Tuesday, January 19, 2010

Do You Have Any Legal Right To Privacy For Information Stored Online? | Techdirt

Do You Have Any Legal Right To Privacy For Information Stored Online? | Techdirt: "A year and a half ago, we had an interesting discussion here about whether or not the Fourth Amendment and your right to privacy extended to information you stored online via any sort of 'cloud' service. The arguments basically fell into two camps, with some citing the 'third party doctrine,' which basically says that once you gave up info to a third party, you no longer have any right to expect it to be kept private. This argument came from a lawsuit (Smith v. Maryland) that basically said phone numbers you dialed were not 'secret' because you were supplying them to the phone company. Of course, the other side of that argument is that it's ridiculous to extend this concept to online storage, noting that the Supreme Court had recognized in the Katz case (about wiretapping public pay phones) that the Fourth Amendment applies to 'people, not places.'"

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