Re:The US Is Openly Stockpiling Dirt on All Its Citizens
by nobody9999 on Monday June 12, 2023 @06:19PM
(#36302084)
>In theory, the data was provided willingly when collected.
That's spot on, and your analogy is a good one, except that in the realm of personal information, no warrant is required in the US.
There is quite a bit of law and numerous court decisions around this process in the US.
That jurisprudence is more generally called the Third-Party Doctrine[0]:
The third-party doctrine is a United States legal doctrine that holds that
people who voluntarily give information to third parties—such as banks, phone
companies, internet service providers (ISPs), and e-mail servers—have "no
reasonable expectation of privacy" in that information. A lack of privacy
protection allows the United States government to obtain information from
third parties without a legal warrant and without otherwise complying with
the Fourth Amendment prohibition against search and seizure without probable
cause and a judicial search warrant.[1]
Edit: To clarify, I disagree with this doctrine and would love to see limitations on data retention periods as well as warrant requirements for access to such data.
That's spot on, and your analogy is a good one, except that in the realm of personal information, no warrant is required in the US.
There is quite a bit of law and numerous court decisions around this process in the US.
That jurisprudence is more generally called the Third-Party Doctrine[0]:
[0] https://en.wikipedia.org/wiki/Third-party_doctrineEdit: To clarify, I disagree with this doctrine and would love to see limitations on data retention periods as well as warrant requirements for access to such data.