4 ms·
Technically, federal laws are not supposed to define the constitution. But often use and custom helps define constitutional protections, and these laws themselv
by hristov 15y ago
Technically, federal laws are not supposed to define the constitution. But often use and custom helps define constitutional protections, and these laws themselves define use and custom.
Thus, for the present case, if the supreme court wants to look whether the fourth amendment applies online or for cloud services or the like, it will see what is happening in the real world and decide whether people really have an expectation of privacy in their data that is stored in the cloud.
If becomes an open and accepted practice for any online service to give up any information to the government just for the asking, and without a warrant or an explanation, then you can hardly expect the Supreme Court to declare that the fourth amendment applies to any data stored with any online provider.
So yes what we do now will definitely help define what the constitutional interpretation will be down the road. If we do not demand privacy, nobody is going to give it to us.