THENATIONALPULSE (Joel Thayer) - THAYER: Congress Actually Has a Bipartisan Fix to Government Data Overreach. Here It Is…
The concept of privacy is foundational to America. Indeed, the Fourth Amendment prevents unlawful searches and seizures. The Fifth Amendment prevents self-incrimination. The First Amendment prevents the government from compelling Americans from making disclosures. Some places, like Montana, explicitly list the right to privacy in their state constitutions.But in the digital age, the lines on […]
The concept of privacy is foundational to America. Indeed, the Fourth Amendment prevents unlawful searches and seizures. The Fifth Amendment prevents self-incrimination. The First Amendment prevents the government from compelling Americans from making disclosures. Some places, like Montana, explicitly list the right to privacy in their state constitutions. But in the digital age , the lines on what constitutes a warrantless search continue to blur. Under current law, section 2705(b) of the Stored Communications Act (SCA) allows the government to impose a “gag” order on tech companies when they want to access your data . Worse, the procedure is entirely ex parte (one sided, private conversations) and under seal. The customer has no…Open