• Spotlight7573@lemmy.world
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    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
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      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
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        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?