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The supremes are not known for being tech savvy. http://blogs.wsj.com/law/2010/04/19/our-tech-savvy-supreme-court/ http://blogs.wsj.com/law/2010/04/19/our-tech

• smsm42 14y ago
  The claim in the article that "kids and grandkids" could answer how text messaging system works "while sleepwalking" is ridiculous. I am sure more than 50% of HN visitors do not know in details how mobile telephony and SMS works in details, and probably about 99% of the "kids" do not. They know it send the message somewhere and then it arrives, but how exactly it does it? What exactly receives it? How it knows where to send it? What exactly happens if the recipient is unavailable? Where exactly the message is stored and for how long? etc., etc. Assuming the judge does not know about existence of the mobile service providers is outright ridiculous - even idiot would notice building-size ads on every second road advertising mobile services, or ads on the TV and in the newspapers. And SC judges are not idiots. I think more plausible is that Ashby Jones just didn't understand what it was about. It was about if the message or information about it is stored on provider's systems - which is quite reasonable question, some systems are peer-to-peer, some use dedicated server, they wanted to know which is it because it is highly relevant for the case, which discusses if it is legal for the employer to check on communications of an employee, and if it is then to what extent. The pager/email matter even more laughable - clearly the question was if the legal implications for pager are different than for email (for which the law is known) and if so, what exactly makes them different. To understand this as if Roberts couldn't figure out what is the difference between email and pager at all is plain silly. Supreme court judges have to deal with pretty much every aspect of modern life, thanks to over-invasive state. So I am more than ready to forgive them if they ask questions about technology that most people know how to use, but have very vague idea about how it actually works in detail. Unlike their kids sleepwalking, they can not afford to have vague idea - they have to know exactly what they are judging about, and thanks God they are asking questions - I'd be much more concerned if they relied on vague idea in a matter they are not professionals in.