• NocturnalMorning@lemmy.world
    link
    fedilink
    English
    arrow-up
    41
    ·
    11 months ago

    How are we not suing the ever living shit out of the government for violating peoples 4th ammendment rights? This is a gross violation of the unreasonable search and seizure clause in the constitution.

    • Spotlight7573@lemmy.world
      link
      fedilink
      English
      arrow-up
      22
      ·
      11 months ago

      Third party doctrine for one: the data held by third parties has no expectation of privacy, even if it’s about you.

      From Wikipedia:

      The third-party doctrine is a United States legal doctrine that holds that people who voluntarily give information to third parties—such as banks, phone companies, internet service providers (ISPs), and e-mail servers—have “no reasonable expectation of privacy” in that information. A lack of privacy protection allows the United States government to obtain information from third parties without a legal warrant and without otherwise complying with the Fourth Amendment prohibition against search and seizure without probable cause and a judicial search warrant.

      Basically the government’s argument: if you wanted it to remain private, you wouldn’t have given it to someone else.

      I’m reality, it’s an area of law that desperately needs to be updated.

      • NocturnalMorning@lemmy.world
        link
        fedilink
        English
        arrow-up
        15
        ·
        11 months ago

        The problem is that you almost can’t function in modern society without having a phone. So their argument is in bad faith, and really should be checked.

        • thecrotch@sh.itjust.works
          link
          fedilink
          English
          arrow-up
          2
          ·
          11 months ago

          The same EU that’s desperately trying to ban end to end encryption and dictate which certification authorities browsers have to support so they can spy on you better?

    • reddig33@lemmy.world
      link
      fedilink
      English
      arrow-up
      4
      ·
      11 months ago

      It will take someone being brought in on evidence gathered by this method to get it overturned. It would probably wind its way up to the Supreme Court.

    • sadreality@kbin.social
      link
      fedilink
      arrow-up
      1
      ·
      11 months ago

      4AM protects your person and property from unreasonable searches. Creepy Tim and Satya collect data on your online behavior, which is owned by their company. They can do with that data as they please, which they do.

      They put themselves in the middle and now acting shocked that government is shaking them down for this.