Hacker News new | ask | show | jobs
by himaraya 1773 days ago
No, the Fourth Amendment applies to private actors acting on behalf of the government.
1 comments

> No, the Fourth Amendment applies to private actors acting on behalf of the government.

It applies to private actors acting as agents of the government, it doesn't apply to private actors who for private reasons not directed by the government conduct searches and report suspicious results to the government (other property and privacy laws might, though.)

So the 4th Amendment doesn't cover Apple voluntarily inducing their devices to check for CSAM prior to cloud upload.

But the 4th Amendment would cover Apple being forced to modify their system to scan for anything else the Government has told them to.

That's correct. If the government asked them to do it, then it would require a warrant to conduct the search.