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View Diary: Structural Reform: SCOTUS (19 comments)

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  •  plus, did you see the debate over the violent (1+ / 0-)
    Recommended by:
    Simplify

    video games case?  Most of the justices were just clueless on the technology issues...

    To be free and just depends on us. Victor Hugo.

    by dizzydean on Tue Jul 30, 2013 at 11:23:24 AM PDT

    [ Parent ]

    •  They were worse on the texting case from CA (2+ / 0-)
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      dizzydean, Simplify
      CHIEF JUSTICE ROBERTS: Again, it depends upon their reasonable expectation. Do any of these other people know about Arch Wireless? Don't they just assume that once they send something to Quon, it's going to Quon?

      MR. DAMMEIER: That's -- that is true. I mean, they expect -

      CHIEF JUSTICE ROBERTS: Well, then they can't have a reasonable expectation of privacy based on the fact that their communication is routed through a communications company.

      MR. DAMMEIER: Well, they -- they expect that some company, I'm sure, is going to have to be processing the delivery of this message. And -

      CHIEF JUSTICE ROBERTS: Well, I didn't -- I wouldn't think that. I thought, you know, you push a button; it goes right to the other thing.

      MR. DAMMEIER: Well -

      JUSTICE SCALIA: You mean it doesn't go right to the other thing?

      (Laughter.)

      MR. DAMMEIER: It's -- I mean, it's like with e-mails. When we send an e-mail, that goes through some e-mail provider, whether it be AOL or Yahoo, it it's going through some service provider, just like when we send a letter or package, it's going through -- some provider is going to move that for us, until it gets to the recipient. And like the mail that message enjoys an expectation of right to privacy while it's with the Post Office.

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