this post was submitted on 18 Oct 2023
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[–] themeatbridge 293 points 8 months ago (2 children)

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.

[–] Touching_Grass 32 points 8 months ago (1 children)

I wonder how many companies like Cambridge analytica or TPUSA just have access to these. It wouldn't surprise me if there's some social engineering dark arts underground of pretending to be police and getting this data to study

[–] [email protected] 15 points 8 months ago* (last edited 8 months ago) (1 children)

Not long after Dobbs, someone posted a guide on r/WitchesVsPatriarchy on how to securely find* this information without opening yourself up to potential harm. Terrifying that that’s even a thing that needs to exist.

[–] [email protected] 8 points 8 months ago (1 children)

Lemmy needs a witches vs patriarchy- or is there one already? Im too lazy to check rn

[–] [email protected] 8 points 8 months ago (1 children)

Cool, I'm too lazy to answer!

[–] [email protected] 5 points 8 months ago (3 children)

Damn. Guess I'll just have to live in ignorance. (Clearly there's no other choice)

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[–] Clent 45 points 8 months ago (19 children)

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

[–] [email protected] 6 points 8 months ago (1 children)

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.

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[–] merthyr1831 44 points 8 months ago (1 children)

"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.

[–] cybersandwich 7 points 8 months ago (1 children)

Tax fraud? What am I missing?

[–] FutileRecipe 3 points 8 months ago (5 children)

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.

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[–] nolannice 36 points 8 months ago (1 children)

Never ask Google a question you wouldn't also ask the feds!

[–] bappity 35 points 8 months ago

Never ask Google a question. ~~you wouldn't also ask the feds!~~

FTFY

[–] [email protected] 31 points 8 months ago (2 children)

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_ 36 points 8 months ago (3 children)

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

[–] [email protected] 18 points 8 months ago

Even worse, the court said what they did was wrong but they get to use the result anyway.

[–] Touching_Grass 12 points 8 months ago

Over a decade ago they had devices called "sting ray" that act like antenna. It captures all text messages in the area.

https://www.aclu.org/issues/privacy-technology/surveillance-technologies/stingray-tracking-devices-whos-got-them

[–] [email protected] 3 points 8 months ago

It's called qualified immunity.

The idea is that if a police officer accidentally violates someone's rights while trying to do their job and wasn't aware they are not at fault.

It's not a law but the result of a court case. Many of us want a law passed to remove it.

[–] [email protected] 5 points 8 months ago (2 children)

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.

[–] [email protected] 19 points 8 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.

[–] [email protected] 7 points 8 months ago* (last edited 8 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.

[–] [email protected] 9 points 8 months ago* (last edited 8 months ago) (2 children)

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,
35
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

[–] [email protected] 11 points 8 months ago (1 children)

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.

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[–] [email protected] 3 points 8 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.

[–] [email protected] 7 points 8 months ago (6 children)

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.

[–] [email protected] 22 points 8 months ago (1 children)

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.

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[–] FutileRecipe 20 points 8 months ago (18 children)

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.

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[–] [email protected] 6 points 8 months ago

Another reason to use VPN/Tor.

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