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Re:EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at ... by martinflack on Wednesday September 13, 2017 @03:36PM (#15241811)
Your phone / laptop is now digitally connected to everything in your life.

Giving access of that over to a government agent is like handing them a diary of everything you ever thought, a list of everyone you ever met, a record of everywhere you ever went, a list of every book you've ever read, a list of every medication you've ever taken, a list of every game you've ever played, a list of every off-color joke you've ever cracked with friends, etc.

Would you hand that over on paper?

Re:EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at ... by justinpombrio on Wednesday September 13, 2017 @03:53PM (#15241974)
Many of which fit the legal definition of papers:

http://legal-dictionary.thefreedictionary.com/Paper

which are protected from being searched by the fourth amendment:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

(I quoted the modern legal definition of papers, but the proper thing to look up is the colloquial definition of papers at the time the constitution was written. Does anyone have a good reference for how the founders of the US would have used the word "papers"? It clearly included legal and accounting documents, but e.g. was it broader than that?)

Re:EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at ... by derefr on Wednesday September 13, 2017 @03:43PM (#15241872)
Another thing that contains all those same things is "your brain." It's harder to get the facts out of it, but those TSA interview rooms represent an attempt. If that is allowed, then I don't see what's better/worse about searching your digital exobrain instead. Either way, you're handing over "you" on a silver platter.
Re:EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at ... by adekok on Wednesday September 13, 2017 @04:05PM (#15242076)
Answer one: speed

Assuming you have perfect recall, and answer all of their questions truthfully, it will still take time for them to troll through all of your memories and actions.

They can do the same with a telephone / laptop in minutes.

Answer two: perfect recall

You can't recall everything perfectly, and you don't write everything down. So after a while, they won't have anything to go on. "What did you do in Thailand last Wednesday?" ... "I dunno, I got drunk with my friends?"

Versus "we searched your phone and you took pictures last Wednesday of someone who looks underage. Please turn around for the handcuffs".

In general, I have everything to hide from state actors with near-infinite resources, zero accountability, a deep understanding of the law (i.e. how to get you for almost anything), and their own personal agenda to push.

They should need to prove to me why they need to look at my stuff.

Re:EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at ... by macintux on Wednesday September 13, 2017 @04:10PM (#15242121)
You can plead the 5th. Your phone cannot.
Re:EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at ... by tonyztan on Wednesday September 13, 2017 @08:46PM (#15244069)
Exactly. All the more reason to make sure the 4th is upheld.
Re:EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at ... by Raynak on Wednesday September 13, 2017 @08:07PM (#15243898)
It really isn't.