Constitutional expert Stephen I. Vladeck – Professor of Law and the Associate Dean for Scholarship at American University Washington College of Law – disagreed.
Here’s the exchange:
Rogers: I would argue the fact that we haven’t had any complaints come forward with any specificity arguing that their privacy has been violated, clearly indicates, in ten years, clearly indicates that something must be doing right. Somebody must be doing something exactly right.
Vladeck: But who would be complaining?
Rogers: Somebody who’s privacy was violated. You can’t have your privacy violated if you don’t know your privacy is violated.
Vladeck: I disagree with that. If a tree falls in the forest, it makes a noise whether you’re there to see it or not.
Rogers: Well that’s a new interesting standard in the law. We’re going to have this conversation… but we’re going to have wine, because that’s going to get a lot more interesting…