Re:Google handed over years of e-mails belonging to WikiLeak...
by betterunix on Sunday June 23, 2013 @06:36PM
(#5929850)
"If you printed out every letter you've ever sent to someone and put it in a filing cabinet, it would be totally fair game for a warrant to get the contents of the filing cabinet"
Except that people do not typically do that, and it is reasonable to expect that a filing cabinet will contain only important or current documents. With GMail, you typically see personal messages that date back years, probably long before whatever crime the person is suspected of.
"The problem is the amount of information consolidation modern technology enables and encourages."
I think for once, we might agree. The relevant laws were written with a very different model of communication in mind.
Re:Google handed over years of e-mails belonging to WikiLeak...
by Zigurd on Monday June 24, 2013 @12:13PM
(#5933856)
How is "everything in the computer" different from "everything in the house?" Or are we now writing search warrants for "everything in the house?"
Re:Google handed over years of e-mails belonging to WikiLeak...
by rayiner on Monday June 24, 2013 @03:00PM
(#5934926)
Because a computer is a small self-contained thing that you can often fit in a bag? That's my point about information consolidation: the law is rooted in the physical (and necessarily so). You can wax philosophical about "virtual spaces" but at the end of the day a hard drive is a small physical object that is treated the same as any other small physical object.
Re:Google handed over years of e-mails belonging to WikiLeak...
by Zigurd on Monday June 24, 2013 @05:18PM
(#5935754)
You are evading the question: "Everything in the house" is obviously not specific enough. And here is where the evasion comes in: The problem is not the size of the container. Does a search warrant even ask you to describe the container? No. It asks you to describe the thing to be seized.
If H&R Block had Whitey Bulger's tax returns, would the warrant be required to describe those documents, or, would all of the small, baggable disk drives at their data center be subject to seizure?
In this case, the problem is not investigators overreaching the law. The problem is the amount of information consolidation modern technology enables and encourages.