• themeatbridge@lemmy.world
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    10 months ago

    That headline misses the big problem. It’s not that Google was forced to give up search history data. If Google gets a warrant, they will comply. The real problem is that the justices acknowledged that the warrant was unconstitutional and permitted the evidence anyway. They claim the police “acted in good faith” while violating the constitution, which is a horrifying precedent.

    If you’re thinking “alls well that ends well,” because they caught the arsonists who murdered a family of five, I can sympathize with that feeling, but consider that the murderer may have his conviction overturned on subsequent appeals.

    The police obtained a warrant for everyone who searched for a thing from Google, and the search information was used against the accused in court. 14 states currently outlaw abortion, and there’s some cousin-fucking conservative prosecutor in Dipshit, Alabama, just salivating over the prospect of obtaining the IP addresses of every person looking up directions to clinics.

  • merthyr1831@lemmy.world
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    10 months ago

    “Ahhh gosh oh golly I guess i better comply with this police warrant” says the company that actively engages in one of the largest tax fraud operations in human history.

      • FutileRecipe@lemmy.world
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        10 months ago

        Assuming they’re talking about what most businesses, especially large ones with huge legal resources, do: exploit loopholes to not pay, or pay reduced, taxes.

            • LufyCZ@lemmy.world
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              10 months ago

              From my personal lemmy experience, a lot of people would consider it actual (legal) fraud that’s just not being prosecuted because the perpetrator/s are wealthy.

              • FutileRecipe@lemmy.world
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                10 months ago

                That would depend on if the person were replying to meant actual/legal fraud, or just bad faith fraud. But I’m sure both happen.

                • LufyCZ@lemmy.world
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                  10 months ago

                  In this specific instance, sure, but overall, my bet is on them meaning actual fraud.

  • smeg@feddit.uk
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    10 months ago

    the police acted in good faith, meaning the evidence will be allowed in court despite the warrant being legally flawed

    I have no knowledge (or particular interest) in USA laws, but I guess that judges making this decision is a statement of future intent. I guess if you don’t want to be tracked then don’t use services which track you!

    • _number8_@lemmy.world
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      10 months ago

      this just means the cops can do anything??

      i mean shit i guess they can here anyway, but it’s stunning to see that written down. oh they thought they were doing the right thing? oh that’s fine then

    • yeather@lemmy.ca
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      10 months ago

      In Colorado, until a new law overides the ruling, google must reveal your search history when subpoenaed. This doesn’t affect surrounding states or federal law until their own judges make a ruling or politicians make a law.

      • TWeaK@lemm.ee
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        10 months ago

        The issue here is not that they are required to reveal search history of suspects, the issue is that the police is browsing the search history of everyone in order to find a suspect. That’s not what warrants are for and violates the constitutional rights of nearly everyone they searched.

      • roguetrick@kbin.social
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        10 months ago

        Opposite actually. The court decision says that all future reverse keyword search warrants in Colorado will have their evidence thrown out. This one, however, didn’t have precedent so the police acted in good faith.

  • roguetrick@kbin.social
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    10 months ago

    I am conflicted on how I feel about that. Obviously information dragonets are bad because they’re specifically designed to produce false positives. In this case, however, they produced a definite positive that wouldn’t have been achieved otherwise.

    Edit:

    The good-faith exception to the exclusionary rule provides that “evidence
    obtained in violation of the Fourth Amendment should not be suppressed in
    circumstances where the evidence was obtained by officers acting in objectively
    reasonable reliance on a warrant issued by a detached and neutral magistrate, even
    if that warrant was later determined to be invalid.” Gutierrez, 222 P.3d at 941; see
    also Leftwich, 869 P.2d at 1272 (holding that Colorado’s good-faith exception,
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    codified in section 16-3-308, C.R.S. (2023), is “substantially similar” to the Supreme
    Court’s rule). The exception exists because there is little chance suppression will
    deter police misconduct in cases where the police didn’t know their conduct was
    illegal in the first place. Leon, 468 U.S. at 918–19. In such cases, “the social costs of
    suppression would outweigh any possible deterrent effect.

    But the good-faith analysis in Gutierrez is distinguishable. True, we held
    there that the good-faith exception did not apply, but we had already recognized
    that individuals have a reasonable expectation of privacy in their financial records
    when Gutierrez was decided. Id. at 933 (citing numerous cases and statutes
    establishing that an individual’s financial records are protected under Colorado
    law). So, the police were on notice that a nexus was required between a crime and
    Gutierrez’s individual tax records. See id.

    38
    ¶70 By contrast, until today, no court had established that individuals have a
    constitutionally protected privacy interest in their Google search history. Cf.
    Commonwealth v. Kurtz, 294 A.3d 509, 522 (Pa. Super. Ct. 2023) (holding that, under
    the third-party doctrine, the defendant did not have a reasonable expectation of
    privacy in his search history). In the absence of precedent explicitly establishing
    that an individual’s Google search history is constitutionally protected, DPD had
    no reason to know that it might have needed to demonstrate a connection between
    the alleged crime and Seymour’s individual Google account.

    In essence, the court is saying that this is the one and only time this will be allowed in Colorado.

    https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA12.pdf

    • snooggums@kbin.social
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      10 months ago

      The obvious potential harm in general outweighs the positive outcome in a specific case. Justifying broad surveillance because it works occasionally is the road to a police state.

