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The additional search areas limit the potential for collateral intrusion though, because they are essentially going to be ANDed with the list from the main crim
by JoeSmithson 8y ago
The additional search areas limit the potential for collateral intrusion though, because they are essentially going to be ANDed with the list from the main crime scene not ORed. Even if the whole town visited those markets, it could never be more intrusive. Also, the reasonably wide rectangle is precisely because the location data is not particularly accurate, I am not sure why you think this supports the idea that it should be smaller.
I'm honestly shocked that people think that the police are overstepping the mark by requesting anonymised phone data from around the scene of a home invasion murder.
Over the last few years I've watched the privacy debate on HN evolve from completely legitimate criticism of mass surveillance programs with insufficient transparency and oversight, to criticising a detective getting a warrant from a judge, that is specifically written to request anonymised data! While investigating a murder in his community!
> The original police-work methods they were using, which they admitted in their court-filings as having actually led to the suspects? The confidential informant being chief amond those, yeah?
The level of proof required in a criminal case is incredibly high, what's more police have a responsibility to find all assailants as well as test the veracity of witness reports and follow all reasonable lines of enquiry.
"Witness is lying", "Someone stole my car" etc etc. All these will be presented as defences. They don't even need to be probable, because the prosecution needs to clear a very high bar of proof. This is why police collect as much evidence as they can and don't just stop when they think they know who did it.
Ultimately the detective has a responsibility to the wife who's husband is dead - and to society in general - to make sure people face justice when they offend, and they can't half arse it.
(Disclosure: I am a detective)
- ummonk 8y ago>to criticising a detective getting a warrant from a judge, that is specifically written to request anonymised data! While investigating a murder in his community Exactly. I'm extremely pro-privacy (and don't hold a particularly high opinion of police either), but I see nothing wrong here. They made sure to get warrants, made sure the data obtained via the first warrant was anonymized, and then obtained a much more narrowly scoped warrant once they identified a single phone in the dataset that closely corresponded to the facts of the murder. This should be a textbook example of properly protecting privacy while investigating and closing a crime case. This reminds me of some of the handwringing over police submitting cold case DNA samples to ancestry companies and catching their perpetrator via a match with one of their relatives. That should be something to celebrate, not be concerned about.
- renholder 8y ago>I'm honestly shocked that people think that the police are overstepping the mark by requesting anonymised phone data from around the scene of a home invasion murder. I think you're trying to tout that the ends justify the means by obfuscating the facts. There was no murder. The man died of a heart attack. While the home invasion was undoubtly the cause, to arrive at the conclusion that it was murder is disingenuous. Manslaughter, possibly, if you could prove that the heart attack wouldn't have occurred without the home invasion but that's extremely difficult. >Over the last few years I've watched the privacy debate on HN evolve from completely legitimate criticism of mass surveillance programs with insufficient transparency and oversight, to criticising a detective getting a warrant from a judge, that is specifically written to request anonymised data! Because the latter can directly lead to former. What happens to this data, when it's "no longer needed" because the police believe that they have a suspect? Do you honestly believe that it's deleted? This is in the United States, after all. >While investigating a murder in his community! Just because you repeat a lie, it doesn't mean it is the truth. >...what's more police have a responsibility to find all assailants as well as test the veracity of witness reports and follow all reasonable lines of enquiry. and >Ultimately the detective has a responsibility to the wife who's husband is dead - and to society in general - to make sure people face justice when they offend, and they can't half arse it. Negating the continual lie you're propogating, this line of justice-boner thinking is exactly how the "Investigation Center" (for lack of a better moniker at the moment) in Chicago[0] came to be. Whatever it takes to make sure that justice is served, yeah? After all, from the inference that I get from your statement, the police owe it to the community that justice is served and it's their responsibility to make sure that it happens, no matter what, yeah? Furthermore, I don't think that you quite understand that anonymised data doesn't implicitly mean that an end-user is anonymous. The two principles are quite distinct and far-removed. (Disclaimer: I lean heavily towards anti-authoritarianism.) [0] - https://www.theguardian.com/us-news/2015/feb/24/chicago-police-detain-americans-black-site https://www.theguardian.com/us-news/2015/feb/24/chicago-poli...
- JoeSmithson 8y agoI'm going to duck out of this because I don't believe you are assuming good faith on my part
- geggam 8y agoyou familiar with this ? The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Pretty sure "grab that pile of anonymous bits" isnt a proper description ;)
- bagacrap 8y agoHow do you expect a group of politicians from the 18th century to weigh in on the acceptability of this type of warrant? Even politicians from this century don't understand technology.
- geggam 8y agoHow do you invalidate a legal concept like "define that which you want to seize" because old people founded the nation ? The old coots dont have to know how to define it. The modern police do and I want the phone records for those several thousand people doesnt cut it
- UncleEntity 8y ago> How do you expect a group of politicians from the 18th century to weigh in on the acceptability of this type of warrant? Because they lived through a time when blanket warrants were common and decided that they were not to be allowed in this new political framework? --edit-- err, "general warrant" is what I meant to say...