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the subpoena system, for all its failings, is that public constraint. if it can be circumvented, that constraint effectively no longer exists.
by ruined 5y ago
the subpoena system, for all its failings, is that public constraint. if it can be circumvented, that constraint effectively no longer exists.
- whimsicalism 5y agoThe requirement of a subpoena doesn't prevent the government from taking actions that private actors could legally do, it compels private actors to act according to state whims. If someone volunteers information, it is not a "circumvention" of the subpoena. Breaking into Google and stealing information for a criminal investigation would be circumventing it.
- WarOnPrivacy 5y ago> The requirement of a subpoena doesn't prevent the government from taking actions that private actors could legally do Irrelevant. Gov wants data, Gov gets a narrowly targeted warrant first. Beyond this lies 4A violations.
- oh_sigh 5y agoCan the government buy an autobiography I wrote detailing my crimes to help their investigation? Or is that a 4th amendment violation?
- WarOnPrivacy 5y agoThe Gov can acquire data that you - with full willful consent - have chosen to make publicly available. eg: public social media posts.
- oh_sigh 5y agoCan the government use my ex-wife's autobiography detailing the crimes she saw me commit in order to help investigate me?
- WarOnPrivacy 5y agoBecause search is the scope of our discussion, the answer is that the government can read your wife's book for the same reasons they can read your book.
- shapefrog 5y agoIs one suggesting not detailing our crimes in any recorded format and making it public if we do not want said recordings to be part of a government investigation?
- whimsicalism 5y ago> Irrelevant. Gov wants data, Gov gets a narrowly targeted warrant first. Beyond this lies 4A violations. No? What are you basing this off of?
- WarOnPrivacy 5y agoArizona v. Gant
- whimsicalism 5y agoPaying someone for information != warrantless search. A search involves compulsion.
- jkhdigital 5y agoNo, it is more nuanced than that and depends on the nature of the information. Banks hold massive amounts of highly personal information about their customers, and this knowledge is an unavoidable consequence of the business relationship. I think most people would agree that the government needs a warrant to obtain this information, even if the bank was willing to sell it anyway.
- whimsicalism 5y ago> I think most people would agree that the government needs a warrant to obtain this information, even if the bank was willing to sell it anyway. I don't think it is legal for banks to sell their balance information to other private entities either. But if it were, then I think it would be permissible for the government to be one of the buyers. Your interpretation of 4A is not backed by any legal precedent.
- WarOnPrivacy 5y ago> A search involves compulsion. Exclusively? That's a novel interpretation of 4A. Where did you get it?