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The jurisprudence in this area has to evolve. In a house, for example, the police might be able to search your house because they have a warrant, or they might
by newbusox 15y ago
The jurisprudence in this area has to evolve. In a house, for example, the police might be able to search your house because they have a warrant, or they might be able to search your house because of any other exception to the warrant requirement. In all of those cases, police can only search for discrete things--as in, they probably couldn't turn over your bed, unless they thought someone was hiding under it, or the warrant they got suggested that they could. The "plain view" doctrine might indicate that something clearly illegal in plain view could be seized, but this is somewhat narrowly tailored.
If digital jurisprudence evolves the same way, perhaps a warrant (or discovery request) could be obtained to search within a single folder only, but not another, or the like. Perhaps there are cases out there like this already--but possibly a whole body of jurisprudence needs to evolve to deal with these issues.
- eurleif 15y agoIf we build laws around files and folders, I can't wait to see what happens when filesystem design changes and there's no such thing as a 'folder' anymore.
- newbusox 15y agoRight, well that underlies the exact problem--things change faster that law makers and/or the jurisprudence can accommodate to.