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A EULA cannot force you to give up your constitutional rights.

by ahnick 5y ago

C19is20 5y ago
What about all the people not USA?
- vageli 5y ago
  The USA is not the only country with a constitution.
  - int_19h 5y ago
    It's not, but it's one of the few that doesn't have some verbiage along the lines of UDHR: "In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society."
greyface- 5y ago
Constitutional rights can be voluntarily waived.
- dragonwriter 5y ago
  > Constitutional rights can be voluntarily waived. That...varies. The right to a speedy trial can be waived. The right against enslavement cannot. You can consent to a warrantless or otherwise unreasonable search given adequate specificity, but outside of a condition for release from otherwise-constitutional more severe deprivation of liberty (e.g., parole from prison) I don't think it can be generally waived in advance, only searches specifically and immediately consented to when being executed. But I don't have any particular cases in mind, and that understanding could be wrong. But “constitutional rights can be waived” is definitely way to broad to be a good useful guide for resolving specific isssues.
  - nonameiguess 5y ago
    You can definitely consent to giving up the right to not be subject to warrantless search and seizure. Everyone who ever joins the military under UCMJ allows their commander to conduct random inspections of personal property at any unannounced time. There are limitations, of course. If you live off-post in private housing, your commander has no legal authority to inspect it. They can only go through your stuff if you live in government-owned housing.
    - dragonwriter 5y ago
      > Everyone who ever joins the military That's not a waiver, that's a space warrantless searches are reasonable under the fourth amendment and Congress’ Art. I, Sec. 8 powers with regard to the military, etc. Otherwise, when we had conscription, conscripts, who do not freely consent, would have been immune.

A EULA cannot force you to give up your constitutional rights.

by ahnick 5y ago

A EULA cannot force you to give up your constitutional rights.

C19is20 5y ago

What about all the people not USA?

vageli 5y ago
The USA is not the only country with a constitution.
- int_19h 5y ago
  It's not, but it's one of the few that doesn't have some verbiage along the lines of UDHR: "In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society."

greyface- 5y ago

Constitutional rights can be voluntarily waived.

dragonwriter 5y ago
> Constitutional rights can be voluntarily waived. That...varies. The right to a speedy trial can be waived. The right against enslavement cannot. You can consent to a warrantless or otherwise unreasonable search given adequate specificity, but outside of a condition for release from otherwise-constitutional more severe deprivation of liberty (e.g., parole from prison) I don't think it can be generally waived in advance, only searches specifically and immediately consented to when being executed. But I don't have any particular cases in mind, and that understanding could be wrong. But “constitutional rights can be waived” is definitely way to broad to be a good useful guide for resolving specific isssues.
- nonameiguess 5y ago
  You can definitely consent to giving up the right to not be subject to warrantless search and seizure. Everyone who ever joins the military under UCMJ allows their commander to conduct random inspections of personal property at any unannounced time. There are limitations, of course. If you live off-post in private housing, your commander has no legal authority to inspect it. They can only go through your stuff if you live in government-owned housing.
  - dragonwriter 5y ago
    > Everyone who ever joins the military That's not a waiver, that's a space warrantless searches are reasonable under the fourth amendment and Congress’ Art. I, Sec. 8 powers with regard to the military, etc. Otherwise, when we had conscription, conscripts, who do not freely consent, would have been immune.