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The crux of this argument and the propaganda the current administration lawyers have been shilling centers around whether these searches (ie, mass collection of
by Zooper 11y ago
The crux of this argument and the propaganda the current administration lawyers have been shilling centers around whether these searches (ie, mass collection of US citizen data) are unreasonable. I reject your argument that searches are reasonable because the internet infrastructure is currently fundamentally flawed; as already concluded in Katz v. United States, an unlawful search occurs when a "reasonable expectation of privacy" is violated. Given your own argument, any and all attempts by end users to obtain privacy, via https or otherwise, constitute an individual reasonably expecting privacy and therefore any information gathered is done so illegally.
- rayiner 11y agoThe "reasonableness" standard is objective not subjective reasonableness. It's objectively unreasonable to think that your data in say gmail, which is stored in a form accessible to many people you've never met, and is in fact data-mined by the host, is somehow "private." If I keep an unlocked box full of papers in my neighbors garage, and he sometimes rifles through them looking for something interesting, can I say that box is "private"? Maybe if the box is locked and only I have the key (I.e. Client-side encryption) but not if I send it to him locked but give him the key (I.e. HTTPS). Again, it's not about legal technicality or technical technicality. It's about whether the information is actually "private."
- Zigurd 11y agoMillimeter wave imaging means any building can be made transparent, and your privacy within that building is a social construct.