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A comment on Facebook, WhatsApp Will Have to Share Messages With U.K.?. Parent comment

Re:Facebook, WhatsApp Will Have to Share Messages With U.K.? by ComputerGuru on Saturday September 28, 2019 @11:28AM (#21100851)
I’m much more interested in the wording of “in the ordinary course,” which I don’t think is just a quirk of the language and I believe it is an indication that certain differing measures can take place after being compelled to provide information.
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Re:Facebook, WhatsApp Will Have to Share Messages With U.K.? by likpok on Saturday September 28, 2019 @01:12PM (#21101523)
The case law references records kept “in the ordinary course of business”. Such records are admissible, other records are not (being hearsay).

https://en.m.wikipedia.org/wiki/Business_records_exception

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Re:Facebook, WhatsApp Will Have to Share Messages With U.K.? by ethbro on Saturday September 28, 2019 @11:35AM (#21100898)
At minimum, it seems the kind of thing a competent lawyer would require.

Even if FB / WhatsApp doesn't currently have such a capability, there's no legal guarantee they couldn't be compelled to add it, thereby putting them in conflict with language that didn't include that clause.

Afaik, case law is murky over whether creating new code qualifies as speech (illegal to compel) or facilitating legally-approved wiretapping (legal and required).

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