News for hackers. Stuff that matters.
Re:Feds order Google to track people searching certain names... by AlbertCory on Monday October 25, 2021 @03:11PM (#28991825)
I'm not a Constitutional scholar, but I would bet SCOTUS rules this kind of warrant illegal. Google certainly has the resources to take the case that far.

AFAIK a warrant usually is tied to a specific person or a specific crime. In other words, if an explosion killed Harry McHarryface, then it would be constitutional to ask for names of people who searched for Harry.

Or if the fertilizer used in the bomb was shown to have been purchased on March 10, then maybe a search for "fertilizer" in the weeks before March 10 would be allowed.

But not a generic search.

Just my opinion that's not legal advice.

Re:Feds order Google to track people searching certain names... by RattleyCooper on Monday October 25, 2021 @04:04PM (#28992448)
Look at it this way, if a car is involved in a drive-by shooting the police can't get a warrant to search every single home that has the same year/make/model of car registered to with that address. For a legal warrant you have to have probable cause that a specific person committed a crime. You can't just search everybody and see what sticks, that's blatantly unconstitutional.
Re:Feds order Google to track people searching certain names... by zamfi on Monday October 25, 2021 @06:04PM (#28993707)
> For a legal warrant you have to have probable cause that a specific person committed a crime. You can't just search everybody and see what sticks, that's blatantly unconstitutional.

Sure, though it’s worth noting that nothing prohibits the police from walking down the street and asking people. Those people don’t have to talk to the police, but…

Google will fight warrants like this. AT&T doesn’t. Other companies have varying policies on this.

Obviously, one can’t assume data is not available to law enforcement merely because the police would need a warrant to get it over a possessor’s objections.

Re:Feds order Google to track people searching certain names... by BobbyJo on Monday October 25, 2021 @07:57PM (#28994795)
I think something everyone should be aware of as well: there is no legal requirement that Google not hand over this data to police. A warrant is needed to force Google to hand over such data, but they don't need anything at all to ask Google nicely. And if Google decides it's in their best interest to comply without a warrant, they are the legal owner of the data, so ...
Re:Feds order Google to track people searching certain names... by gnopgnip on Tuesday October 26, 2021 @02:23AM (#28997057)
> there is no legal requirement that Google not hand over this data to police.

This isn't really true. The Electronic Communications Privacy Act prohibits third parties from sharing electronic communications without a warrant. It doesn't matter if they are the legal owner of the data, if it is about a third party that has fourth amendment protections.

Re:Feds order Google to track people searching certain names... by BobbyJo on Tuesday October 26, 2021 @05:27AM (#28998194)
IANAL, but the way I understood ECPA it only really protects communication while in transit, and both stored communications and data disclosed to third parties isn't really protected, depending on the context.

Search history, and Google's analytics about you, are a gray area, because you are communicating with Google, not using Google as a transport layer with an expectation of privacy.

Like, if the FBI asked me for my text messages with person X, I can hand them over if I want since they are my communications, but if they want the texts from my phone company they are legally protected. Using search is like texting Google.

Re:Feds order Google to track people searching certain names... by gnopgnip on Wednesday October 27, 2021 @01:57PM (#29016689)
Stored communications, data stored electronically is protected as well under the wiretap act. Search history, location history is covered, it requires a warrant.
Re:Feds order Google to track people searching certain names... by Maarten88 on Monday October 25, 2021 @09:32PM (#28995373)
I wonder if this is true for me as a EU citizen. Per the GDPR, companies can use personal data without consent when there is a legal requirement, but I think they can't just hand it out without consent when they just feel like it.

Maybe that is where the warrant comes in, to make it plausible that it is required?

I guess we'll find out when they arrest the first EU citizen based on this data.

Re:Feds order Google to track people searching certain names... by rndgermandude on Tuesday October 26, 2021 @03:09AM (#28997297)
The GDPR states that there is a list of purposes which allows member states law to restrict the scope of the GDPR[0]. One of these purposes is "the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security".

German law uses this to allow "non-public" controllers/processors (aka companies) to give data to German (and EU) law enforcement[1]. The police still needs to specify legal grounds, e.g. the investigation of a concrete alleged crime, and "drag net" investigations are generally not legal. The controller/processor has no obligation to give data to the police if they just ask, but it can if the police request is narrow enough and names the legal grounds. If there is a court order, that's another matter, then the company is obligated to provide the data.

But what about the US law enforcement wanting data about some German citizen within the scope of the GDPR and German law? A service provider is not allowed to give US law enforcement such data[2][3], but in this case the US law enforcement will usually use the mutual legal assistance treaty (MLAT) between the US and Germany to ask the German police for help, and the German police will then essentially ask for the data and (provided there are legal grounds) the service provider is allowed to pass data to the German police, which passes it back to the US law enforcement.

Legislation in other EU member states is mostly quite similar.

[0] https://gdpr-info.eu/art-23-gdpr/

[1] https://dsgvo-gesetz.de/bdsg/24-bdsg/

[2] https://gdpr-info.eu/art-48-gdpr/

[3] But it really becomes complicated when the service provider is under US jurisdiction (in this example). Then the service provider is caught between competing law of two different jurisdictions and is in the unfortunate position to decide what law to break.

Re:Feds order Google to track people searching certain names... by jtmarmon on Tuesday October 26, 2021 @12:32AM (#28996425)
IANAL but the answer appears to be no. Even an actual warrant doesn't count. Legal processing has to be required by the law of an EU member state, US court rulings don't count

See https://gdpr-info.eu/art-6-gdpr/ (6)(1)(c) (6)(3)(a/b) and https://gdpr-info.eu/art-48-gdpr/ (48)

That's not to say I know how a Google would react to a US warrant about an EU citizen (especially given the CLOUD act https://en.wikipedia.org/wiki/CLOUD_Act) but from what I can tell it's not permitted under GDPR

Re:Feds order Google to track people searching certain names... by JohnWhigham on Tuesday October 26, 2021 @09:33AM (#29000184)
there is no legal requirement that Google not hand over this data to police.

Yet they always do! Weird how that works out.

Re:Feds order Google to track people searching certain names... by 77pt77 on Monday October 25, 2021 @07:46PM (#28994701)
>Google will fight warrants like this.

