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magicalist 4 hours ago

> And both the petitioner and justices seem to agree that ANY data would be then up for grabs by the government (without a warrant) if it is stored in the cloud (including email, docs, photos, calendar, business records, etc).

You must have misheard this as this is not true country wide (see US v Warshak) and in practice the government treats these as needing a warrant because of that and the time requirement in the Stored Communications Act (and any major provider will explicitly refuse handing over content data without a warrant).

Gorsuch in particular thinks the Third Party Doctrine is bullshit and is happy to write that down (like in Carpenter) and today seemed to be trotting that out again (though I only read the beginning of arguments).

fusslo 3 hours ago | parent [-]

No, I did not. Listen for yourself.

Later the same question was put to the government, and they admitted the same: under the government's theory a warrant would not be needed.

magicalist 3 hours ago | parent [-]

I'll wait for the transcript but happy to listen if you have a timestamp.

> Later the same question was put to the government, and they admitted the same: under the government's theory a warrant would not be needed.

You said the opposite:

> Responder says the email, photos, and docs still need a warrant because they're like your thoughts or mail

From Orin Kerr's live tweets (Feigin for DOJ, Unikowsky for Chatrie) of what I believe you were summarizing there:

> Barrett: I'm concerned with your position being maximalist, too. Calendars, photos, email. And monitoring of homes. Are you conceding this would be a search?

> Feigin: Warrant is needed for calendars, photos, email. [OK comments: Virtual lockers]. Not conceding homes.

...

> Finally, Unikowksy rebuttal: We welcome the government's concession as to calendars, photos. But I don't understand how they distinguish that from this.

https://bsky.app/profile/orinkerr.bsky.social/post/3mkigsbw6...

https://xcancel.com/OrinKerr/status/2048793893420875849#m