3 ms·
It's a rather self-defeating view of the 4th Amendment that suggests that, because the government could easily gain access to a piece of data, that data must th
by jerrya 14y ago
It's a rather self-defeating view of the 4th Amendment that suggests that, because the government could easily gain access to a piece of data, that data must therefore not be private. The government can easily get access to most data.
Good thing I never said that then!
I said we shouldn't write laws that defy physics. Judges should not write laws that say people hold their phones on their persons at all times when we know that not to be the case. Judges should not write laws that text messages are to be considered private when all of us know that the next person we hand our phone to can trivially (without government equipment) read our messages.
- tptacek 14y agoThe next person you hand your diary to can read your diary. What's your point?
- 001sky 14y agoYour example: the next person we hand our phone to. Describes deliberate, consensual, sharing with intent etc. This is weak. And beside the point. Its irrelevant. Also: (1) Telecommunications networks are closed networks. They are not "broadcast media". On mobile, they are encrypted. That's why there are warrants required. There is an inbuilt expectation of privacy. SMS transmit in the header information of private lines. This isn't really a debating point. (2) Judges should not write laws... They don't. Democratically eleceted legislators pass laws, that are signed by a similarly elected executive. Subject to constraints of the constitution, and judicial review &tc.
- Confusion 14y agoJudges do not write laws.