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delichonyesterday at 9:56 PM2 repliesview on HN

We need a constitutional amendment that says "we really mean it" with respect to the 4th and 9th amendments, explicitly including personal digital data and criminalizing general surveillance. With fangs.


Replies

Spooky23yesterday at 10:55 PM

We really need a concept of tenancy in a digital context.

Your personal papers are perfectly safe and subject the fourth amendment protections in your rented apartment. But most digital materials are considered to have been shared with a third-party if you store them on Google Drive.

My feeling about this stuff personally is that the biggest issue is that stuff that happens in electronic devices is different in a modern sense than what anyone intended in the past. If you could figure out a way to make my personal property as it exists on a foam or another device, the same as the personal property that’s in my desk at home or the trunk of my car then technology would be able to solve a lot of these problems. I think the custom thing is a more nuance conversation. I don’t understand the theory of it enough, but intuitively it seems ridiculous that a CBP officer has the ability to legally go through 30 years of my pictures in my Apple album because I happen to be crossing a border.

tptacekyesterday at 10:15 PM

The border search exception was designed by the framers.

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