THIRD PARTIES. >> WELL, THAT SOUNDS REASONABLE. DEPENDS ON WHAT THE INFORMATION IS. I WAS THINKING LISTENING TO PROFESSOR COLE. I DON'T UNDERSTAND EXACTLY WHAT IS THE INFORMATION THAT HE'S WORRIED ABOUT? I WAS JUST LOOKING -- I HAVE A CELL PHONE, iPHONE SIX. SO IF SOMEONE DRAINED MY CELL PHONE, THEY WOULD FIND A PICTURE OF MY CAT -- [LAUGHTER] PHONE NUMBERS, SOME E-MAIL ADDRESSES, SOME E-MAIL TEXTS. WHAT'S THE BIG DEAL? OTHER PEOPLE MUST HAVE REALLY EXCITING STUFF. [LAUGHTER] ON THEIR CELL PHONES. DO THEY NARRATE THEIR ADULTERIES OR SOMETHING LIKE THAT? WHAT IS IT YOU'RE WORRIED ABOUT? >> THAT'S A GREAT QUESTION, JUDGE POSNER. AND I, LIKE YOU, HAVE ONLY PICTURES OF CATS ON MY PHONE AND A WORD ABOUT ANYTHING FOR MYSELF BUT I'M WORRIED FOR OTHERS. NO, I MEAN, YOUR QUESTION WHICH GOES BACK TO YOUR ORIGINAL STATEMENT OF WHAT'S THE VALLEY OF PRIVACY UNLESS YOU'VE GOT SOMETHING TO HIDE? THAT IS I THINK A VERY, VERY SHORTSIGHTED WAY OF THINKING ABOUT THE VALUE. I AGREE WITH MICHAEL. PRIVACY IS CRITICAL TO DEMOCRACY, CRITICAL TO POLITICAL FREEDOM, CRITICAL TO -- YOUR QUESTION ALSO BRINGS TO MIND A CARTOON THAT WAS IN "THE NEW YORKER" JUST THE LAST COUPLE ISSUES WHERE A COUPLE ARE SITTING IN BED AND HAVE A VIDEO SURVEILLANCE CAMERA OVER EACH ONE OF THEM LOOKING, TRAINED DOWN ON THE BED. THE WIFE SAYS TO THE HUSBAND, WHAT ARE YOU CONCERNED ABOUT IF YOU'VE GOT NOTHING TO HIDE? NOTHING TO DO. IT SEEMS TO ME THAT ALL OF US AND WHETHER WE ARE ENGAGED IN ENTIRELY IN CAPITAL OF THE BEHAVIOR OR WHETHER -- CAT LOVING BEHAVIOR. OR WHETHER WHERE GOING TO PSYCHIATRIST OR A PORTION OF PROVIDERS OR RAPE CRISIS CENTERS OR ALCOHOLICS ANONYMOUS GROUPS, OR HAVE AN AFFAIR. ALL OF US HAVE SOMETHING TO HIDE. AND I THINK THE KIND OF -- EVEN IF YOU DON'T HAVE ANYTHING TO HIDE AND TO LIVE A LIFE THAT COULD BE ENTIRELY TRANSPARENT TO THE REST OF THE WORLD, I STILL THINK THE VALLEY OF THAT LIFE WOULD BE GENETICALLY DIMINISHED IF IT HAD TO BE TRANSPARENT. SOMETHING, AGAIN, YOU SHOULD SAY WELL, THESE YOU'VE GOT NOTHING TO HIDE, YOU'RE NOT ENGAGED IN CRIMINAL ACTIVITY, LET'S PUT THE TWO CAMERAS IN EVERY PERSON'S BEDROOM. AND LET'S JUST RECORD THE VIDEO 24/7 IN THE BEDROOM BUT WE WON'T LOOK AT IT. WE WILL LOOK AT IT UNTIL WE HAVE REASON TO LOOK AT IT. YOU SHOULD BE CONCERNED BECAUSE -- >> THAT'S A SILLY ARGUMENT. SPIN A GLOBE, BASED ON A NEW YORKER CARTOON. [LAUGHTER] >> THE SEX VIDEOS, THAT'S -- WHAT YOU SHOULD BE SAYING IS, YOU SHOULD BE WORRIED ABOUT THE