Your reply had nothing to do with that poster's argument btw.
But he's on a roll...
Your reply had nothing to do with that poster's argument btw.
The government is pissed they cannot have that too.
A perfect PSRI comment. Ignores facts, goes straight for the political and ideological rant.
Are you against such searches even when a warrant has been obtained?Excuse me? What facts have I ignored? If you're not totally incensed by this moron's (or worse) statements you're not paying attention.
Comey doesn't get it.
If he supports the 4th Amendment (like he says he does), then he needs to get a warrant and serve it to the suspect, to have their device unlocked. Apple is not the suspect in any investigation like he describes.
It sounds like he is complaining because the usual circumventions they had to get around the 4th Amendment are no longer available.. as it should be.
BL.
No, it's really not the issue because there are other ways of getting evidence than off a phone! If all the evidence they have of a crime is on a phone and nowhere else then they have a flimsy case to begin with and are most likely just fishing for evidence, and that IS against the law in most civilized countries!
Meaning?
They upheld the requirement of having a search warrant to search a phone.
No one here, that I've read, is against a valid search warrant.
Your reply had nothing to do with that poster's argument btw.
Are you against such searches even when a warrant has been obtained?
Yes, but now they will not be able to act on that warrant.
Excuse me? What facts have I ignored? If you're not totally incensed by this moron's (or worse) statements you're not paying attention.
And what happens if they do get a warrant and the suspect refuses to unlock their device? That is the issue.
If the police have a warrant to search my house, they have a variety of means to gain entry if I do not unlock the door.
Hell, if I own a safe and the government has a warrant, safe manufacturers will assist in opening the safe.
You don't understand what a warrant is for. A warrant lets the police rummage through your things without your permission. If you had permission from the owner, you wouldn't need a warrant. Getting information from Apple is like the super letting the police in with a key.
What if they do come with a warrent for him to unlock his phone. If he has incriminating content on there, does he have the right to not unlock it since it would be like self-incrimination (the 5th amendment). The government would have the right to take the phone, even hack into it, if they can, but do they have the right to have you unlock it for them if it will self-incriminate the individual?
Apparently you don't understand what probable cause or a search warrant are.
Both are used to ***obtain*** evidence in compliance with constitutional restrictions.
Comey doesn't get it.
If he supports the 4th Amendment (like he says he does), then he needs to get a warrant and serve it to the suspect, to have their device unlocked. Apple is not the suspect in any investigation like he describes.
It sounds like he is complaining because the usual circumventions they had to get around the 4th Amendment are no longer available.. as it should be.
BL.
What he's asking for is that Apple, or Google, or whoever, keep your keys in a way they can decrypt them if they get a lawful order from a judge. Which means, a back door. Which means, it's wide open to abuse, whatever the FBI does. Hackers, either thieves or political tricksters, will know there's a backdoor and be able to find a way to get in without a warrant. It's like Touch ID without the "secure enclave". Worthless.
The Fourth Amendment of the Bill Rights, ratified in 1791, has traditionally been Americans' "principal constitutional protection against government spying," says David Cole, a lawyer who teaches constitutional law and national security at Georgetown University. As the amendment states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated."
But Cole and other legal analysts say the world of computers has weakened the Fourth Amendment. "In the modern digital age," he says, "it means very, very little."
Here's why: Let's say the police or FBI wanted to gather intimate details about your life back in the old days meaning, before computers came along. Whom are you meeting? What are you reading? What are you writing in your diary? What kinds of products have you been buying? Where are you going to travel and where will you stay?
One of the best ways to get that information would have been to search your home, bug it and wiretap your phone. Based on the Fourth Amendment, that meant the police would have needed a search warrant. And to obtain a warrant, law enforcement officers must convince a judge that they have probable cause that the place they want to search, or the person they want to bug, is likely to reveal evidence of a crime.
But since the 1960s and 1970s, the Supreme Court and other courts have issued a series of rulings declaring that the government does not need a search warrant to obtain your personal documents if you have already shared them with somebody else. For instance, since you allow your bank and credit card company to know what you buy, and since you let your phone company know whom you call, you can't claim that information is private. It's the legal version of the lesson you learned when you were 12 years old: If you don't want everyone else to read your diary, then don't show it to anybody.
In the wake of those court decisions, the digital revolution came along. And many of the most intimate details of your life that you used to protect at home morphed into digital documents which are stored on someone else's computers.
"When I send an email, I've shared it with the Internet provider," Cole says. "When I search the Web, I've shared it with the Web company. When I walk around with my cellphone, I'm sharing with the cellphone company my whereabouts. All of that information has lost its constitutional protection, and the government can get it without having to make any showing that you're engaged in illegal activity or suspicious activity."
So in this digital age, police often do not need to show probable cause of a crime when they want to find out details about your life that they used to find in your home. Instead, they can get your private files from corporations that store your records on their computers.
And instead of a search warrant, the police might just need a subpoena which is "trivially easy to issue," says Bankston of the Center for Democracy and Technology. Law enforcement doesn't need a judge's approval to obtain subpoenas prosecutors can sign them on their own, as can authorized employees at federal and state agencies. And law enforcement agents don't need evidence that there's likely a crime. They need only to be able to show that the records they want are relevant to an investigation.
And what happens if they do get a warrant and the suspect refuses to unlock their device? That is the issue.
If the police have a warrant to search my house, they have a variety of means to gain entry if I do not unlock the door.
Hell, if I own a safe and the government has a warrant, safe manufacturers will assist in opening the safe.
Yes, but now they will not be able to act on that warrant.
They can screw off. After all the Snowden documents they expect trust? No. Law enforcement branches and government need to regain trust, because what the NSA does is damn criminal.