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In general, law enforcement has to get very specific warrants accurately indicating where they're going to search and what they hope to seize. This includes bot
by faboo 15y ago
In general, law enforcement has to get very specific warrants accurately indicating where they're going to search and what they hope to seize. This includes both physical locations and, usually, computers. Additionally, case law makes a distinction between property that you personally own and/or control (e.g. your house that you live in), and property that is shared (e.g. the apartment you rent with a buddy), and recognizes that the part of something that is "yours" (your room in your shared apartment, for instance) is separate from you buddy's (their room). (I imagine this is because the 4th amendment protects your papers and effects from search and seizure, not just your real estate.)
So, all things being equal, the FBI is supposed to take pains not to even look at the data of people not named on the warrant (automated processes have been exempted from this, IIRC, as they aren't actual people), even though your data is housed on the save server as the person(s) named on the warrant. And if they did by chance see something they weren't supposed to, it wouldn't be admissible in court (in a case against you - they might be able to use it against someone else).
IANAL, I just took a couple of law courses in college.
- thaumaturgy 15y ago> ...they might be able to use it against someone else... That's an interesting point. So, if I'm running a hosting company, and they come across data from one of my customers...? Also, putting aside for a moment IT best practices and all that, they potentially are crippling my business by seizing machines which I share with someone else. Is there any recourse for that?
- uxp 15y agoAn article on HN a few months back about a guy who worked in a Three Letter Agency specifically stated that when or if a data analyst came across data that was not pertinent to their job, and viewing that data was potentially infringing on someone's constitutional rights, there were forms filled out and steps taken that stated such an occurrence happened. He also said the Patriot Act screwed that all up. The WP article below specifically talks about communications, but the skeptic in me doubts there is much change between one form of data and another in a highly bureaucratic environment such as the NSA. http://en.wikipedia.org/wiki/Thomas_Andrews_Drake http://en.wikipedia.org/wiki/Thomas_Andrews_Drake http://www.washingtonpost.com/wp-dyn/content/article/2010/07/13/AR2010071305992_pf.html http://www.washingtonpost.com/wp-dyn/content/article/2010/07...
- thaumaturgy 15y agoThank you.