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Re:As encryption spreads, U.S. grapples with clash between p... by ctdonath on Saturday April 11, 2015 @06:04PM (#9361029)
Nonetheless, the American Founding Fathers recognized the core problem and addressed it in a clear comprehensive manner: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." In no way could that be construed as permitting federal requirement that personal communications & records be arbitrarily accessible by law enforcement agents on a "fishing expedition".
Re:As encryption spreads, U.S. grapples with clash between p... by csandreasen on Saturday April 11, 2015 @06:59PM (#9361165)
No, but it could be construed as permitting federal requirement that personal communications & records be accessible by law enforcement agents who have been issued a warrant based upon probable cause and describing the place to be searched and the persons or things to be seized.
Re:As encryption spreads, U.S. grapples with clash between p... by ctdonath on Saturday April 11, 2015 @09:41PM (#9361672)
Disagree. They understood encryption, and enumerated rights to free speech and not testifying against oneself. Warrants empower government agents to acquire information, but not compel the accused to explain it.