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Fundamental rights are not a whitelist of approved behaviours. Just because there's no official document sitting in archive saying we have the right to encryption doesn't mean it's not a fundamental right.


Amendment 9 - Ratified 12/15/1791.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


It means that right is protected by law. That is a whitelist.




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