2 ms·
Could they get a warrant for that data anyway?
by juggina 7mo ago
Could they get a warrant for that data anyway?
- _alternator_ 7mo agoNot if you don't have the data. This is one of the reasons that google changed how it tracked people's data.
- 2ndorderthought 7mo agoWhat reason would they have to ask for a warrant without that data?
- pdpi 7mo agoYou can't (in theory) get a warrant "just because", you need to state the grounds for the search in your application for a warrant.
- giantg2 7mo agoWhy get a warrant when you can just buy it? This whole data economy has significantly undermined privacy, including 4th amendment protections.
- nwatson 7mo agoAdmissible evidence probably requires parallel construction and then a warrant. The purchased data is the catalyst but not legally actionable.
- voakbasda 7mo agoParallel construction like that is unambiguously fruit from the poison tree. It should never be allowed, and the fact that it is used routinely is one of the many ongoing travesties in the US.
- eszed 7mo agoMy understanding is that it would be, if admitted to. That's where the parallel comes in: establish an evidentiary trail that's plausible enough to withstand defense scrutiny, and count on the court itself (ie, judge) not to dig any deeper.
- some_furry 7mo agoRight, but since that's the world we have today, our threat models should all account for it until we can meaningfully change things.
- duskdozer 7mo agoThat's the "parallel" part. They're using information that they aren't allowed to use but are constructing an alternate path to get to the same conclusion with information they could be allowed to use, even though they didn't.
- giantg2 7mo agoDo you have a ruling that says they can't used purchased data?
- alistairSH 7mo agoHow would they select which women get warrants served if they don't have some basic cycle-tracking data?