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Simplest way I have boiled it down in my head (what's actually being decided that is- there is a lot of ancillary question and discussion above that isn't ultim
by CGMthrowaway 6mo ago
Simplest way I have boiled it down in my head (what's actually being decided that is- there is a lot of ancillary question and discussion above that isn't ultimately relevant to the case at hand):
Is your location history
A) a bank record (less protected), or
B) a "digital diary" (strongly protected) ?
- Gagarin1917 6mo agoWhy the hell are bank records less protected in the first place? Banks should be able to always ask for a warrant.
- twoodfin 6mo agoBank records are correspondence between a person and the bank, not “persons, houses, papers, and effects” as protected by the Fourth Amendment. As such, they’re subject to subpoena. Now, Congress could extend similar protections to bank records any time they like. Vote accordingly.
- Gagarin1917 6mo agoCorrespondence between a person and a business should be considered “papers.”
- twoodfin 6mo agoThat’s not how it was understood at the time of ratification. Letters and the post office were a thing then, mentioned elsewhere in the Constitution. If the framers of the 4th amendment wanted it to cover them they would have written the amendment differently.
- Gagarin1917 6mo agoBut sealed letters ARE protected under the 4th Amendment. A warrant is necessary to open all sealed mail.