TYPES OF REVELATION AND PRIVATE CONDUCT WHICH DISCOURAGE PEOPLE FROM DOING CONSTRUCTIVE THINGS. SO YOU MENTIONED ALCOHOLICS -- >> I FIND A SEX TO BE A CONSTRUCTIVE THING. >> LET ME FINISH, WILL YOU, PLEASE? >> SURE. >> IT'S A GOOD EXAMPLE, RIGHT? YOU COULD HAVE A PERSON WHO HAS AN ALCOHOL PROBLEM SO HE GOES TO ALCOHOLICS ANONYMOUS BUT HE DOESN'T WANT THIS TO BE KNOWN. IF HE CAN'T PROTECT THAT SECRET AND HE DOESN'T, AND THEN HE'S NOT GOING TO GO TO ALCOHOLICS ANONYMOUS AND THAT'S GOING TO BE BAD. SO THAT'S THE SORT OF THING YOU SHOULD BE CONCERNED ABOUT RATHER THAN SEX VIDEOS. AND THERE I AGREE WITH YOU. THEY ARE I AGREE, THAT'S A GOOD EXAMPLE OF A TYPE OF PRIVATE INFORMATION THAT SHOULD BE PROTECTED. >> LET ME GIVE YOU AN EXAMPLE OF SEX PRIVACY. I THINK WE ALL HAVE AN INTEREST IN KEEPING OUR SEX LIVES PRIVATE. THAT'S WHY WE CLOSED DOORS TO OUR VETERANS CONSIDER EDITING THAT'S A LEGITIMATE INTEREST AND A LEGITIMATE CONCERN BUT IT'S NOT BECAUSE YOU SOMETHING WRONG YOU WANT TO HIDE BECAUSE INTIMACY REQUIRES PRIVACY TO NUMBER ONE. NUMBER TWO, THINK ABOUT THE GOVERNMENT USE OF SEX INFORMATION WITH RESPECT TO DR. MARTIN LUTHER KING. THEY INVESTIGATE HIM, INTRUDED UPON HIS PRIVACY BY BUGGING HIS HOTEL ROOMS, LEARNED HE WAS HAVING AN AFFAIR AND THEN SOUGHT TO USE THAT COMBAT THE THREAT OF DISCLOSING THAT A FAIR TO CHANGE HIS BEHAVIOR. WHY? BECAUSE HE WAS AN ACTIVE POLITICAL DISSIDENTS FIGHTING FOR JUSTICE. WE HAVE A HISTORY OF THAT. OUR COUNTRY HAS A HISTORY OF THAT. MOST COUNTRIES HAVE A HISTORY OF THAT, AND THAT'S ANOTHER REASON THAT THE GOVERNMENT WILL USE INFORMATION THAT DOESN'T NECESSARILY CONCERNED THEM TO TARGET PEOPLE WHO THEY ARE CONCERNED ABOUT BECAUSE, NOT JUST BECAUSE OF THEIR ALCOHOL PROBLEM, NOT JUST BECAUSE OF THEIR SEXUAL PROCLIVITIES BUT BECAUSE THEY HAVE POLITICAL VIEWS AND POLITICAL IDEAS THAT THE GOVERNMENT DOESN'T APPROVE OF SPENT JUDGE POSNER, WOULD YOU LIKE TO RESPOND? >> IT'S PRETTY FAR AWAY FROM CELL PHONE SEARCH IS NOW, AREN'T YOU? >> OUTOUTFIT NOT. AGAIN, THE QUESTION IS -- >> SEX PHOTOS ON YOUR CELLPHONE? >> I IMAGINE IF DR. MARTIN LUTHER KING WAS HAVING AN AFFAIR IN 2014 AS OPPOSED THE 1960s, HIS CELL PHONE FROM HIS SMARTPHONE WOULD HAVE QUITE A BIT OF EVIDENCE THAT WOULD LEAD THE GOVERNMENT TO THAT AFFAIR. HE WOULD HAVE CALL LOGS. HE MIGHT HAVE TEXTS COME HE MIGHT OF E-MAILS. ALL THAT WOULD BE ON THE PHONE. >> MICHAEL, I'D LIKE TO TURN TO YOU. MICHAEL, YOU MENTIONED PRIVACY AS A PRECONDITION FOR...