They are already complying. It's right there in the article.

Re:Feds order Google to track people searching certain names... by AlbertCory on Monday October 25, 2021 @08:03PM (#28994844)
My bad. You're right.
Re:Feds order Google to track people searching certain names... by addingnumbers on Tuesday October 26, 2021 @10:22AM (#29000763)
Genuine question, what led you to believe Google would fight this sort of thing?
Re:Feds order Google to track people searching certain names... by passivate on Monday October 25, 2021 @07:15PM (#28994397)
>Google will fight warrants like this.

How many keyword-search warrants have they fought? The article seems to suggest google has been providing data to the us government in the past and that this is an on-going collaboration.

Re:Feds order Google to track people searching certain names... by jonas21 on Monday October 25, 2021 @06:49PM (#28994151)
On the other hand, if a specific type of nail is used as shrapnel in a homemade bomb, investigators can go around to all hardware stores in the area and get security camera footage of customers who recently bought large quantities of that type of nail.

This isn't a hypothetical situation - according to the LA Times, it's how they ended up cracking the Austin bombing case that involved the Google warrant [1]:

> Trying to find the buyer of the nails, officials “went to every hardware store” in the area to find customers who had made large purchases, and they struck gold with a Home Depot store in the Austin suburb of Round Rock, McCaul said in an interview with the Los Angeles Times.

> “The fatal mistake that led law enforcement to him — because he was pretty good at evading surveillance cameras — was when he walked into Home Depot,” McCaul said. Investigators obtained surveillance video of Conditt walking into the store in a wig and walking back out to a vehicle with a license plate connected to his name.

So I think there's a little more nuance here. Certainly matching a list of generic terms seems too broad. But a warrant for specific keywords that was limited to a specific city and time frame might be analogous to going to all the hardware stores in the city and pulling security footage?

[1] https://www.latimes.com/nation/la-na-austin-bombings-suspect...

Re:Feds order Google to track people searching certain names... by thaumasiotes on Monday October 25, 2021 @06:51PM (#28994172)
The police can ask for anything. It's not the same thing as ordering something.
Re:Feds order Google to track people searching certain names... by jonas21 on Monday October 25, 2021 @06:56PM (#28994217)
That's a good point. The reason they had to get a warrant for Google is that Google refuses to hand over data unless they're compelled to do so (and I'm glad they're willing to take this stand). It's unclear whether there were any warrants for the hardware stores of if the stores simply gave up the data when asked.
Re:Feds order Google to track people searching certain names... by jacquesm on Tuesday October 26, 2021 @04:03AM (#28997617)
A while ago there was someone here on HN that thought that he could evade the authorities for a longer stretch of time if he decided to do so. This works right up to the point where there is a serious reason to find you and then you are as good as without a chance. For the same reason that computer security is hard: you need to make it work every time, and they only need the one break. It's just a matter of resources at that point.
Re:Feds order Google to track people searching certain names... by Consultant32452 on Monday October 25, 2021 @10:25PM (#28995719)
I can imagine a scenario where the warrant is for searches that you would not believe a human would naturally make on their own. I think SCOTUS would allow that.

Scenario: Hello fellow criminals. Instead of point to point communication, we will make random posts/pages that have our combination of words on them. So if you want to read our communication, do a google search for the exact quote "purple antelope shoe couch can squirrel."

Re:Feds order Google to track people searching certain names... by ineedasername on Monday October 25, 2021 @11:11PM (#28995995)
naturally make

Though some of those bomb searches could easily be made by anyone curious about past bombing incidents. I've certainly had some curiousity-based searches about how the Unibomber did his work.

How do we end up defining naturally? That's a question the court would ask, and want to be able to provide a litmus test for going forward. I'm not sure how we do that here... Statistical probability at some specific threshold? It's a difficult question.

Re:Feds order Google to track people searching certain names... by sterlind on Tuesday October 26, 2021 @03:09AM (#28997304)
I'm pretty sure I've searched those terms myself, looking up how high and low explosives are used as detonation lenses in atomic bombs.

I also looked up whether PLA can be made conductive and if it shows up normally in x-rays, to determine if I could legally 3D print the lower receiver for a handgun in my state.

...come to think of it, I wouldn't be surprised if I tripped some queries, and they just realized I'm an insatiably curious but harmless nerd and left me be.

Re:Feds order Google to track people searching certain names... by Consultant32452 on Tuesday October 26, 2021 @08:16AM (#28999427)
Yes, once the very unique search phrase becomes public and lots of random people are searching it, I suspect the court would be less likely to allow such a warrant.
Re:Feds order Google to track people searching certain names... by mikecoles on Wednesday October 27, 2021 @04:58PM (#29019027)
This HN page is #4 at the moment. It hasn't tripped Google Trends yet though.
Re:Feds order Google to track people searching certain names... by csense on Wednesday October 27, 2021 @12:58AM (#29009707)
A few years ago, in the context of justifying automatic license plate readers, the LAPD told a court that all cars in Los Angeles are under investigation:

https://news.ycombinator.com/item?id=7434448

Re:Feds order Google to track people searching certain names... by tshaddox on Monday October 25, 2021 @07:32PM (#28994552)
Presumably this isn’t some easily-drawn line though, wouldn’t it be a judgment call (literally, made by a judge)? If the car was a specific color and model only 2 of which were registered in the state, would the judge issue a warrant for those 2 addresses?
Re:Feds order Google to track people searching certain names... by xxpor on Monday October 25, 2021 @10:15PM (#28995682)
I'd guess the analogy the government would make is that it's more similar to a DUI checkpoint. They're searching everyone (or a random subset) of everyone coming through an area.
Re:Feds order Google to track people searching certain names... by AlbertCory on Monday October 25, 2021 @07:02PM (#28994285)
There's actually a doormat you can order, which I saw hanging on the wall in Google Legal (I'm not saying that was an official statement by anyone):

Come back with a warrant

I'd get one, but I'm afraid someone would steal it.

Re:Feds order Google to track people searching certain names... by 6510 on Monday October 25, 2021 @04:35PM (#28992795)
If the car was used multiple shootings, the same phone was in that area and the phone was used to search for the victims name every time then we have everything we need but are unwilling to use it?

