[franga2000]

I don't see why the government doing it would make it more outrageous. If democratically elected leaders pass a law outlining when and how the cops should be able to access private devices, a judge looks over a specific case and signs a warrant, the cops use a hacking tool to catch a terrorist and the evidence is presented in court, this seems like the most excusable use of hacking tools that I can think of.

The government is given power over people in order to protect us from other people and this is one tool to do it. They have cops with guns and soldiers with tanks, they can break in, search and seize, they can lock people in prison. All of these things are tools and it's they way they're used that decides what's immoral or outrageous.

The bigger problem here is that a private company has these tools and can use and sell then with no oversight.

[goodluckchuck]

It does if we grant the two the same assumptions. If we assume that serious, unjustified harm would occur by failing to act, and they are in a reasonable position to act… then I’d say a private company is equally justified in doing the same thing. However, you’re assuming the government is justified merely because it’s the government.

[internetter]

Do you think private companies should be allowed to, say, arrest people?

[mcpackieh]

Private companies aren't, but in certain circumstances private citizens working for those companies are. In the US (except perhaps Georgia?) if a crazy guy comes into your workplace waving a knife around, you're allowed to disarm him and pin him down on the ground.

https://en.wikipedia.org/wiki/Citizen%27s_arrest#United_Stat...

[goodluckchuck]

Depending on the circumstances, absolutely. Assuming that serious unjustified injury or death would occur if they failed to act, there should be some legal window in which they’re allowed to prevent the harm. Private companies (and individuals) should not be required to stand by helplessly while people are hurt.

Indeed, legally, private individuals and companies are allowed to act in emergencies. For example, I generally should not break into my neighbor’s home. However, I am legally allowed (and morally obligated) to forcibly enter their residence if their house is on fire, or they’re being attacked by a burglar, etc. and I am able to prevent some of the harm.

Of course, if we assume we’re talking about situations where the government needs a warrant, the legality becomes more complicated. At what point does something become an emergency? I would say it’s not an emergency if there is time to inform the government and to let the government prevent the injury. If we assume the government is unwilling or unable to act, then the window for action should expand by some measure.

[comprev]

You mean something like citizen's arrest?

https://en.m.wikipedia.org/wiki/Citizen%27s_arrest

[goodluckchuck]

Exactly. Indeed, in Phoenix v State, 455 So.2d 1024, the Florida Supreme Court implies that a private citizen could request and receive a warrant to arrest a felon. They say the citizen could be excused for failing to obtain a warrant by proving the person arrested was actually guilty.

[rnk]

This is obviously a bad idea, private companies or individuals having the power to arrest people because they want to? Look at the recent few years of history in the US where multiple experienced and distinguished (at least by resume), members of the us govt, senators, reps, tried to subvert an elections, dozens of lawyers told them it was illegal, we have their email and texts telling them. That group still acted to do many illegal actions, lie about it, tried to cover it up. And they still deny any problems with their behavior and choices.

Private companies having arrest rights is just a nonstarter of an idea (putting it kindly).

[nverno]

Maybe it depends on the country, but private companies cant generally get warrants to infringe on people's rights afaik. If justified is interpreted as 'legally justified', then it would make sense that only government agents could be justified to act in this manner. Of course, government agents are known to operate outside the law as well.

[goodluckchuck]

I wouldn’t assume that private companies and individuals cannot get warrants.

However, they look very different. The major distinction is that when a private party requests an injunction allowing them to e.g. trespass on their neighbor’s land, the court will require notice and a hearing for the defendant. So, if a chemical plant needs to do earth works on a neighbor’s land to prevent a collapse, etc. the judiciary may well issue an order requiring the neighbor to let the company enter.

Frankly, notice and hearing should probably be required for some criminal warrants too. I can think of a few indictments and arrest warrants that have recently been issued where there is a genuine question as to probable cause and the alleged illegality of the conduct. It’s not fair for people who are not a flight risk to be arrested (and often imprisoned) with no opportunity to defend themselves.

[nverno]

yea, the justice system is quite the misnomer way too often