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by fluidcruft
4197 days ago
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No, I'm saying that "seizure" means taking something away from someone. Duplicating something doesn't take anything away from anyone. You could get into the old argument about IP theft about say copying vs stealing a movie. But even then, creating the concept of IP monopoly was explicitly granted by the Constitution, it doesn't arise from the 4th Amendment. If copying something is a "seizure" then why does the copyright clause even exist? My interpretation of "search and seizure" is the situation that: you keep and possess private stuff that you secure at a location that you control, the government shows up at your place, takes all of your stuff back to their warehouse to look through at their leisure. The government has your papers and you no longer do. That seems fundamentally and qualitatively different from what's happening when you choose to use someone else's telecommunications equipment. Now, instead of hanging on to your private secrets, you've decided to go ahead and scroll them onto postcards and toss them into the mail (for safe keeping? really?). And then after sending them out into the World, you're shocked that your secrets somehow got out of your bag! It defies common sense. Edit: I guess what I'm saying is, if you write something on a postcard and drop it in the mail, that behavior clearly indicates that you do not consider the information you put on the postcard to be private. |
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When people are using the internet, in some contexts there is a certain expectation of privacy, and in others, there is none. If I upload pictures to a public Facebook profile or a hosting website (such as imgur), I certainly don't expect that to be private. It's there and available for everyone to see/observe/collect/record/download/analyze/whatever. However, if I connect to a search provider using HTTPS, and the search provider vehemently claims they do not hand my data over to the government, I certainly don't expect the said provider to hand my data over to the government, or the government to try to subvert and crack the encryption between me and the website.
I think it's high time people stop trying to get what's unfair and immoral by trying to subvert the language. While you may eventually get what you want, it is corrupt and evil. No amount of legal "reinterpreting" changes that.