5. The solicitous nature of spam nullifies any free speech protection – therefore, people should be allowed to protect themselves against spam.
4.1. People shall have a reasonable expectation of privacy for both their laptop and desktop computers, unless these computers are owned by a third party such as an employer or a school.
4.2. Due to the idiosyncrasy of telecommunication technology, this technology’s dependence on third-party storage and facilitation shall not be used to nullify the users’ right to privacy.
4.3. A warrant will be required in order to access private databases.
4.4. The right to privacy shall not be assumed at security chokepoints such as airports and at national borders – law enforcement agents may investigate individuals based on reasonable suspicion.
5.1. Courts may claim jurisdiction wherever the offender is located in the analogue world.
5.2. Encrypted software shall be protected under the fourth amendment, however, if there is reasonable suspicion as to the contents, then a warrant may be issued without infringing on the right against self-incrimination.
6.1. So as to retain the austerity of the courts, cameras meant for broadcast shall not be allowed within the courtroom.

Within my amendments, the Constitution remains an influence and indeed an inspiration, though it is clear that the advent of the Digital Age necessitates changes. I feel that these principles I have elaborated can provide a broad enough guide to judges so as to protect our civil liberties in the face of technological change.