Judge Rejects Defense That FBI Illegally Hacked Silk Road, on a Technicality

Re:Judge Rejects Defense That FBI Illegally Hacked Silk Road... by ewoodrich on Friday October 10, 2014 @07:07PM (#8440508)

So for one example, if you sign up to gmail or Facebook using anything other than your real name, they can break it, conduct a search and then whatever they find is totally admissible in court just because they didn't know who it belonged to?

Based on the third-party doctrine and United States v. Graham [1], even if you used your real name, you would not enjoy 4th amendment protection of data stored on an outside company's server (they would be protected, though).

It's fairly well established by the Court that there is no "reasonable expectation of privacy" for information disclosed voluntarily to a third party, as with your Gmail example.

[1] http://en.wikipedia.org/wiki/United_States_v._Graham

[ Parent | on HN ]

Re:Judge Rejects Defense That FBI Illegally Hacked Silk Road... by lucaspiller on Saturday October 11, 2014 @12:48PM (#8442608)

Would the same apply to a server I rent? If not, how is that different from paying for Gmail?

[ Parent | on HN ]