Your Personal Data versus the 4th Amendment

Discussion in 'Politics, Religion, Social Issues' started by bradl, Oct 3, 2013.

  1. macrumors 68040

    bradl

    Joined:
    Jun 16, 2008
    #1
    I caught this on the drive home from work yesterday, and while I am in the IT business, I have seen that shift in availability of personal data that this is referring to, and to be honest, this should scare you more than anything that the NSA has done recently. The availability of it, and to who is just staggering.

    Have a read, and let's see if we agree or disagree that we should hold the 4th Amendment in such high regard as some people whole the 2nd.

    http://www.npr.org/blogs/alltechcon...al-trail-does-the-fourth-amendment-protect-us

    BL.
     
  2. macrumors 68020

    Macky-Mac

    Joined:
    May 18, 2004
    #2
    so there's the question of whether somebody else's business records are actually YOUR personal documents.......do you, or should you, have any say in whether some business shows its business records to......whoever?
     
  3. thread starter macrumors 68040

    bradl

    Joined:
    Jun 16, 2008
    #3
    Actually, I would think of it being the other way around, especially when it comes to cloud or hosted services. Once you upload them (to Facebook, twitter, instagram, iCloud, etc), do you still hold the rights and ownership to that data? Facebook, as we all know, owns the data you upload to them, regardless of if it is personal or not; According to the ruling in the New york case, the same would apply to any other hosted services, which would only require a subpoena to those services to get access to it, and no part of the 4th Amendment applies. That means it is legal search and seizure, and no warrant is needed.

    That concern and threat of your personal data, at least to me, is really important. Say they want to search your purchase records. Normally they would need a warrant. But since you've stored your info at, say, Paypal, all the lawyers would need to do is subpoena Paypal to get your CC number, and track your purchases that way. No need to get a warrant to get that data from you or your bank. This makes accessing your data much much easier than people realize. But we (people in general) sacrifice that privacy for convenience, and some of people do it naively.

    BL.
     
  4. macrumors Core

    MacNut

    Joined:
    Jan 4, 2002
    Location:
    CT
    #4
    Don't forget that the NSA has basically gathered everything on us using our digital footprint. We don't have privacy anymore.
     
  5. thread starter macrumors 68040

    bradl

    Joined:
    Jun 16, 2008
    #5
    Not forgotten at all. But surmise this:

    We know that the government has easier ways than a requiring a warrant to get access to your data. All they need to do is request and get a subpoena from any authorized clerk of the court. Prosecuting attorneys, defense attorneys, etc., are clerks of the court. A divorce lawyer could write his own subpoena to a private company requesting records for the other party and get it, regardless of what that data is for. It isn't owned by that other person; it is owned by that third party company No more needing to hire a Private Investigator to snoop around, when all they need to do is go towards the company or companies they frequent and get the data there.

    I don't know the exact number for this, but imagine how many subpoenas Facebook must get from divorce and both prosecuting and defense attorneys for the opposite party's data.

    So forget the government in this case. It is easier for ANYONE to get that, legally or otherwise, and no violation of the 4th amendment would occur.

    Not to troll, but I wish we had people more concerned about this than keeping possession of their guns. Guns won't matter when their entire personal life has been compromised.

    BL.
     
  6. macrumors Core

    MacNut

    Joined:
    Jan 4, 2002
    Location:
    CT
    #6
    People don't care about their privacy. Just look at what people willingly post to Facebook and Twitter. It's like their inner filter is turned off.
     
  7. thread starter macrumors 68040

    bradl

    Joined:
    Jun 16, 2008
    #7
    That's my whole point, especially with my last statement. So many people plead the 2nd an want to uphold it so tightly and dearly, but turn a blind eye to and all but spit in the face of the 4th, when the the ways to circumvent the 4th far more dangerous than what is going on with the 2nd.

    BL.
     

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