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The law just needs to catch up with meat-space laws. An example, I don't know of a Western style democracy, where it is legal for a cop to walk by your house,
by b112 4y ago
The law just needs to catch up with meat-space laws.
An example, I don't know of a Western style democracy, where it is legal for a cop to walk by your house, notice an open window, and crawl through it...
And then start searching your house, afterwards claiming "It wasn't breaking and entering! And all this stuff was just laying around!"
The law should be 100% the same for digital "stuff", in that, there needs to always, always, always be a justifiable reason, a warrant as well, before even the thought of a search can occur.
No back door usage, no "cyber tools", even if the phone is unlocked, on desk, nope! An open port(al), eg a window, doesn't give any reason for the search to be valid.
In terms of legalized back doors, and in encryption, that is 100% counter to all of the above. Case in point, if you want to know the content of someone's phone?
You can lock them up until they provide access -- after a court order requiring them to. EG, contempt of court, or some such.
(Even if the above doesn't jive in your legal locale, there are ways to enable the same. New tech, new laws, to enable the same concepts, and freedoms, and security, and privacy, our societies have known for centuries...)
- okwubodu 4y ago> An example, I don't know of a Western style democracy, where it is legal for a cop to walk by your house, notice an open window, and crawl through it... Police can generally use open doors (and windows?) as “probable cause” to enter in the US.
- krapp 4y agoPolice can literally bust down any door they want in the US without warning and just start shooting anything that moves.
- valenterry 4y agoJust spotting an open window allows a cop to immediately enter a house? To do what? Sometimes the US has strange laws, but if you are right (I somehow doubt it or maybe just hope it) then I would find it particulary strange.
- P5fRxh5kUvp2th 4y agoIt's not correct, see my response to the above post.
- P5fRxh5kUvp2th 4y agoNo they can't, they're allowed to look THROUGH open doors and windows and use what they SEE as probable cause. That's a FAR cry from being able to use the EXISTENCE of an open door or window as probable cause ITSELF.