We can probably figure out how to extract such data and cross reference it without making any of it available to random government employees.

Say you take pictures of license plates, store the data some place safe and allow a query of 5 recent armed robbery locations. If the result contains multiple cars matching 2 locations no results are returned. The moment a 6th robbery happens and a single car matches 3 out of 5 law enforcement can start looking for it immediately.

Sure, you'd get pretty mad if every time you get robbed the police searches your vehicle but they don't need to break anything and you will get over it.

Re:Feds order Google to track people searching certain names... by Talanes on Monday October 25, 2021 @04:44PM (#28992883)
>Sure, you'd get pretty mad if every time you get robbed the police searches your vehicle but they don't need to break anything and you will get over it.

Or I'll stop calling the police, especially if that first invasive experience doesn't end with my belongings returned.

Re:Feds order Google to track people searching certain names... by blacksmith_tb on Monday October 25, 2021 @05:32PM (#28993399)
Well, generally you need to file a police report to file an insurance claim, so whether or not they do you any good (or even harm), you don't have a lot of alternatives (unless you don't have insurance, in which case you also don't have a lot of alternatives, likely).
Re:Feds order Google to track people searching certain names... by Talanes on Monday October 25, 2021 @10:55PM (#28995904)
I've never been wealthy enough to insure my belongings, so my experience with trying to make police reports for theft have not only felt like a waste of time, the officers I've filled with have directly told me I'm wasting my time (and implied I'm wasting theirs) whenever I have made a report.
Re:Feds order Google to track people searching certain names... by vel0city on Tuesday October 26, 2021 @12:46AM (#28996497)
In the US, it is common to carry renter's insurance. It covers liability you as a renter might have for damages to the landlord's property such as water, fire, or other kinds of damage. It also usually covers your belongings as well. That coverage usually applies to your belongings regardless of where they are and covers things like theft. Bike get stolen from a bike rack? Backpack get stolen from a car? Usually covered, with deductibles, of course.

A lot of people I know who carry renter's insurance were unaware it covered their stuff like that. YMMV on what is and is not covered though.

Re:Feds order Google to track people searching certain names... by 6510 on Monday October 25, 2021 @04:58PM (#28993048)
Right, that seems a whole different problem that should really be addressed. In the Netherlands the police are the politest people one could ever meet. It takes very few complaints about politeness or excess force to lose the job. Ofc on the flip side they are also highly incompetent, have no tools, get to see just about ever crook released, are under paid and are very unprofessional. But polite, woah!
Re:Feds order Google to track people searching certain names... by vimacs2 on Monday October 25, 2021 @05:58PM (#28993649)
Cute attempt at establishing a completely made up dichotomy but generally the politeness of a police force is correlated with how effective it is, not inversely.
Re:Feds order Google to track people searching certain names... by 6510 on Tuesday October 26, 2021 @11:01PM (#29009108)
The work involves more than talking with people. They do get the full effect out of being polite but their effectiveness is hurt by a long list of things. For example, we can always spend more money on it. People will always find a way to spend more money. I would scale the budget with how long it takes to do basic things. If those take much to long they either need funding or have to prioritize tasks. Things like interview the witness before GC kicks in. There are crappy security cameras everywhere but the free plan doesn't store the recordings for very long. etc There are countless stupid stories.
Re:Feds order Google to track people searching certain names... by Talanes on Friday October 29, 2021 @07:39PM (#29044694)
Talking with people is kind of most of the job though.
Re:Feds order Google to track people searching certain names... by AlbertCory on Monday October 25, 2021 @06:27PM (#28993969)
There's a pretty broad statement. Evidence?
Re:Feds order Google to track people searching certain names... by elzbardico on Monday October 25, 2021 @09:56PM (#28995549)
Of course. In places with low crime levels, the police can afford not being completely stressed to the point they become psychos.
Re:Feds order Google to track people searching certain names... by NullPrefix on Monday October 25, 2021 @05:26PM (#28993347)
>Or I'll stop calling the police, especially if that first invasive experience doesn't end with my belongings returned.

Oh my sweet summer child. Calling the police is never about getting the belongings back. Calling the police is only about striking the perpetrator with violence, hoping that it would equalize the karma levels.

Re:Feds order Google to track people searching certain names... by Zababa on Monday October 25, 2021 @05:30PM (#28993380)
> Calling the police is only about striking the perpetrator with violence, hoping that it would equalize the karma levels.

Or, you know, prevent them from doing crimes again.

Re:Feds order Google to track people searching certain names... by mulmen on Monday October 25, 2021 @08:15PM (#28994935)
Rehabilitation is clearly not a high priority in the US Justice system. See: outcomes.

It's a vengeance based system.

Re:Feds order Google to track people searching certain names... by ineedasername on Monday October 25, 2021 @11:19PM (#28996039)
vengeance

Unfortunately. But the criminal still can't commit crimes while in prison though. Vengeance just also means that solving the problem of any individual criminal is usually only temporary.

Re:Feds order Google to track people searching certain names... by mulmen on Tuesday October 26, 2021 @05:46AM (#28998320)
Well there can still be rehabilitation with captivity. The US system just doesn’t prioritize that. We prefer punishment, even though outcomes are worse for everyone.
Re:Feds order Google to track people searching certain names... by ineedasername on Tuesday October 26, 2021 @07:30AM (#28999003)
Agreed. There are things like GED and college programs, but they can have long waiting lists. Makes it a bit ironic if you have to commit a crime bad enough to get a multi-year sentence to get into an education program in prison. There more to rehabilitation though, and exclusion from a vast number of jobs after getting out of jail doesn't really help the rehab process.
Re:Feds order Google to track people searching certain names... by elzbardico on Monday October 25, 2021 @09:49PM (#28995503)
inmates have found that is pretty hard to commit the same crimes that put them in jail while they are behind the bars.

It should count for anything.

Re:Feds order Google to track people searching certain names... by mulmen on Tuesday October 26, 2021 @05:47AM (#28998333)
Until they get out, have no life skills and no prospects because they have been excluded from society then re-offend and the cycle continues.
Re:Feds order Google to track people searching certain names... by 6510 on Monday October 25, 2021 @05:51PM (#28993600)
I'm beginning to see that now. Its just like the aggressive down voting shootin from the hip. People here cant even entertain the technical challenge of it - eventho the problem is [apparently] assumed to be impossible. I knew US police had a bad rep but I never imagined the service to be this worthless.

