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> there is no legal requirement that Google not hand over this data to police. This isn't really true. The Electronic Communications Privacy Act prohibits thir
by gnopgnip 5y ago
> there is no legal requirement that Google not hand over this data to police.
This isn't really true. The Electronic Communications Privacy Act prohibits third parties from sharing electronic communications without a warrant. It doesn't matter if they are the legal owner of the data, if it is about a third party that has fourth amendment protections.
- BobbyJo 5y agoIANAL, but the way I understood ECPA it only really protects communication while in transit, and both stored communications and data disclosed to third parties isn't really protected, depending on the context. Search history, and Google's analytics about you, are a gray area, because you are communicating with Google, not using Google as a transport layer with an expectation of privacy. Like, if the FBI asked me for my text messages with person X, I can hand them over if I want since they are my communications, but if they want the texts from my phone company they are legally protected. Using search is like texting Google.
- gnopgnip 5y agoStored communications, data stored electronically is protected as well under the wiretap act. Search history, location history is covered, it requires a warrant.