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I think the problem is then: how do you decide, and build a consensus, about how much use is too much use? Especially given that the use is covert, you might not even know when it passes the threshold you might find abhorrent.

That's why my preferred kind of civil liberty protection relies on bright-line rules. Saying, "it's OK until it starts to feel excessive" is an invitation to law enforcement to go up to, and then beyond, that abusive line – in secret – waiting for some sort of delayed backlash as the only check.




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