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timschmidtyesterday at 7:54 PM2 repliesview on HN

Similarly, the 4th amendment to the US Constitution reads in full:

"The 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."

"papers, and effects" seems to cover internet communications to me (the closest analog available to the authors being courier mail of messages written on paper), but the secret courts so far seem to have disagreed: https://en.wikipedia.org/wiki/United_States_Foreign_Intellig...


Replies

Eddy_Viscosity2yesterday at 9:06 PM

SCOTUS will simply say that since the constitution didn't explicitly state that electronic data and communications was protected, then it isn't.

Even if it did explicitly say that this information is protected, SCOTUS would just make up a new interpretation that would allow surveillance anyway. Same as they made up presidential immunity, even though all men being subject to the law was pretty explicit purpose of the founding of america. I mean, they had a whole revolution about it.

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socalgal2today at 12:40 AM

I want privacy too but I don't think the 4th amendment is enough. The 4th amendment effectively covers what's in your house. It does not cover people and business outside your house. If you interact with someone else, they also have a right to use/remember the fact that you interacted with them, whether that's your family, friends, or some random business. You call someone on the phone, 3 parties are involved, you, the person you're calling, the company(s) you paid to make the call possible.