I often think we need to bring back something like monks who selflessly deliver a service in exchange for an isolated life of study and meditation.

We have way to many shit people who cant be trusted with anything and make poor company.

Re:Feds order Google to track people searching certain names... by s5300 on Monday October 25, 2021 @06:39PM (#28994062)
The police in my hometown consist of:

* A dude who managed solid D grades throughout elementary and middle school despite a good & supportive family life & voluntarily chose to hold himself back a grade (8th grade) to "have a better chance of a football career to get into the NFL"

* A dude who, for as long as I can literally remember, talked about how he was going to be some kickass marine. Talked about it all the time, for years. He was also a solid D (even in shop class) student & football player. Not only did he fail, to my knowledge, in every metric required to be a marine - he managed to fail, which I truly didn't know was possible, every metric required to be an army grunt - except presumably the physical requirements. It wouldn't be hard for me to imagine him failing a cardio requirement tho.

This dude couldn't get in the lowest levels of our fucking army. I really only thought you could be disqualified for things like admitting to drugs or having felonies, but he managed to fuck up some test of intelligence they require.

* & several generations of people who are similar fuckups like these two.

Now, what do people like this on a police force manage to get up to?

Last month, there was a domestic violence call somewhere in the town. By the time the cops got there, dude was out on the curb, in his car, with his kid (wife had said he had a gun and threatened her with it, he did not have a gun)

Police haphazardly blocked him into the curb with their cruisers, and surrounded him with their guns out, in a crossfire with themselves. Proceeded to scream absolutely incoherent shit at the dude, while he's in the turned off & parked car with his hands clearly visible on the wheel - kid in the back seat, for about 10 minutes. Dude finally decides nothing good is going to come out of this & decides to attempt to leave. Turns car on, very slowly tries to turn out of how they'd blocked him in, and very slightly bumps a cruisers bumper (nobody was in the cruiser)

One cop then randomly decides to shoot. Keep in mind, I earlier mentioned the cops put themselves in their own crossfire. I have absolutely no fucking idea how, but one cop shot the other cop in the shoulder. This was the very first bullet fired by anybody, and as stated, the perp didn't even have a gun.

Cop yells out he's hit, and then all cops present go fish in a fucking barrel on the car, with the child in it, to the tune of 67 bullets IIRC.

The local news &, as you can assume, all Facebook groups, report that the man opened fire on police, and that the cops had then killed him. All comment sections swarmed with the local painkiller addicted retirement community saying "good, he should be dead" - and that reporting is now unchallengeable canon in their dementia ridden but still able to vote minds.

There's still an ongoing investigation by the state as to how the chucklefuck cop managed to go full retard enough to blast his buddy, but having gone on so long I'm sure it's going to end up as another "we've investigated ourselves and found no wrong doing"

The service isn't "worthless"

It's downright fucking dangerous to anything and everything around it, like the person legally in the crosswalk, who was hit at 120mph+ by a cop SUV and turned into mostly red mist, no significant body parts to be found, by one of the squadrons of cops responding to the aforementioned call.

Re:Feds order Google to track people searching certain names... by dang on Monday October 25, 2021 @10:49PM (#28995867)
Can you please make your substantive points without fulminating and name-calling? That's in the site guidelines. I realize you're talking about an important life-and-death issue/incident and that this material is highly activating. But internet snark and putdowns don't help—they just degrade things further and evoke worse from others.

We could especially do without "the local painkiller addicted retirement community" saying and "their dementia ridden but still able to vote minds". That's a slur, and those are not welcome here, regardless of how wrong other people are or you feel they are.

If you wouldn't mind reviewing https://news.ycombinator.com/newsguidelines.html and taking the intended spirit of the site more to heart, we'd be grateful.

Re:Feds order Google to track people searching certain names... by kortilla on Tuesday October 26, 2021 @01:25AM (#28996699)
Do you have a link to where this happened? A cop going 120mph in response do a domestic incident doesn’t sound normal.
Re:Feds order Google to track people searching certain names... by s5300 on Tuesday October 26, 2021 @01:55AM (#28996877)
I could send it to you personally, but that 100% doxx's myself, something I'm not particularly trying to do.

The article itself doesn't mention the speed anywhere - though this is my first time actually reading it. The reason I'm otherwise aware of the speed is because a family member is on the city council and also the head of our emergency department.

The officer driving died (at the aforementioned emergency room), first time I'm seeing of that. I was aware he was badly injured, but didn't think it was death. The front of the SUV looks just about like what you'd presume 100mph+ does.

> A cop going 120mph in response do a domestic incident doesn’t sound normal.

This is part of the point I'm trying to make. It's a common feature amongst small towns, especially in the MidWest, of cops being complete and utter menaces to society. He hit two other cars as well, fortunately no passengers were injured. None of which had to happen, all of which happened because of a cop wanting to go hero mode and break laws for a measly domestic call he wasn't even needed at. Responding to shots fired they say, not telling him it was his own men's shots...

Hilariously, not a singular article of many states anything about the fact it was entirely his fault. Box truck he slammed into was crossing the intersection with a green light, unaware of the cop barreling down the street without even turning his sirens on until he'd nearly hit him. Small town reporting for you I guess. Incident "still under investigation" by the highway patrol...

Re:Feds order Google to track people searching certain names... by Igelau on Monday October 25, 2021 @08:52PM (#28995154)
> Oh my sweet summer child

Tell us the one about the Long Night and the Others, Old Nan!

