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It's not illegal unless you have standing to challenge it in court. Standing is used by government (at least in the US) to allow all sorts of likely illegal act
by coldcode 11y ago
It's not illegal unless you have standing to challenge it in court. Standing is used by government (at least in the US) to allow all sorts of likely illegal activities but without a court explicitly making it illegal they can get away with almost anything.
- geggam 11y agoWhat happened to common sense spirit of the law violations ? The 4th amendment is plain English. Why do we let lawyers pollute the system with "translations"
- mikeash 11y agoIt may be plain English, but it's also highly ambiguous English. Who decides what is "unreasonable"? I agree that they've taken this stuff way too far, but that doesn't mean that my idea of the text is the "plain English" interpretation, and theirs is the "lawyerly translation" version.
- geggam 11y agoBut the spirit remains the same. The concept is you are safe from search without a warrant. If they are able to apply copyright to digital media then its assumed the same as paper. If it is assumed the same as paper then it seems obvious that its safe from search.
- mikeash 11y agoThe plain English wording says that you are safe from unreasonable searches. Everything hinges on the interpretation of "reasonable," which is not a matter of "plain English" because plain English doesn't define "reasonable" with sufficient precision.
- geggam 11y agoonly for lawyers... its obvious the concept is to protect citizens from govt dragnets... to anyone who isnt attempting to pervert the spirit of the law
- mikeash 11y agoYou've gone from "plain English" to "spirit of the law" which is way different. Again, I agree with you, but this position is not something you arrive at by just reading the 4th Amendment and then understanding its words without legal context.
- geggam 11y agoCant reply to your last statement... but read my initial post.
- TrevorJ 11y agoIn what world is using a damn airplane to get the location of mass numbers of people by exploiting their cell phones considered reasonable? It's ridiculous that people aren't in jail over this kind of bullshit.
- TrevorJ 11y agoIn what world is using a damn airplane to get the location of mass numbers of people by exploiting their cell phones considered reasonable? It's ridiculous that people aren't in jail over this kind of bullshit.