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And you need a warrant to go through a person's mail. How is that not defacto policy for digital privacy?
by ngold 7y ago
And you need a warrant to go through a person's mail. How is that not defacto policy for digital privacy?
- lonelappde 7y agoThe EARN IT law enables warrants for digital privacy. The problem is that the choice is between "warrants are impossible due to encryption" and "warrants can be skipped by misbehaving actors". There's no way to guarantee a middle ground.
- caseysoftware 7y agoThird-party doctrine. It is awful but well-established. If you want a good grounding in the legal precedents - both laws and decisions - that have gotten us here, read Habeas Data. Great book laying out all the terrible implications.
- zlynx 7y agoThere is also no rule enforcing people to write mail in English. They are legally allowed to use made up languages, codes, encryption, etc.
- Klonoar 7y agoWell, this is not truly defacto - if it's less than six months old, sure. There's some ancient history that complicates it. In practice I'm pretty sure Google and other providers will fight for a warrant (citing US vs Warshak), but technically speaking anything older than six months could be gotten with an administrative subpoena. Of course, there's a whole 4th Amendment discussion there. And IANAL, so feel free to fact check whatever. This has seen attempts at being fixed but dies in the Senate each time: https://en.wikipedia.org/wiki/Email_Privacy_Act#Background_and_bill_provisions https://en.wikipedia.org/wiki/Email_Privacy_Act#Background_a...