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by aaronax 597 days ago
Thinking the systems that a company has are so sensitive that the company is basically above the law is the insane thing.

It is just a company--a group of people granted certain rights. They have databases...fancy filing cabinets. Just because the company is famous shouldn't preclude their filing cabinets from being searched (presuming legal processes are used and not abused).

2 comments

> They have databases...fancy filing cabinets. Just because the company is famous shouldn't preclude their filing cabinets from being searched (presuming legal processes are used and not abused).

That analogy doesn't work, because the "filing cabinets" are actually sitting somewhere else, possibly in another country/continent. It's not obvious that authorities in one country has authority over documents stored in another country.

I think it is not crazy to think that if the contents are used from some country then intentional obstruction of justice stuff like kill switches or dropping VPN connections should be treated as intentional obstruction of justice. AKA reality of use matters more than "location" of data.
I and many others think the government should have 0 business in my filing cabinet. That difference in world view might be what makes this topic more complex than you seem to think.
[Not parent poster] So even the most heinous act of violence become unprosecutable when the suspects/accomplices have moved all remaining evidence into a magically inviolable filing cabinet?

No? Then the world is a lot more complex than property rights trumping everything else.

I think it’s very hard to say, and it just gets harder the more I think about it (like many things tend to).

On one hand, if the condemning evidence can’t be provided by someone other than me, should the case be prosecutable?

On the other hand, any sentient human can come up with examples of cases where it might be reasonable to search my belongings for evidence; multiple independent witnesses point to me being guilty of murder and investigations have otherwise stalled. Or anything of the sort.

What if all the independent witnesses are not independent? What if I’m not the guy, but just a lookalike? What if I’m being set up by the authorities?

The easy thing to do here is to say well okay SOMETIMES it’s okay to search one’s belongings but not for like any silly reason or anything like it has to be a real serious one. Then it’s just a matter of where to draw the lines, and who should get to decide.

I like the more absolute stance I made earlier; the government shouldn’t have any business in my personal belongings. Some crimes will go unpunished and that’s a price I’m willing to pay.