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To: Izzy Dunne
officials there have “theorized that the Fourth Amendment does not apply” when investigators “algorithmically constrain the information that they retrieve from a hacked device, ensuring they receive only data that is — in isolation — constitutionally unprotected,” such as a name. Sometimes the FBI deploys malware on a device in order to find out who it belongs to.

Oh, good - they're "algorithmically constrained".

I was worried for a minute there...

6 posted on 09/29/2015 6:24:19 AM PDT by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: Izzy Dunne

It would be impossible to “algorithmically constrain” something without decrypting it first. As such, decrypting the data is a violation of 4th amendment protections unless the person willingly gave up a certificate, password, private key, hash, etc. Once it’s open, the data therein is fair game.

This is like saying that the police can’t arrest you for the dead bodies in your living room because the warrant says they were there to confiscate drug paraphrenalia.


9 posted on 09/29/2015 6:34:07 AM PDT by rarestia (It's time to water the Tree of Liberty.)
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