[tor-talk] Authority Search and 4th Amendment

[tortalk@xxxxxxxx]

Hello Toruser,

you may be interested in reading this article:
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/10/07/remotely-accessing-an-ip-address-inside-a-target-computer-is-a-search
"First, several readers pointed out that the government actually has made this argument. You can read the government’s argument here in the Michaud case (pages 6-7) and here in the Lemus case (pages 8-12). My apologies for the misstatement, and thanks to reader Jonathan Mayer for sending on the briefs.

Second, some readers argued that a Tor user loses a reasonable expectation of privacy in IP addresses because the user must disclose his true IP address to Tor. This is essentially the argument the government (briefly) makes in Michaud: By using Tor, you are sending your IP address to Tor, which is ultimately hosted by “an unknowable collection of strangers” who are running Tor exit nodes. You have put out your IP address to lots of people, which means that you have no expectation of privacy in it.
[...]
But if the police fail in their efforts, and the only way they can get the information is by accessing a Fourth-Amendment-protected space, then accessing that space is a search."

I doubt there is such a law for whistleblower, terrorists, "copyright infringer" and (Tor) user. While the whistleblower and "copyright infringer" e. g. him, him, him and hers have the same prosecutor, confirmed by him, him and kim, some laws didn't apply to US authorities and their contractors and some laws only have to be complied by US (law) fugitives on some lists they never know they are life long at.

Aloha,
Toruser
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