[EL] Check out F.D.A. Surveillance of Scientists Spread to Outside Critic...

Jon Roland jon.roland at constitution.org
Tue Jul 17 08:57:18 PDT 2012


The appropriate standard should be having a "reasonable perception of a
significant risk" of harassment or retaliation, not actual harassment.
It is that perception that chills, even if the risk is not as great as
one might fear. Since such perception is almost always reasonable for
any controversial cause with strong feelings at play, the rule must be
anonymity as the default with disclosure only by court order or warrant.
This needs to be brought under a zone of expectation of privacy the
protection of which is provided by the Fourth Amendment.

-- Jon

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