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Top US Surveillance Lawyer Argues That New Technology Makes The 4th Amendment Outdated
Tech Dirt ^ | 22 December 2016 | Mike Masnik

Posted on 12/26/2016 11:55:47 AM PST by Lorianne

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To: hawg-farmer - FR..October 1998
Top US Surveillance Lawyer is what's outdated.
21 posted on 12/26/2016 1:40:09 PM PST by onedoug
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To: Lorianne

Fine. I will play along. Then use the same technology to reveal to every American what communications of theirs have been gathered, what surveillance has been performed against those communications and a complete history of who has accessed it and why.

This is trivial by comparison. If the 4th amendment is so outdated, tell every American what private communications you have taken for use. If you won’t do this, then quit pretending you are doing us any favors. Get a warrant

These guys think that they are patriots.

They are nothing of the sort.


22 posted on 12/26/2016 1:52:02 PM PST by RFEngineer
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To: kingu
IF your e-mail passes, at some point, out of the country, either from sending or receiving, then I've absolutely no problem with the government scanning that message

I say they still can't. Unlike the USPS, the internet is designed to do whatever it takes to get that email from Point A to Point B. A USPS truck in North Dakota would never take a detour through Canada, but the internet might move your email through a server in Canada, for example, whether your email provider has a server there or not.

I offer Canada as a placeholder for any of a number of possible foreign countries, not as a single exception that would need to be addressed.

23 posted on 12/26/2016 1:58:20 PM PST by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: Pollster1

This dragnet thinking follows from Smith vs. Maryland, a bad decision in itself which has been egregiously misused and overused as precedent.

https://en.wikipedia.org/wiki/Smith_v._Maryland


24 posted on 12/26/2016 2:01:49 PM PST by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: Delta 21
Just because it has become infinitely easier to violate the law does not change the fact that it is a violation of the law.

Deserves a bump and repeating. And a huge, This is one of the primary reasons we need the 4th amendment to be protected in the first place.

25 posted on 12/26/2016 2:02:53 PM PST by Freemeorkillme
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To: Lorianne

What I fear is that the separation between Press and government as well as social media and government has been irreparably damaged. Neither was meant to be a wing of the state. If we can’t fix that, peaceful transfer of power is in jeopardy.


26 posted on 12/26/2016 2:13:03 PM PST by Steamburg (Other people's money is the only language a politician respects; starve the bastards)
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To: Lorianne

They wish.


27 posted on 12/26/2016 3:19:58 PM PST by TBP (0bama lies, Granny dies.)
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To: Delta 21

Exactly how I feel about it.

but the same could be said for those cities where prosecutors refuse to prosecute theft under 1k. The law did not change.

But until conservatives start pushing back in court, businesses pushing back and suing, until we decide to start using the law to our advantage win/lose things will not get better, will not return to reasonableness.


28 posted on 06/10/2023 2:31:11 AM PDT by EBH (America Blackmailed, The True Story of the World War...Coming Soon)
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To: Lorianne
OK so what about encrypted email? End to End?

Lets hear from a techie Freeper on this - can I avoid government surveillance with encryption?

29 posted on 06/10/2023 4:38:21 PM PDT by 1FreeAmerican
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the 4th Amendment
Constitution of the United States, via Populist America et al | The Framers
Posted on 3/30/2009, 8:33:28 PM by SunkenCiv
https://freerepublic.com/focus/chat/2218521/posts


30 posted on 06/10/2023 5:51:30 PM PDT by SunkenCiv (NeverTrumpers are Republicans the same way Liz Cheney is a Republican.)
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To: DoughtyOne
The Fourth Amendment of the U.S. Constitution provides that "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
 
 

Electronic Surveillance

In recent years, the Fourth Amendment's applicability in electronic searches and seizures has received much attention from the courts. With the advent of the internet and increased popularity of computers, there has been an increasing amount of crime occurring electronically. Consequently, evidence of such crime can often be found on computers, hard drives, or other electronic devices. The Fourth Amendment applies to the search and seizure of electronic devices.

Many electronic search cases involve whether law enforcement can search a company-owned computer that an employee uses to conduct business. Although the case law is split, the majority holds that employees do not have a legitimate expectation of privacy with regard to information stored on a company-owned computer. In the 2010 case of City of Ontario v. Quon (08-1332), the Supreme Court extended this lack of an expectation of privacy to text messages sent and received on an employer-owned pager.

Lately, electronic surveillance and wiretapping has also caused a significant amount of Fourth Amendment litigation.

 

 

Fourth Amendment | Wex | US Law | LII / Legal Information Institute (cornell.edu)


31 posted on 06/11/2023 8:19:04 PM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: 1FreeAmerican
Lets hear from a techie Freeper on this - can I avoid government surveillance with encryption?

The BIGGER question:

...can I avoid government surveillance ...

The answer: No.

32 posted on 06/11/2023 8:21:27 PM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: 1FreeAmerican

"The telescreen recieved and transmitted simultaneously. Any sound Winston made, above the level of a very low whisper, would be picked up by it; moreover, so long as he remained within the field of vision which the metal plaque commanded, he could be seen as well as heard.
 
There was of course no way of knowing whether you were being watched at any given moment.
How often, or on what system, the Thought Police plugged in on any individual wire was guesswork.
It was even conceivable that they watched everybody all the time. But at any rate they could plug in your wire whenever they wanted to.
 
You had to live - did live, from habit that became instinct - in the assumption that every sound you made was overheard, and, except in darkness, every movement scrutinized.

 

-1984, Book 1, Chapter One, George Orwell
33 posted on 06/11/2023 8:22:28 PM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: 1FreeAmerican

Ecclesiastes 10:20

Do not curse the king even in your thoughts;
and curse not the rich in thy bedchamber:
for a bird of the air shall carry thy voice,
and that which has wings shall report thy speech.


34 posted on 06/11/2023 8:24:36 PM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Elsie

This thread has risen from the dead!

Posted on 12/26/2016, 2:55:47 PM by Lorianne


35 posted on 06/11/2023 8:26:00 PM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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