3 ms·
I don't see why it isn't illegal since it is clearly unconstitutional. Asking for access to the keys to everything is absurd and clearly not aligned with "parti
by malandrew 13y ago
I don't see why it isn't illegal since it is clearly unconstitutional. Asking for access to the keys to everything is absurd and clearly not aligned with "particularly describing the place to be searched, and the persons or things to be seized." Asking for the keys is the same as saying "we're asking to search all persons and all things." That most certainly exceeds the scope of the word "particular", especially when you take the words "upon probable cause, supported by Oath or affirmation" into account, since they clearly don't have probably cause for the other ~399,999 subscribers.
If the Constitution isn't clear enough on this matter, maybe this is something that we should pass into law. The government should never ever ever being able to ask for access to all the information from any service provider in third-party doctrine cases.
- arh68 13y agoThe judge understood this, but can't convict on a pre-crime. Assuming good faith might seem laughable here, but it does apply. Until there is proof that the gov't did in fact access anyone else's data (w/o authorization), there is no charge. There is a good analogy somewhere in there about an apartment building. 364 days of the year, the gov't can't go touching the building's master key, but the one day they have an investigation, they get a copy.