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by arghimonmobile 3734 days ago
Firstly, I completely agree with you regarding why this is bad news. However, I don't understand one thing: let's say our hypothetical user has been posting in a private subreddit for carrot fetishists, which Trump will make illegal in 2018. If, today, a NSL was received by Reddit, isn't it potentially already too late for our carrot fetishist, even if they immediately stop visiting the subreddit or delete their account? Now, the carrot lover knows there was a NSL, but there isn't anything they can do except wait and see what happens when the new legislation rolls around in 2018. Emigrate, maybe? Serious question; I don't know how these things work. Asking for a friend.
3 comments

They can at least stop posting about carrots. If they haven't posted anything personally identifiable that could link their 'carrotlover314' account to their real identity, then they can discard that account. At worst, if it is indeed a case of past lewd carrot-related acts being punishable by death, they'd have a head start to get out of the country before the Carrotstasi get there.

It's not much but it's something.

You are right, the only benefit to the carrot lover is that they know, within a reasonable level of certainty, that their carrot loving activities may be called into question in the future.

Which, in my mind, is preferable to the alternative.

It wouldn't matter. The US constitution prohibits laws that criminalize earlier actions that were legal when committed.

[1] https://en.wikipedia.org/wiki/Ex_post_facto_law

Recall the Communist witch-hunt in the cold war. That was done without retroactive policing and parallel construction. Just because they cannot imprison you for actions taken before the action was illegal doesn't mean they can't fuck you over in other ways. It's the thought police all over again.
Perhaps they won't get you for stuff you did today that is legal today.

But if you are still a carrot fetishist in the future, they can use the knowledge that you used to be a carrot fetishist to set up a sting operation. A little parallel reconstruction, they seize your phone and laptop, and next thing you know you're in prison in the future, thanks to the data they hoovered up today and will be in their database forever.

That doesn't protect you from targeted enforcement of other laws.
The US constitution prohibits unreasonable search and seizure on its face.