Wiretapping, datamining, and the Fourth Amendment
Posted by Moonage on 05 Sep 2006 | Tagged as: Fed Policy, The Legal Process
The Volokh Conspiracy looks at a recent judgment in regards to datamining. Specifically, it looked at whether datamining triggers Fourth Amendment protection?
Well, here’s the Fourth:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
This was also the hotbed of discussion regarding the recent decision regarding the federal wiretapping issue. To me, it’s fairly clear. The key phrase being “secure in their persons, houses, papers, and effects”. When things are in your possession or home or place of business, they are firmly in your possession. The Founders didn’t fathom the concept of telephones, the internet, cell phones, etc.. Either it was on you, or not. The problem I see here is when you use the internet, you are placing your information in someone else’s hands whether you know it or intend to. All information coming to you or from you goes through other people’s services. At that point, it is in THEIR possession. The interpretations of the Fourth Amendment will vary depending on who’s judging it. If you want to be safe, ALWAYS assume that information can be obtained, which it can be by one way or another. If you want to do something illegal, don’t advertise it on every server that connects you from point A to point B on the internet.
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