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Murder investigation method (Read 125 times)
Eegore
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Re: Murder investigation method
Reply #15 - 10/14/21 at 11:41:27
 
I think what you’re talking about is the expectation of privacy. Driving on a public road doesn’t carry an expectation of privacy. Right now anyway, internet searches and websites should carry some amount of an expectation of privacy.


 I agree with the expectation of privacy however I never really thought of my internet activities to be private since they require outside resources to be usable.  I use Comcast services so my assumption is that they have access to everything I am doing since it passes through their network, unless I take significant steps to hide it.  

 I can see where some concerns of 4th Amendment issues arise if one thinks their internet activity is private.  Of course this would have to be personally purchased internet versus Public or Work internet usage.  For instance if I search p0rn at work, I would get fired.  They, since I am on their network, can look at everything I do online.  So in theory if I search someone's address at work I should not expect that to be my private search.

 Taking expectation of privacy into account should, with a warrant, law enforcement be able to analyze public wifi and business internet searches?  
 
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Re: Murder investigation method
Reply #16 - 10/15/21 at 13:27:52
 
I would not imagine public assessable Internet services are private but I would expect privately paid for Internet services are private. Private in the sense that it would require a warrant for search.

I expect my private phone calls to be just that private. But I would be suspicious of a payphone, assuming you could find one. I expect my cell phone calls to be private although I fully understand how far easier to snag out of the airstream but nonetheless, from the government point of view, I expect them to be private.

And certainly  a company has the right to restrict Internet usage on company time or company property. That makes sense and I don’t object to that. When I wanna look at porn online, I hack into Serowbot’s computer and use that.
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Eegore
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Re: Murder investigation method
Reply #17 - 10/15/21 at 14:27:09
 
I would not imagine public assessable Internet services are private but I would expect privately paid for Internet services are private. Private in the sense that it would require a warrant for search.

 
 I agree.  My question specifically is not searching "Suspect A's" internet activity but doing a blanket search looking for any searches that have the address of the victim etc.


I expect my private phone calls to be just that private. But I would be suspicious of a payphone, assuming you could find one. I expect my cell phone calls to be private although I fully understand how far easier to snag out of the airstream but nonetheless, from the government point of view, I expect them to be private.


 My understanding is that law enforcement needs a warrant to listen to the actual conversation, but no warrant is required to access what numbers you dialed and the duration of those calls.

 So in parallel I would say law enforcement could see if you use the internet but not the content, unless they had a warrant.  But where does search content fit it?  Is it the equivalent of the words used in a phone call?

 Looking at emails, law enforcement needs a warrant to get unopened emails that are less than 180 days old, however they can obtain opened email as well as unopened emails that are at least 180 days old with only a subpoena as long as they notify the person whose email they've requested.  But they can't just run a blanket search, from what I know, across all emails in a "cloud" to search for specific words.


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Re: Murder investigation method
Reply #18 - 10/15/21 at 15:33:06
 
WebsterMark wrote on 10/15/21 at 13:27:52:
IWhen I wanna look at porn online, I hack into Serowbot’s computer and use that.

Yer' welcome...  Grin
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Ludicrous Speed !... ... Huh...
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MnSpring
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Re: Murder investigation method
Reply #19 - 10/15/21 at 16:17:17
 
Eegore wrote on 10/15/21 at 14:27:09:
.
...  My understanding is that law enforcement needs a warrant to listen to the actual conversation,
...    But they can't just run a blanket search, from what I know, across all emails in a "cloud" to search for specific words.


Yet a civilian can, listen, record, use, something which most people believe is private.
And which the developers of, Siri/Axexa/or like, say cannot happen,
is perfectly OK ?

Eegore wrote on 05/11/21 at 20:13:22:
" ...
 If you tell me the station and channel where it was broadcast I can have an AI search run.  
I find all kinds of stuff that was only broadcast once
and is sitting in recorded files off Alexa and other in home smart systems.

... "





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Ben Franklin once said: "If you give up a freedom, for the sake of security, you will have neither".
Which is More TRUE, today, than yesterday.('06, S-40, Stock) well, mostly .
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Eegore
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Re: Murder investigation method
Reply #20 - 10/15/21 at 16:35:26
 

Yet a civilian can, listen, record, use, something which most people believe is private.
And which the developers of, Siri/Axexa/or like, say cannot happen,
is perfectly OK ?



 You can elect to disclose information recorded on those devices.
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MnSpring
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Re: Murder investigation method
Reply #21 - 10/15/21 at 17:43:06
 
Eegore wrote on 10/15/21 at 16:35:26:
 You can elect to disclose information recorded on those devices.  


Having never set up one of those devices, (Axexa/Siri/etc)

I did not know part of questions asked were;
‘Do you want to have the recording
 of everything you and anyone else says,
   made available to anyone,
     for any purpose’

(or something like that)

How convenient.
No need for a warrant.


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Ben Franklin once said: "If you give up a freedom, for the sake of security, you will have neither".
Which is More TRUE, today, than yesterday.('06, S-40, Stock) well, mostly .
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WebsterMark
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Re: Murder investigation method
Reply #22 - 10/17/21 at 04:50:55
 
My understanding is that law enforcement needs a warrant to listen to the actual conversation, but no warrant is required to access what numbers you dialed and the duration of those calls..

Is that true?
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Eegore
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Re: Murder investigation method
Reply #23 - 10/17/21 at 12:13:04
 
"Is that true?"


 Yes.  Smith v Maryland ruled that Fourth Amendment protection against "unreasonable search and seizure" doesn't apply to a list of phone numbers you dialed or dialed you.

https://caselaw.findlaw.com/us-supreme-court/442/735.html


 The The Electronic Communications Privacy Act allows this as well.  So law enforcement can't listen to the content of a conversation without a warrant, but they can get a list in real-time of all your calls and durations as long as they can show they are relevant to the investigation.


 So with internet searches, is the search content equal to phone call speech?  Or texts?  Should they be able to see what you searched but not what you looked at?  Should they only be able to know you use the internet but not why?

 It's harder than it sounds to make solid comparisons to emails, texts, phones, internet unless we just say it is all always private and nobody can ever know what I use my phone/internet for.  That of course leverages everything towards easing criminal conduct.
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WebsterMark
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Re: Murder investigation method
Reply #24 - 10/18/21 at 04:56:48
 
Didn’t know that.
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