alt Hacker NewsOkay, so -- your flip answer is pretty much exactly how the law should not operate?
That's the point of law. To come up with principles that you can follow consistently, regardless of your feelings in the situation.
Replies
stouset • yesterday at 9:58 PM
Any sufficiently complex set of principles is going to have situations where two principles conflict with one another. This exact situation is one of them.
This is incorrect. Context and details matter in the law and we all agree that is a good thing. As an example - 1st degree murder, 2nd degree murder, and manslaughter are all different crimes even tho they’re all “killing a person” - the context matters.
Should the police wipe criminals phones? No.
Should the police wipe CSAM-adjacent data from phones to protect victims? Yes.
One is a consistent principal that is bad/cruel/overly broad. The other is a consistent principle that targets a specific harm.