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View Diary: White House blasts amendment curtailing the NSA's power (175 comments)

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  •  You did not address my points. There is the (0+ / 0-)

    meta-data and there is the data. I would agree that no one expects privacy over the meta-data. But there IS this expectation on the actual data that the meta-data references.

    If the actual data is saved in binary form on a computer but not accessed by a human, ie not read or listened to, without a court order, does that or does that not infringe on the Fourth Amendment?

    So my question remains: Can you define "no one is reading/listening"? The Fourth Amendment needs to be redefined in light of today's technology. Otherwise the state (Obama) can say with certainty that "No one is reading or listening" even though the material has been saved for future reference.

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