Preferences

RcouF1uZ4gsC parent
""Proposed Intervenor does not explain how a court’s document retention order that directs the preservation, segregation, and retention of certain privately held data by a private company for the limited purposes of litigation is, or could be, a 'nationwide mass surveillance program,'" Wang wrote. "It is not. The judiciary is not a law enforcement agency.""

This is a horrible view of privacy.

This gives unlimited ability for judges to violate the privacy rights of people while stating they are not law enforcement.

For example, if the New York Times sues that people using an a no scripts addin, are bypassing its paywall, can a judge require that the addin collect and retain all sites visited by all its users and then say its ok because the judiciary is not a law enforcement agency?


Analemma_
> This gives unlimited ability for judges to violate the privacy rights of people while stating they are not law enforcement.

See my comment above in reply to aydyn: in general, "privacy rights" do not exist in American law, and as such the judge is violating nothing.

People are always surprised to learn this, but it's the truth. There's the Fourth Amendment, but courts have consistently interpreted that very narrowly to mean your personal effects in your possession are secure against seizure specifically by the government. It does not apply to data you give to third-parties, under the third-party doctrine. There are also various laws granting privacy rights in specific domains, but those only apply to the extent of the law in question; there is no constitutional right to privacy and no broad law granting it either.

Until that situation changes, you probably shouldn't use the term "privacy rights" in the context of American law: since those don't really exist, you'll just end up confusing yourself and others.

lovich
You don’t have privacy rights once you hand over your data to a third party.

This isn’t a new issue OpenAI is forcing the courts to wrestle with for the first time.

This item has no comments currently.