| ▲ | Detrytus 6 hours ago | |
You cannot do a parallel construction if the telecom operator refuses to share data with you in the first place. And if SCOTUS makes the right decision here they will have legal grounds to refuse. | ||
| ▲ | mothballed 3 hours ago | parent [-] | |
Again, I hope your position here is something more than 'largely academic.' Optimistically it may be, history tells us AT&T Mobile, T-mobile, Verizon, etc (pretty much all the major carriers except perhaps Dish) have been caught selling data for a buck and have still only pledged not to sell to agreggators (not law enforcement). There is incontrovertible evidence major carriers are ready and willing, and indeed have sold this to patrons they can profit from. In theory your comment may be a rebuttal to the 'largely academic' assertion I made, in practice it's largely a distinction without much difference. Your rebuttal is a pretty remarkable, eccentric claim in the context of the vast majority of telcos that will share the data for a profit (as I put it, 'profit from the patronage [of the police]'). Whether the request comes in the form of a warrant -- again -- largely academic in such case. Your assertion requires some strong data to overcome the evidence to the contrary, if it is intended as a rebuttal. It's also worth noting illegally executed warrants don't stop you from getting the data. I've had cops force a hospital to search me before, then get the warrant actually signed after they did it. It didn't stop the hospital from executing the warrant, it just means they evidence couldn't be directly used against me. That's another lever they have, illegally execute a warrant, get the evidence they can't use in court, then parallel construction. Sure your lawyer can argue "the fruits of this warrant have to be tossed out" but it doesn't mean dick -- they already secretly used it to get other evidence that won't be tossed out. | ||