Re:Feds order Google to track people searching certain names... by Talanes on Monday October 25, 2021 @10:56PM (#28995909)
I don't disagree, but I'm not in a social stratum where calling the police is likely to even get me that.
Re:Feds order Google to track people searching certain names... by baremetal on Tuesday October 26, 2021 @02:00PM (#29003825)
way to blame the victim buddy.
Re:Feds order Google to track people searching certain names... by ineedasername on Monday October 25, 2021 @11:15PM (#28996015)
I'm not sure that putting the data into a metaphorical locked-box is sufficient. Someone with an interest in seeing the data will always have the keys. What you describe is not completely different from the purpose that FISA courts are supposed to serve, and I don't think those are a great success in protecting freedom and privacy according to the Constitution.
Re:Feds order Google to track people searching certain names... by night862 on Monday October 25, 2021 @10:32PM (#28995762)
There's a big problem insofar as you need to have legal standing in order to bring the malfeasance to court (implying you must be able to demonstrate this has been used)

This is so difficult, more or less impossible. Prosecutors and LE will likely not bring forward a criminal case based on this sort of unlawful search, as the discovery would detonate the case if brought before a mildly competent defense. The defense would have a really great speaking season following the court proceedings if they were to catch such a windfall.

I speculate that these sort of illegal searches are conducted regularly, and serve to fuel parallel construction.

In the OP article, it says that LE "did not need to use these search warrants to find the bomber" whose picture is inline, instead they correlated his "unique pink construction gloves" to some home depot footage of his purchase, linking his identity to the purchase with video evidence.

I think it is very possible for parallel construction to provide the required leads to locate this video footage. The search warrants can be as illegal as the day is long, but their effect may remain invisible so long as it generates a lead which is not obviously poisoned fruit.

Re:Feds order Google to track people searching certain names... by eftychis on Monday October 25, 2021 @10:46PM (#28995850)
Starting replying then saw your comment. Just wanted to note you are spot on in my opinion. It will be hard to showcase parallel construction and I am not sure how some ngo of some sort can pursue this at court.

Honestly, my feeling is the moment judges and congress felt OK with actions even pondering such acts we had a fundamental democratic problem in our hands.

As they say if you put a cop car on someone's tail they are going to get a ticket.

Re:Feds order Google to track people searching certain names... by night862 on Wednesday October 27, 2021 @05:51PM (#29019561)
>As they say if you put a cop car on someone's tail they are going to get a ticket.

"Show me the man and I'll show you the crime." -Lavrenti Beria, ironically, before his 1953 trial and execution.

Beria was a monster, hated by many of his countrymen. Who would argue against such a puppet trial? So long as justice is served.

Re:Feds order Google to track people searching certain names... by CoastalCoder on Monday October 25, 2021 @04:29PM (#28992740)
Neither am I a constitutional scholar, but I'm less optimistic about this being ruled illegal.

But it's for a somewhat meta-reason: there have been numerous cases where something strikes me as blatantly unconstitutional, but the SCOTUS has allowed it anyway.

Re:Feds order Google to track people searching certain names... by LatteLazy on Monday October 25, 2021 @06:17PM (#28993867)
You'd think so. But for 20 years plus justices at all levels have been very happy signing off secret warrants, ultra wide warrants, back dates warrants and other bs. It seems the judiciary don't (want to) understand computers well enough. They just accept government claims of necessity.
Re:Feds order Google to track people searching certain names... by 28uwedj on Monday October 25, 2021 @06:47PM (#28994130)
Hey got a sec? check our this cute dog https://google.com/search?q=bomb
Re:Feds order Google to track people searching certain names... by salawat on Wednesday October 27, 2021 @08:40AM (#29012498)
It's sadly more nuanced than that because the answer to the question Can police do X? Is not effectively answered til binding precedent is created in the Courts, which requires someone to fight it all the way up. Remember, judges are signing these blatantly overbroad warrants in the first place. So there's a judiciary crisis already at play
Re:Feds order Google to track people searching certain names... by raxxorrax on Tuesday October 26, 2021 @02:36AM (#28997131)
> then it would be constitutional to ask for names of people who searched for Harry.

I don't think putting people that want to inform themselves under suspicion is feasible and it probably should not be legal. This isn't conductive to solving crimes and has severe chilling effects.

Re:Feds order Google to track people searching certain names... by pvarangot on Tuesday October 26, 2021 @12:22AM (#28996364)
For something like catching a bomber or people that just kidnapped a girl even if this warrant is deemed illegal the cops are probably making a bet that they'll be swimming in better evidence once they nail on a suspect and do regular surveillance.
Re:Feds order Google to track people searching certain names... by yaur on Tuesday October 26, 2021 @12:38AM (#28996453)
"probable" has a very specific meaning. If the police can construct a query that returns 1-2 results and on average one of those results is the killer than its "probable" otherwise its not.
Re:Feds order Google to track people searching certain names... by angelzen on Tuesday October 26, 2021 @02:06AM (#28996949)
Google has the resources. Is it sensible to expect a corporation larger than the oil giants to behave responsibly with its power?
Re:Feds order Google to track people searching certain names... by iammisc on Monday October 25, 2021 @03:12PM (#28991846)
Does the current administration follow SCOTUS rulings?

Edit: why am I being downvotes? The president explicitly stated his plan to ignore another SCOTUS ruling

Re:Feds order Google to track people searching certain names... by dahfizz on Monday October 25, 2021 @03:46PM (#28992222)
>why am I being downvotes? The president explicitly stated his plan to ignore another SCOTUS ruling

People only think executive overreach is cool as long as they can ignore the downsides.

Re:Feds order Google to track people searching certain names... by stjohnswarts on Monday October 25, 2021 @05:20PM (#28993286)
The President is basically the head of law enforcement in the federal government. Police organizations in the USA have a long history of pushing the limits of what is Constitutional. After all, they just want to get their job done and leave it up to the judiciary to decide what is Constitutional.
Re:Feds order Google to track people searching certain names... by themitigating on Monday October 25, 2021 @03:59PM (#28992388)
Can you provide a source?
Re:Feds order Google to track people searching certain names... by iammisc on Monday October 25, 2021 @04:05PM (#28992455)
https://www.bloomberg.com/opinion/articles/2021-08-04/biden-...

> The president knows this. He told the press that his administration had surveyed the opinions of constitutional scholars, and that most thought an extension would be unlawful. Yet under political pressure from the left, Biden nevertheless ultimately decided to issue the extension.

In other words: SCOTUS wrote words clearly indicating a ban would be illegal. By a technicality (expiration date), they didn't issue an explicit ruling. Biden did it anyway, while admitting he knew it was illegal.

Re:Feds order Google to track people searching certain names... by mattkrause on Monday October 25, 2021 @04:31PM (#28992755)
Is doing something that the Supreme Court may later overturn--and bear in mind it was a close decision--actually "illegal"?

