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Old 06-10-2013, 01:09 PM   #118
AustinChief AustinChief is offline
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Quote:
Originally Posted by BigChiefTablet View Post
The Fourth Amendment covers all forms of personal data and possessions that were available at the time of its writing. They didn't specifically cite data stored in bytes because that didn't exist.

Now you can adhere to the letter of the law if you want. I will stick with the spirit of the law.
Ok, you're still not getting it. The 4th protects your data IN YOUR POSSESSION. As a matter of fact, courts have upheld that even if your data is not in your possession and is seized you don't have to give up any passwords to that data (5th Amendment protection). But once that data is held by SOMEONE ELSE, you have waived your 4th Amendment rights concerning it.

This was a fine interpretation a few years ago but as EVERYTHING moves to cloud services and such... the Supreme COurt is probably going to need to update this... or people need to start using encryption on everything.
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