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by nobody9999 1072 days ago
>I mean it is the supreme law of the land. So I am confident it is not fantasy. That the people only need to assert their rights, that is the fantasy.

I take your point and, as an American, I agree that's how it should be. What's more, upon further reflection, "fantasy" was probably too strong a term.

That said, there are serious issues around privacy in the US, given the legal jurisprudence around data you provide to others, especially since so many folks have their whole lives "in the cloud" (i.e., someone else's servers).

As such, I urge you to learn about and understand the Third-Party Doctrine[0].

It has a long legal history and is well established law in the US.

And it allows the government to obtain, without a warrant, any and all information you provide to a third party. That could be your cellular/email providers, your ISP, whoever stores your smart watch data, the company that hosts your menstrual period data, anyone to whom you willingly give information.

Granted, that third party could refuse and force the government to get a warrant/court order, but it's not required.

For many people that pretty much obviates most privacy protections of the Fourth Amendment.

That we have a right to "be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures," isn't at issue.

The issue is that so much of what you consider "private" data isn't private if you give it to a third party. And these days, we do that a lot by sharing our most private information with whoever hosts the app which tracks that information.

[0] https://en.wikipedia.org/wiki/Third-party_doctrine