I could certainly see the argument that it's ill-advised, and indeed, it was struck down a few weeks later. However, I don't think concurring opinions are binding and you could imagine certain fact patterns that might have changed Kavanaugh's mind: Congress agrees on a similar extension, but there's a short gap before it comes into effect, the situation worsens dramatically, the extension is much more narrowly tailored, etc.

Re:Feds order Google to track people searching certain names... by chmod775 on Monday October 25, 2021 @04:41PM (#28992858)
> Is doing something that the Supreme Court may later overturn--and bear in mind it was a close decision--actually "illegal"?

It's not illegal at all. Making it illegal would never work in practice.

It is however supposed to be politically embarrassing and should in theory hurt your party.

However right now, in practice, due to the polarized two-party shit show that is US politics at the top level, it doesn't matter. The constituents haven proven to lack both will and tools to hold their elected representatives accountable, who in turn have learned they can get away with pretty much anything.

What could they have done to avoid a president who would behave that way? Elect Trump? Hah.

Re:Feds order Google to track people searching certain names... by root_axis on Monday October 25, 2021 @04:36PM (#28992808)
So in your own words the court did not issue a ruling, yet your original comment explicitly mentions a ruling without further elaboration. That seems disingenuous because without knowing what actually happened a reader could be easily mislead to believe that a ruling was actually issued, which is the only thing that matters with respect to the legal authority of the POTUS/SCOTUS.
Re:Feds order Google to track people searching certain names... by ineedasername on Monday October 25, 2021 @11:32PM (#28996112)
I think that's a grey area. Some members indicated they might have ruled against the administration if the deadline didn't moot the issue. Which the Court did, when the issue was no longer moot.

If I were placing blame here, I'd put at least part of it on the SC for not giving a real ruling on it in the first place. There was speculation about an extension in the air already at the time, and they could have cut that short.

Re:Feds order Google to track people searching certain names... by JumpCrisscross on Monday October 25, 2021 @04:19PM (#28992630)
> SCOTUS wrote words clearly indicating a ban would be illegal. By a technicality (expiration date), they didn't issue an explicit ruling. Biden did it anyway, while admitting he knew it was illegal.

SCOTUS said the moratorium exceeded the CDC's legal authority, but declined to strike it down given it was soon expiring [1]. (They also strongly suggested that if POTUS tried renewing, they would strike it down.) POTUS tried renewing. SCOTUS struck it down.

None of this is properly construed as POTUS ignoring SCOTUS. When SCOTUS struck down the law, POTUS obliged.

[1] https://www.scotusblog.com/2021/06/divided-court-leaves-evic...

Re:Feds order Google to track people searching certain names... by iammisc on Monday October 25, 2021 @04:27PM (#28992716)
This is next level rationalizing. For a president to say in no clear terms that he is going to make a rule he knows is illegal is something else.

At least other administrations justify their attempts to break the law and mount some defense.

Re:Feds order Google to track people searching certain names... by mywittyname on Monday October 25, 2021 @05:12PM (#28993196)
This kind of thing happens all the time though. The most salient instances being when states enact abortion restrictions that are known to be unconstitutional and were historically subject to injunctions and ruled against.

There isn't a mechanism to stop unconstitutional laws from being passed or left on the books.

Re:Feds order Google to track people searching certain names... by Talanes on Monday October 25, 2021 @04:42PM (#28992864)
It's not an illegal rule until the Supreme Court actually makes a ruling. The Supreme Court does not determine Law merely by speaking.
Re:Feds order Google to track people searching certain names... by sterlind on Tuesday October 26, 2021 @03:18AM (#28997339)
notionally, the rule was (il)legal since its enactment. rulings merely affirm the legal status of rules, and give the Court the opportunity to order remedies.

for example, if the Court ruled that the Controlled Substances Act were unconstitutional, the government would be forced to free prisoners convicted of violating it, since the law was illegitimate the whole time. but if Congress repealed the act, they'd have no such obligation, since it was still a crime when the felony was committed.

Re:Feds order Google to track people searching certain names... by jonas21 on Monday October 25, 2021 @04:39PM (#28992838)
What are you talking about? The court ruled in favor of the administration in the first case, and against it in the second one. The administration complied after the second decision. This is how checks and balances work.
Re:Feds order Google to track people searching certain names... by jahewson on Monday October 25, 2021 @05:02PM (#28993090)
No this is Kavanaugh trying to have his cake and eat it by saying one thing and doing another. He ducked out of making a ruling and Biden forced him to do so.

The court doesn’t get to make law by threatening to make law. They have to actually do it.

Re:Feds order Google to track people searching certain names... by rpmisms on Monday October 25, 2021 @06:41PM (#28994077)
The court doesn't, or at least shouldn't, make law.
Re:Feds order Google to track people searching certain names... by Spivak on Monday October 25, 2021 @07:25PM (#28994491)
You're about 850 years too late on that front. Common Law has been a thing since Henry the Second and we just ggyG'd the whole UK legal system and edited from there.

You can't really avoid this either without throwing out judicial precedent because "knowing how the court will rule on subsequent cases" is basically the same as law.

Re:Feds order Google to track people searching certain names... by rpmisms on Monday October 25, 2021 @09:50PM (#28995508)
> You can't really avoid this either without throwing out judicial precedent because "knowing how the court will rule on subsequent cases" is basically the same as law.

But that's not law. That's consistent interpretation of law. Very different.

Re:Feds order Google to track people searching certain names... by xxpor on Monday October 25, 2021 @10:21PM (#28995703)
You're confusing statutes and the law. They're not the same thing. Just like a regulation isn't a statute, but it is the law.
Re:Feds order Google to track people searching certain names... by cronix on Monday October 25, 2021 @04:26PM (#28992707)
SCOTUS also said the eviction ban needed to be an act of congress. Congress debated it since then and couldn't come up with something they agreed on, so nothing was passed. So then, on the 2nd go around, Biden is using the CDC to come up with it, again, bypassing the congress which SCOTUS said was the only legal path forward. Congress could grant the CDC the authority to do so, but it hasn't. I think bypassing SCOTUS can only be argued to be intentional on the 2nd round.

https://www.msn.com/en-us/news/politics/the-supreme-court-st...

