Sorry about the lack of blogging. I'ts hard to do this when they expect you to work for a living, too.

The Volokh Conspiracy is a little critical of the ACLU cyberchief's concerns over potentially eroding privacy. The thought is that the discussion should focus on what the law is now, as opposed to the potential for abuse in the future.

I see where the ACLU guy is coming from, though. It's important to consider how trends may affect us. Often, legislative initiatives or regulatory mandates might not have an immediate effect on us, but are simply the first salvo in a longer term effort toward a goal that's kept in the dark. Prognostication as to what might happen in the future based on the current state of affairs is valid, and valuable.