Re:If You Used TorMail, the FBI Has Your Inbox
by thrownaway2424 on Monday January 27, 2014 @09:40AM
(#7130451)
The thing is the enforcement mechanism against unreasonable search is the state loses at court. If the state never brings a case they have more freedom. This is also the reason why the police need not advise you of your rights before interrogating you if they don't plan to charge you.
If the feds bring unrelated cases based on these seizures I'm sure the admissibility of the evidence will be the main thing being argued in court.
Re:If You Used TorMail, the FBI Has Your Inbox
by nitrogen on Monday January 27, 2014 @10:21AM
(#7130710)
It's just as likely that the questionably sourced information will be used to guide a parallel construction case.
Re:If You Used TorMail, the FBI Has Your Inbox
by thrownaway2424 on Monday January 27, 2014 @10:36AM
(#7130812)
Great, so you've read a blog and you learned a word. Good for you. There's still no civil opportunity to challenge government behavior in a vacuum. Article III Section 2 requires a "case or controversy."
Re:If You Used TorMail, the FBI Has Your Inbox
by jessaustin on Monday January 27, 2014 @02:37PM
(#7132602)
You're trying to have it both ways. Maybe we shouldn't worry about parallel construction because it's harmless and would never send any of us to prison, and maybe we shouldn't worry about it because there's nothing we can do to stop a determined governmental bad actor, but you can't claim both, clearly contradictory, propositions in the same thread.
Re:If You Used TorMail, the FBI Has Your Inbox
by dopamean on Monday January 27, 2014 @09:22AM
(#7130375)
The point is that FBI cases go to court. You're not going to be prosecuted in a US court for something that was legal when you did it and illegal when it was found out.
So is warrant-less wiretapping, but that didn't stop NSA.