Re:Feds order Google to track people searching certain names... by adolph on Monday October 25, 2021 @03:46PM (#28992225)
%s/current/any/
Re:Feds order Google to track people searching certain names... by gowld on Monday October 25, 2021 @03:53PM (#28992299)
Can you link to info about that?
Re:Feds order Google to track people searching certain names... by iammisc on Monday October 25, 2021 @04:05PM (#28992461)
https://www.bloomberg.com/opinion/articles/2021-08-04/biden-...

> The president knows this. He told the press that his administration had surveyed the opinions of constitutional scholars, and that most thought an extension would be unlawful. Yet under political pressure from the left, Biden nevertheless ultimately decided to issue the extension.

In other words: SCOTUS wrote words clearly indicating a ban would be illegal. By a technicality (expiration date), they didn't issue an explicit ruling. Biden did it anyway, while admitting he knew it was illegal.

Re:Feds order Google to track people searching certain names... by Spivak on Monday October 25, 2021 @04:18PM (#28992607)
Seems like a good political move though, now the courts actually have to make the administration stop and get all the negative heat from putting people on the street. I mean the supreme law of the land let an order they believed was unconstitutional stand because of their personal moral imperatives and empathy toward renters. Is it really that crazy to shoot your shot and see if they do it again? Like the whole situation is nuts — “I think this is unconstitutional but I’m not going to say so because the law is gonna expire soon.” If that’s really the case then you could rule the other way with a clear conscience since it’s only a few days. Taking a bet that it was a bluff with little downsides if your wrong seems like a no brainer.

And the administration gets to say they did all they could and it’s up to congress now.

Re:Feds order Google to track people searching certain names... by JumpCrisscross on Monday October 25, 2021 @04:27PM (#28992711)
> let a law they believed was unconstitutional

Nobody alleged anything was unconstitutional. The question was whether the CDC exceeded the authority Congress gave it. The Court declined to answer that question when it was first raised. It answered it, definitively, the second time, striking down the moratorium extension.

Re:Feds order Google to track people searching certain names... by Spivak on Monday October 25, 2021 @04:38PM (#28992824)
Right, my only point was that it essentially cost the administration nothing to extend it on the chance that they would decline again or vote differently when it actually mattered.
Re:Feds order Google to track people searching certain names... by RattleyCooper on Monday October 25, 2021 @04:06PM (#28992475)
At least with the eviction moratorium, it was ruled unconstitutional by scotus and biden doubled down and enacted a new illegal eviction moratorium.

Seems like they are kind of picking and choosing what rules they'll follow, and which rights they think people deserve

Re:Feds order Google to track people searching certain names... by mattkrause on Monday October 25, 2021 @05:00PM (#28993062)
No, it wasn't.

The Court originally declined to vacate the stay in a 5-4 decision. The fifth vote was from Kavanaugh, who wrote that he thought the stay should be vacated, but wasn't voting to do so because the moratorium was about to expire anyway. That concurrence is certainly informative, but doesn't override his actual vote to maintain the stay.

The second moratorium was quickly overturned, with Kavanaugh voting this time in accordance with his opinion. In any case, the administration did actually follow that ruling.

This is taken directly from the actual decision (the first round is discussed on page 4): https://www.supremecourt.gov/opinions/20pdf/21a23_ap6c.pdf

[dead]
[dead]
Re:Feds order Google to track people searching certain names... by raxxorrax on Tuesday October 26, 2021 @10:19AM (#29000722)
I don't really understand what Trump did differently, he just was more direct with implementing bad ideas. But surveillance steadily increased under previous presidencies. Government doesn't understand that this mistrust is mirrored by the populous at some point. In a democracy surveillance should be directed towards officials, not the populous. I think it pretty stupid to blame Trump. Yes, he was funny (as a non-American) but certainly not the reason for the structural issues and the split in political camps. A symptom perhaps and a predictable one I believe.
Re:Feds order Google to track people searching certain names... by wayoutthere on Monday October 25, 2021 @08:48PM (#28995135)
Yeah that’s the real bipartisan agenda.
[dead]
Re:Feds order Google to track people searching certain names... by Stupulous on Monday October 25, 2021 @10:18PM (#28995699)
Why didn't he just do that last time?
Re:Feds order Google to track people searching certain names... by stjohnswarts on Tuesday October 26, 2021 @12:09PM (#29002186)
Because he thought that a bunch of rednecks could get it done, and if they didn't, well he had (and has) plausible deniability. He will not make that mistake again if he wins the election in 2024. I think he believed 100% that he could get the Republicans to throw out the electoral college vote and get enough states to declare their elections were fraudulent and get enough electoral votes to win. People can down vote me if they like, but the truth will come out with the Congressional Committee. I don't think it will happen soon enough to keep him off the ballot though.
Re:Feds order Google to track people searching certain names... by Stupulous on Tuesday October 26, 2021 @01:37PM (#29003443)
He thought a few thousand randos with (very generously) a hundred guns and no apparent willingness to use them or kill anybody would be able to overthrow the US Government. And now his plan is to spearhead an actual coup at in 2028, when he's 83. Which is he supposed to be, a totalitarian mastermind or a total buffoon? Dumb enough to attempt a coup with a piddling army, smart enough to avoid any charges for 9 months with the intended victim and his party in power?

And what was his plan if they did violently take over DC? The largest army in the world would just take it back. Don't tell me they would follow his orders, they didn't like him before he started killing US civilians, politicians, and cops.

I guess we'll see what the committee discovers. Apparently, it's your belief that they'll discover nothing of significance in the next three years, but maybe we'll see after.

Re:Feds order Google to track people searching certain names... by vimacs2 on Monday October 25, 2021 @06:09PM (#28993770)
The only objection I have to this post that I have is the notion that there was a democracy there to begin with. Before Julius Caesar attempted (unsuccessfully) to monopolise power in the Old Republic, there was already a ever widening chasm between the farmers that made up the bulk of Roman citizenry and the people in the Senate.

All Caesar had to do was harness this growing discontent of the masses through his fake populism and having undying loyalty in much of the army helped as well.

It took just one generation after Ceasars assassination for the establishment of the Imperium and the dissolution of the Republic.

