Its been months and some of you are still worried about privacy?

#1whitelytningPosted 10/13/2013 2:56:09 PM
**Warning** You will find intelligent discussion in this thread. **Warning**

I realize most of you are smart enough to understand basic privacy rights and how things work and most of this thread will be old but its also clear that some of you still don't. I'm not sure if you just refuse at accept basic truths or actually don't know. I read an article this weekend by a professor I used to have about 4th amendment protection and how modern technology is making modern 4th amendment case law problematic and ill fit to govern the real life. In the article he talked about how pervasive modern technology can be and the problems it causes in determining the limits to government intrusion in our homes. It gave a good background of privacy as it relates to technology and made me want to make this thread.

Here are the basics.

-- The fourth amendment protects people from unreasonable searches and seizures by the government. This means for the 4th amendment to apply, the search or seizure has to be (1) unreasonable, and (2) by the government (not individual people or private parties).
-- Anything that can be seen or heard by an ordinary observer or that is placed in the public is not protected. The case law is clear that we do not have a reasonable expectation of privacy over information that can be observed in the public and therefore the search is not unreasonable.
-- The "third party doctrine" which has developed says that government use of information voluntarily given to third parties is a reasonable search and not prohibited by the 4th Amendment. Case law is also very clear here, we do not have a reasonable expectation of privacy over information given to third parties so a search is not unreasonable.

If we apply these basic elements of privacy protection to the xbox 1 you see that you don't have the privacy over the information in the way some of you think you do. Any information you give to MS (or any other company) regarding yourself is outside of the fourth amendment protection and can be obtained by the government in any legal manner. Anything you put or say on Xbox live would be considered to be in public and you would not have privacy rights to that information. The kinect simply changes the amount and kind of data that is stored but doesn't change any of the rules regarding access to it.
---
************************************************
http://i.imgur.com/iZdWIKJ.jpg
#2maheo30Posted 10/13/2013 2:58:43 PM
An intelligent post. I'm not sure gamefaqs is ready for this.
---
The world should realize with increased clearness that Evangelicalism stands or falls with Calvinism. (Dr. B.B. Warfield)
#3gobuffalo30Posted 10/13/2013 3:01:42 PM
[This message was deleted at the request of the original poster]
#4gobuffalo30Posted 10/13/2013 3:03:01 PM
Does it really even matter now that the kinect isn't required?
#5unclekoolaid73Posted 10/13/2013 3:03:57 PM
Why are Millennials so willing to give up their privacy?
#6whitelytning(Topic Creator)Posted 10/13/2013 3:09:20 PM
unclekoolaid73 posted...
Why are Millennials so willing to give up their privacy?


I don't think its that people are "so willing" I think the problem is that the scope of 4th amendment protection has gotten so small that so many of the things we do require giving up some privacy.
---
************************************************
http://i.imgur.com/iZdWIKJ.jpg
#7kyncaniPosted 10/13/2013 3:19:59 PM
whitelytning posted...
The kinect simply changes the amount and kind of data that is stored but doesn't change any of the rules regarding access to it.


So what about individuals that do not follow the rules or governments who abuse the law to get information.
Is it really a good idea to have a camera connected to the internet with 3D capability that can frigging see in the dark ?
What can possibly go wrong.
#8XenoMechaPosted 10/13/2013 3:22:45 PM
whitelytning posted...
**Warning** You will find intelligent discussion in this thread. **Warning**


Liar
---
PSN: Eternius00
#9Coutts2Posted 10/13/2013 3:27:44 PM
As someone who is not an American, can you tell me if the fourth amendment is a new law that was put in place after Snowden showed the USA spies on its own citizens or maybe the wiki-leaks stuff that showed the USA government doing some really shady things or is the fourth amendment older then that?
---
PSN: Geoff-C-
#10whitelytning(Topic Creator)Posted 10/13/2013 3:33:41 PM
Coutts2 posted...
As someone who is not an American, can you tell me if the fourth amendment is a new law that was put in place after Snowden showed the USA spies on its own citizens or maybe the wiki-leaks stuff that showed the USA government doing some really shady things or is the fourth amendment older then that?


No. Its an old "law". It was included in the Bill of Rights, passed in the late 18th century. The original intent was to prohibit physical intrusion by the government into people's houses to search or take contraband. The problem is that most of the case law regarding the amendment is based on a case called Katz which was decided in the 60s before technology really was as pervasive as it is now. Since Katz modern technology has changed dramatically and the case law that has continued since Katz hasn't really adjusted in response to how technology can be used today.
---
************************************************
http://i.imgur.com/iZdWIKJ.jpg