    • uniqueid198x@lemmy.dbzer0.com
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      10 months ago

      The entire exeption, and the broader exclusionary rule, is based around the self-evidently incorrect assumption that what happens in court will effect behaviour of investigators.

  • TherouxSonfeir@lemm.ee
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    10 months ago

    search warrant that required Google to provide the IP addresses of anyone who had searched for the address of a home within the previous 15 days of it being set on fire

    I’m fine with this. It’s specific to an actual crime that happened, and not targeting a known individual or preventing something that hasn’t happened yet, “for the children” or some nonsense like that.

    • TWeaK@lemm.ee
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      10 months ago

      It wasn’t specific to an individual criminal, though. Police aren’t allowed to get warrants for fishing expeditions, they’re supposed to find leads themselves and then get a concise warrant to evidence to confirm that. They searched people they had no right to search, and violated their constitutional rights.

      • TherouxSonfeir@lemm.ee
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        10 months ago

        It wasn’t specific to the fire? Like, whoever googled the address is a suspect. That’s a pretty good way to solve a crime.

        • rgb3x3@beehaw.org
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          10 months ago

          Would you still feel the same way if the DMV was set on fire and you were a suspect because you’d searched for directions to the place?

          Or if you had searched that home address because you were looking for homes in the area to compare with what you wanted?

          It shouldn’t be enough to make a Google search to assume an individual is a suspect in a crime.

          • TWeaK@lemm.ee
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            10 months ago

            Yes exactly. This story has echos of the guy who was hounded by police (and maybe even charged and convicted?) because he took a different route while cycling and rode past a house where a crime was committed. That, too, was Google.

    • FutileRecipe@lemmy.world
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      10 months ago

      You’re fine with not targeting an individual and using blanket warrants instead? Even a judge said it was unconstitutional due to it not being individualized, and the EFF says it can implicate innocents. Even Google, who tracks and collects most everything, was reluctant to hand it over.

      Sure, this reinvigorated the case, but it has an “ends justify the means” feel to it, which is a slippery slope. But you’re actively endorsing a less privacy friendly stance than Google, of all things. That blows my mind.

      • TherouxSonfeir@lemm.ee
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        10 months ago

        Everything must blow your mind. This is like going to a hotel and asking to see a list of people who stayed in the hotel last week because the suspect is probably staying nearby. Sounds like a pretty good way to get leads without asking for too much info.

        Figuring out who searched for the address where the crime happened actually just sounds like good police work

        • FutileRecipe@lemmy.world
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          10 months ago

          Everything must blow your mind.

          Just people in a privacy community advocating for even less privacy than Google, who is decidedly anti-privacy, wants. The company who detests privacy and wants to collect data on everyone said, “this might be private and we shouldn’t go with it,” and you go “nope, it’s not, give it over?” I feel like Google is a very low bar to pass for privacy, and you still tripped on it.

          So yes, no matter how much I experience in the world, people advocating for being taken advantage of or having their rights violated (which is what’s happening here) blows my mind, despite running into it semi-constantly.

    • Showroom7561@lemmy.ca
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      10 months ago

      Yeah, it’s a specific enough request that I don’t see any problem here.

      Although, why the IP address? I would imagine most people using Google products would be logged into Google accounts. They’d probably know the exact account who made the search, rather than a vague IP that could belong to multiple people in.

      • TherouxSonfeir@lemm.ee
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        10 months ago

        Well, sometimes I google but I don’t have an account. And if I did, it wouldn’t have my real info.

        • Showroom7561@lemmy.ca
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          10 months ago

          Fair enough. I don’t think it’s common for someone to be doing Google searches without having an account linked to other services, though.

          Anyone using YouTube, Gmail, etc. would be logged in.

          And everyone with an android phone who uses google search would very likely be linked to an account, for example.

          I just thought it would cut to the chase for Google to provide account holder info and not just IP addresses.

          Then again, the arsonists could have very well used any of the other search engines to look up the address. So… maybe police aren’t aware that other search options exist.

          • TherouxSonfeir@lemm.ee
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            10 months ago

            It’s a shot in the dark for sure, but if it did have a hit, that’s probably the arsonist.

  • Clent@lemmy.world
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    10 months ago

    Forced? Not at all. Google happily complied.

    Stop using Google products, people. There are alternatives for every service they offer. They haven’t invented anything new in over a decade

    • AlecSadler@sh.itjust.works
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      10 months ago

      Is there a good alternative, maybe locally hosted, for location history?

      While I’ve recently disabled it for Google, it actually was helpful for going back in time and remembering where I was on X day, on numerous occasions. Would be cool if there was a locally hosted, open source alternative.

  • Schwim Dandy@reddthat.com
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    10 months ago

    I always use Google anonymously as I always find alternative search engines to be lacking. Even without personalized search results, Google always works better for me.

      • theneverfox@pawb.social
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        10 months ago

        I’ve been using duck duck go for a while, and I’ve got a fresh Linux install on another machine I’m using as a server and I went to look something up. I was 2 pages in, thinking “ddg isn’t great, but this is ridiculous”, and I remembered i was on Google

        Google has seriously fallen off lately