Call Yourself A Hacker, Lose Your 4th Amendment Rights

Re:Call Yourself A Hacker, Lose Your 4th Amendment Rights by reginaldjcooper on Wednesday October 23, 2013 @02:03AM (#6597182)

So it's actually "receive a warrant, lose your 4th Amendment rights". Uh, yeah, obviously, that's what we want, reasonable search and seizure.

tptacek thanks for being the voice of reason in these infosec law threads.

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Re:Call Yourself A Hacker, Lose Your 4th Amendment Rights by tptacek on Wednesday October 23, 2013 @01:58PM (#6600451)

Is it even a warrant? A warrant authorizes law enforcement to search a person/place/thing for evidence. A discovery order is a demand for a specific piece of evidence. Nobody is "searching"; the court knows exactly what it wants --- the whole hard drive image.

Remember in the Netscape vs. Microsoft case, when the contents of Jamie Zawinsky's "Really Bad Ideas" mailing list were released? That was because of a discovery order demanding Netscape's email spools.

It's for exactly this reason that large companies have specific policies about document retention.

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