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I expect the fourth amendment to be a growing factor in SCOTUS cases related to privacy - at the time of inception, a person's self, house, papers and effects w
by spdustin 11y ago
I expect the fourth amendment to be a growing factor in SCOTUS cases related to privacy - at the time of inception, a person's self, house, papers and effects were tangible things - the idea that the other "digital effects" we all have in our "digital houses" didn't exist.
I think the argument that an email would be a "paper" under the fourth amendment is going to be the first test. I know that sort of thing has been challenged (users should've have an expectation of privacy, etc.) but it's my belief that the argument "users have no expectation of privacy when it comes to emails" is a misdirection. Our citizens have rights whether or not they expect those rights to be respected by those in power.
- ams6110 11y agoI would read "papers" as different from email. Papers I interpret as personal records: journals, financial records, etc. Email, tweets, Facebook postings, etc. are already by default shared with at least one other person or unknown other persons so there's an implicit reduced notion of privacy. I agree with the larger point that information on digital devices should properly be considered "papers" or "effects" even if stored in something nebulous such as "the cloud." As long as there's no deliberate or implicit sharing of these things, "the cloud" should be considered as private as a desk drawer.
- kwhitefoot 11y agoFinancial records are also shared with others. And my correspondence with another person is also private whether achieved via paper and envelope or by email or instant message.