In a decision that digital rights advocates called "a groundbreaking victory for Americans' privacy rights," the U.S. Supreme Court ruled on Friday that police generally must obtain a warrant before collecting cellphone records that can be used to track a person's movements.
Loophole #1 (Big enough to float an over-priced aircraft carrier through:
The narrow ruling, Roberts noted, does not apply to “other business records that might incidentally reveal location information” or “other collection techniques involving foreign affairs or national security.” He added that warrantless searches still may be conducted under "exigent circumstances."
Loophole #2: Almost any case can be labeled a “terrorist” or “national security” case and can be sent to secret FISA courts.
Loophole #3: The NSA is exempt from this ruling and sweeps up (or attempts to) ALL electronic data on everybody all the time.
While it’s great for the ACLU to push back against the beast, we should not be deluded that this ruling is anything other than a one-off. For it to have precedential meaning, the U.S. would have be a nation of laws that respects its own Constitution, its courts and International Law (which subsumes national law by way of the treaty provisions of the Constitution).
The oligarchs, plutocrats and corporations that rule the U.S. through the Duopoly Party respect nothing but (their own) money and power. If the laws support them in that, they go along. If not, they do what they want and will continue to do so until people organize greater power to fend them off and eventually remove them.
Without 14th Amendment clarifications and fully addressing the abuses of “criminalization” as instrument of abuse since 9/11, this is theater. Like so much of US theater, you get a seat if you can afford the ticket. You can’t buy the ticket on an “open market” because the latter is no longer.
Ah yes, the mold on the crumbs to grandma’s house are beginning to set set up a stench that cannot be ignored. Fortunately, so far they don’t glow in the dark.
Exactly. It’s like criminalization of “illegal” immigrants. They are given criminal status when entering the country and then are criminals for life, subject to deportation at the whim of ICE and other cops, whether they are from the OB Era of Repression or that of Treasonous Trump the Hump.
Also doesn’t address the situation of the service providers voluntarily giving you’re info to police. AT&T does this all the time.
Yup. Yup. Yup.