realspace

In his view, the Supreme Court has gotten the Fourth Amendment horribly wrong in realspace: Its protections are not nearly strong as they should be, reflecting decades’ worth of constitutional mistakes.

The Volokh Conspiracy » 2010 » April 2010

In his view, the Supreme Court has gotten the Fourth Amendment horribly wrong in realspace: Its protections are not nearly strong as they should be, reflecting decades’ worth of constitutional mistakes.

The Volokh Conspiracy » The Internet, The Fourth Amendment, and Technology Neutrality: A Response to Horowitz 2010

I personally find the non-face-to-face format liberating: it removes all judgment of the character based on the person’s actions/appearance in realspace (the Suspenders of Disbelief tend to get lots of overtime work when the player of a dainty pixie princess digs into his Cheetos, and this dilemma isn’t limited to just LARPing).

On Immersion « Geek Related 2009

On it we see the free market of ideas and services flourish even as the politicians try to stamp out civil society in realspace.

ACTION ALERT: Say NO! to Internet Taxation | Disinformation 2007

If substantial disanalogies between realspace and cyberspace exist, then one can no longer convincingly argue as a matter of conceptual translation devoid of additional considerations that concepts derived from one domain should as a matter of course be applied to a different domain.

The Volokh Conspiracy » The Internet, The Fourth Amendment, and Technology Neutrality: A Response to Horowitz 2010

You also seem to view your argument as being neutral with respect to particular rules (i.e. regardless of what the realspace 4A balance is, the cyberspace 4A balance should mirror it).

The Volokh Conspiracy » The Internet, The Fourth Amendment, and Technology Neutrality: A Response to Horowitz 2010

Put simply, the Fourth Amendment should do for cyberspace what it does for realspace.

The Volokh Conspiracy » 2010 » April 2010

I am hesitant to ascribe any of these considerations to you without being more familiar with your work, but it does seem that (at least implicitly) your theory has the effect (as Mr. Horowitz pointed out in his blog post) of supporting the same realspace/cyberspace 4A balance despite different facts (whether or not this ultimately strengthens or weakens 4A protections is up for debate):

The Volokh Conspiracy » The Internet, The Fourth Amendment, and Technology Neutrality: A Response to Horowitz 2010

Now if he is following the argument ‘cyberspace should mirror what realspace is or ought to be’, the focus on realspace ‘what oughts’ is understandable.

The Volokh Conspiracy » The Internet, The Fourth Amendment, and Technology Neutrality: A Response to Horowitz 2010

This seems to me to embody your own assumption that the 4A balance in cyberspace should be like the balance in realspace.

The Volokh Conspiracy » The Internet, The Fourth Amendment, and Technology Neutrality: A Response to Horowitz 2010