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View Diary: Supreme Court Unanimously Affirms Digital Privacy in Sweeping 4th Amendment Ruling (22 comments)

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  •  They're using a surveillance program... (2+ / 0-)
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    bull8807, kharma

    called "Stingray," which is in the news and under fire right now.

    A lot of local police departments sweep indiscriminately by intercepting incoming and outgoing phone/computer data, without the owner of the device ever knowing or being charged with anything.
    They started using it in Sarasota, Florida where I lived up until a few months ago.

    It's ubiquitous, almost unimaginable in its scope and depth. Local detectives were using it down here on a regular basis, even using traffic light images as the basis for its use.

    I'm hoping this decision will kill it. or at least slow it down.

    "If one would give me six lines written by the hand of the most honest man, I would find something in them to have him hanged." - 17th-century French clergyman and statesman Cardinal Richelieu.

    by markthshark on Wed Jun 25, 2014 at 10:18:11 AM PDT

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    •  It was enabled by a policy void which is being (3+ / 0-)
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      markthshark, Demeter Rising, kharma

      corrected by decisions like this. It may take a few more court cases to iron out the overall policy on data transmitting and storage devices, as well as cloud storage. But with a 9-0 decision and overwhelming public support, it's clear to everyone where this is going. These devices are no longer being defined as regular objects, but a separate category. This is huge. How far this definition goes and exactly what it covers still need to be figured out but the framework is finally being laid and hopefully we will have a coherent set of laws regarding privacy in the technology age within this decade.

      The other side of the coin is it will become much easier to prosecute data miners and hackers who use the same methods to intercept data. A lot of what they do isn't even considered a crime under current law because we have no mechanisms to define their actions, or tech-savvy police departments with the resources to investigate even when identity theft and data theft have clearly occurred. This will also change as we create better policies to deal with sensitive electronic data. The Supreme Court has unequivocally decided that this data is private and belongs only to the sender and intended recipient(s), so it is protected under the 4th amendment.

      Is fheàrr fheuchainn na bhith san dùil

      by bull8807 on Wed Jun 25, 2014 at 10:38:20 AM PDT

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      •  You're right. This is huge... (2+ / 0-)
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        bull8807, kharma

        This decision could provide a much-needed kick in the ass to Congress. They need to be schooled, able to get ahead of the technological advances we're constantly bombarded with these days. A basic understanding is imperative.

        Once again, Congress has been asleep on the job.

        "If one would give me six lines written by the hand of the most honest man, I would find something in them to have him hanged." - 17th-century French clergyman and statesman Cardinal Richelieu.

        by markthshark on Wed Jun 25, 2014 at 11:56:55 AM PDT

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