“A computer records things indefinitely. “It never
forgets, and never forgives,” says Rosenbaum. A mixture of
techniques, ranging from simply knowing where to look to high-tech
retrieval methods such as scanning tunnelling microscopy, make it
possible to dig up a whole host of information from a hard drive or
a floppy disc.”
“Rosenbaum is troubled by the fact that this allows words never
intended to be seen by others to be exhumed for all to see. He says
it is unethical to take words that were never intended to be
published, and use them as evidence against their author. It’s like
punishing people merely for thinking things they shouldn’t, he
says.”
“So Rosenbaum is seeking a way to protect people from the perils
of modern technology. In a recent issue of the progressive law
journal Green Bag, he proposes that the courts should no longer be
permitted to attach legal value to “cyber trash”. At the very
least, Congress should pass a law limiting the legal lifespan of
deleted data.”