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Returning from vacation? The government can search your phone without a warrant

411 points · 378 comments · rbanffy

  1. tantalor · · focus · HN ↗
    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    It's self explanatory.

    1. wat10000 · · focus · HN ↗
      I’m always confused when people say this. It’s vague as heck! That one little word in there, “unreasonable,” makes it completely up for interpretation.
      1. bad_haircut72 · · focus · HN ↗
        Do you think this is a reasonable use of power?
        1. ceejayoz · · focus · HN ↗
          Plenty will say yes. We know this.

          One of the Constitution's big failings is this sort of thing; deeply vague wording. What counts as interstate commerce? What counts as reasonable? What's considered press activity? What's considered illegal speech?

          If you were writing a new one today, you'd define some stuff more.

          1. goatlover · · focus · HN ↗
            That's what lawyers and judges are for. To argue over and interpret the meaning of laws, regulations, contracts, constitutions. It's all human wording and concepts, which are not deterministic, one-time interpretable things that a compiler would understand. They have to be understood in context of legal history and contemporary culture.

            The law isn't computer science as much as Silicon Valley would like to make it so.

            1. ceejayoz · · focus · HN ↗
              > That's what lawyers and judges are for. To argue over and interpret the meaning of laws, regulations, contracts, constitutions.

              That doesn't mean we can't learn from mistakes and make certain things clearer.

              I think the Founding Fathers would've had some thoughts on Flock cameras and Facebook.

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