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hn_throwaway_99 • today at 4:06 PM • 0 replies • view on HN

FWIW, I totally agree with you, that's why I wrote "Digital recording and powerful search features certainly change the calculus".

But my point was just that it's absolutely not a fait accompli given the current makeup of SCOTUS. Gorsuch' rationale doesn't fit within Kagan's at all and is wholly dependent on the private relationship between Google and the consumer, so that brings it to 5-4, and I could easily see Roberts or Kavanagh (who voted with the majority in Chatrie) finding enough differences between the circumstances in Chatrie compared to Flock to change their vote.