• NocturnalMorning@lemmy.world
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    11 months ago

    How are we not suing the ever living shit out of the government for violating peoples 4th ammendment rights? This is a gross violation of the unreasonable search and seizure clause in the constitution.

    • Spotlight7573@lemmy.world
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      11 months ago

      Third party doctrine for one: the data held by third parties has no expectation of privacy, even if it’s about you.

      From Wikipedia:

      The third-party doctrine is a United States legal doctrine that holds that people who voluntarily give information to third parties—such as banks, phone companies, internet service providers (ISPs), and e-mail servers—have “no reasonable expectation of privacy” in that information. A lack of privacy protection allows the United States government to obtain information from third parties without a legal warrant and without otherwise complying with the Fourth Amendment prohibition against search and seizure without probable cause and a judicial search warrant.

      Basically the government’s argument: if you wanted it to remain private, you wouldn’t have given it to someone else.

      I’m reality, it’s an area of law that desperately needs to be updated.

      • NocturnalMorning@lemmy.world
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        11 months ago

        The problem is that you almost can’t function in modern society without having a phone. So their argument is in bad faith, and really should be checked.

        • thecrotch@sh.itjust.works
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          11 months ago

          The same EU that’s desperately trying to ban end to end encryption and dictate which certification authorities browsers have to support so they can spy on you better?

    • reddig33@lemmy.world
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      11 months ago

      It will take someone being brought in on evidence gathered by this method to get it overturned. It would probably wind its way up to the Supreme Court.