The Federal Communications Commission's new "net neutrality" rules, passed on a partisan 3-2 vote yesterday, represent a huge win for a slick lobbying campaign run by liberal activist groups and foundations. The losers are likely to be consumers who will see innovation and investment chilled by regulations that treat the Internet like a public utility.

READ THIS BEFORE EXPORTING (or you might destroy the world)

So says a California state court (citations omitted):

First, night goggles are commonly used by the military, police and border patrol, and they are available to the general public via Internet sales. More economical night vision goggles are available at sporting goods stores.  Therefore, unlike thermal imaging devices, night vision goggles are available for general public use.

Second, state and federal courts addressing the use of night vision goggles since Kyllo have discussed the significant technological differences between the thermal imaging device used in Kyllo, and night vision goggles. Night vision goggles do not penetrate walls, detect something that would otherwise be invisible, or provide information that would otherwise require physical intrusion. The goggles merely amplify ambient light to see something that is already exposed to public view. This type of technology is no more "intrusive" than binoculars or flashlights, and courts have routinely approved the use of flashlights and binoculars by law enforcement officials.

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