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this post was submitted on 23 Oct 2024
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This is not an area of law I stay up to date on, but that did not used to be the case. Is that a rather new development?
Last I knew most courts were holding that since customers are sharing this information with third parties (sharing with their phone companies, Apple and Google, Facebook, etc.), giving everything away anyway, most individuals have waived any claim to an expectation of privacy. The right to privacy is founded upon reasonable expectations. I did hear about some pushback on that, more recently, but not from the Court of Appeals from DC, which has jurisdiction over appeals taken from federal agencies, prior to the Supreme Court. I'd be grateful to be shown otherwise. About time, if true.
Yeah I should have been more clear. That's the way it should work. Instead the courts interpret the 4th amendment as narrowly as possible. Making it effectively non-existent in many cases.