Trump might or might not be reinstated but the beginning of the end of the American experiment has already been set in motion.

The only way to save it is through a radical reorganisation of power to counter the one to come but the establishment want to keep returning to the supposed Utopia that was in place before Trump - missing the obvious fact that it was their "utopia" that lead to Trump in the first place.

Re:Feds order Google to track people searching certain names... by tshaddox on Monday October 25, 2021 @07:36PM (#28994590)
> The only objection I have to this post that I have is the notion that there was a democracy there to begin with.

Sure, it's probably pointless to try to argue that there was some specific point where it changed from "is a democracy" to "isn't a democracy," or to try to argue that it's "55% a democracy now." The actual point is whether there are important institutions that have weakened or failed, whether there is indication that this will continue, and what the consequences will be.

Re:Feds order Google to track people searching certain names... by edmundsauto on Monday October 25, 2021 @06:23PM (#28993925)
Wasn't there a history of political violence and rabble rousing in Rome for a century or two before Rome? I thought the Imperium cleaned up a lot of the problems that Rome had for a while, at the cost of the democracy (which was really a plutocracy, until populism become more effective).

I could be wrong, since it's been some years.

Re:Feds order Google to track people searching certain names... by vimacs2 on Sunday October 31, 2021 @08:24AM (#29056471)
Yes there was and sure, in the short term the Imperium seemed a good deal - until the wrong person takes the position of emperor which inevitable lead to mass terror and destruction. Something which had happened a number of times in Rome's history.
Re:Feds order Google to track people searching certain names... by ineedasername on Monday October 25, 2021 @11:40PM (#28996154)
What does a "radical reorganization" look like in this case?
Re:Feds order Google to track people searching certain names... by Jensson on Tuesday October 26, 2021 @12:35AM (#28996439)
Dissolution of the US federation.
Re:Feds order Google to track people searching certain names... by vimacs2 on Sunday October 31, 2021 @08:27AM (#29056484)
Yes as well as the republic itself. It's a garbage system designed to keep power out of the grasp of the commons, which only has merit in relation to even worse systems like monarchies or fascism.
Re:Feds order Google to track people searching certain names... by iammisc on Monday October 25, 2021 @09:08PM (#28995229)
This is a rewriting of how terrible the senate was at the time. Caesar took the existing tyranny of the senate and substituted it for tyranny of an emperor.

This is the key that people often miss in this regard. The staggering ROman Republic was hardly a great country.

Re:Feds order Google to track people searching certain names... by vimacs2 on Tuesday October 26, 2021 @11:36AM (#29001703)
The exact same thing could be said for the American Republic. There are millions of people living below the poverty line, a stratified society in both financial and political terms, and widespread racism and sexism.

Also, common to Rome is the notion that they are a special people who deserve dominion over the rest of the world. It might be shrouded in more egalatarian language (cue the exporting "freedom" talk) but barely so.

Re:Feds order Google to track people searching certain names... by wayoutthere on Monday October 25, 2021 @08:56PM (#28995171)
I actually think the American experiment needs to end. What we have was never democracy nor was it meant to be. America was simply a playground for European nobles to send their second and third sons off to either make a fortune or die; then those surviving second and third sons decided to form a government that their families couldn’t claim as their own.

We need a new American experiment that is actually government by the people. One that doesn’t take ownership of other people as a founding principle (but you know, it’s cool because we took it back).

Re:Feds order Google to track people searching certain names... by Stupulous on Monday October 25, 2021 @10:25PM (#28995724)
Slavery existing at the time this country was founded does not make it a founding principle. The only constitutional component of slavery was intended to reduce the power of slave states, and most of the country abolished slavery by 1804.
Re:Feds order Google to track people searching certain names... by wayoutthere on Tuesday October 26, 2021 @07:57AM (#28999261)
The entire structure of the senate is designed to give maximum power to the slave-holding states, and every political decision in the country before the civil war was made with the aim of preserving their power in mind (this counts for the electoral college too).

This is the reason votes in rural areas count so much more than urban votes. Because rural areas in the south were heavily populated by enslaved people and the slavers (meaning not just the title holding slave owners; many people who did not own slaves were still fundamental players in the system of slavery) held a lot of influence.

Re:Feds order Google to track people searching certain names... by Stupulous on Tuesday October 26, 2021 @12:36PM (#29002551)
I think you're confusing cause and effect. The constitution was an agreement between states, and the senate was a compromise to ensure signers would retain power even if their population was dwarfed by other states. It is highly unlikely that it was intended to empower slave states; when it was created, only Massachusetts wasn't a slave state. Same goes for the electoral college.

Also, in 1790 the US was much less urbanized. 5% of people lived in cities (vs 80+% today), and the economy was primarily agricultural. It was not a world in which the rural-urban divide was particularly significant. All states were rural states.

If every political decision in the US before the Civil War was made with the aim of preserving slave state power, why is it the South that left the Union? Couldn't they have just used their power?

I'd like to correct my previous comment. I said that the three-fifths compromise was the only consitutional component of slavery; in fact there were two others. The fugitive slave clause, and a clause forbidding the federal government from restricting the slave trade. I apologize for these errors.

Re:Feds order Google to track people searching certain names... by wayoutthere on Tuesday October 26, 2021 @05:16PM (#29006352)
> If every political decision in the US before the Civil War was made with the aim of preserving slave state power, why is it the South that left the Union? Couldn't they have just used their power?

They left because they were worried about losing their power — the northern population grew much faster than the south, and as the country expanded west most of the settlers were from free states, bringing attitudes about slavery with them. Things had reached a point where even deep compromises couldn’t tip the scales in the slavers’ favor, so the slavers decided to withdraw to attempt to preserve their power.

There were a significant number of northerners who were active abolitionists and not involved in politics. John Brown is an American hero in my mind. Slavery was doomed regardless of the political order, but the political order tried to protect it nonetheless.

Re:Feds order Google to track people searching certain names... by gowld on Monday October 25, 2021 @03:54PM (#28992309)
Your first paragraph contradicts the next two paragraphs.
Re:Feds order Google to track people searching certain names... by UIUC_06 on Monday October 25, 2021 @03:55PM (#28992318)
Would you care to explain that?