consent and trust? Oh... but we are ABOVE the law

[rysiek]

Dnia niedziela, 21 grudnia 2014 18:53:20 Florian Weimer pisze:
> * Александр:
> > https://www.schneier.com/blog/archives/2014/12/the_limits_of_p.html
> > 
> > 
> > - "The next time you call for assistance because the Internet service in
> > 
> >> your home is not working, the 'technician' who comes to your door may
> >> actually be an undercover government agent. He will have secretly
> >> disconnected the service, knowing that you will naturally call for help
> >> and
> >> -- ­when he shows up at your door, impersonating a technician­ -- let him
> >> in. He will walk through each room of your house, claiming to diagnose
> >> the
> >> problem. Actually, he will be videotaping everything (and everyone)
> >> inside.
> >> He will have no reason to suspect you have broken the law, much less
> >> probable cause to obtain a search warrant. But that makes no difference,
> >> because by letting him in, you will have 'consented' to an intrusive
> >> search
> >> of your home"
> 
> Isn't the only legally controversial aspect that they couldn't get a
> warrant *before* they started their covert operation?  If they had a
> warrant, everything would be fine from a legal point of view, right?

Yes, and whatever Juan and others will start blabbering about in a few 
moments, it makes a world of practical difference, too.

Even when law enforcement works closely with other branches of the state, and 
even if they tend to cooperate rather than do the "checks and balances" dance 
properly, it *still* requires *several people* to sign something *on paper*.

And secondly, it's a simple matter of resources. If a LEA officer can do this 
at their whim on any given day and on any given house, they're going to do 
this *a lot*. But filling out paperwork, even if it's gonna be rubber-stamped 
by a friendly judge, still adds quite a bit of work to the process. Here, the 
thinking is along the lines of "make it ever more costly, in terms of time, 
work and money, and they will use it less".

-- 
Pozdrawiam,
Michał "rysiek" Woźniak
-------------- next part --------------
A non-text attachment was scrubbed...
Name: signature.asc
Type: application/pgp-signature
Size: 411 bytes
Desc: This is a digitally signed message part.
URL: <https://lists.cpunks.org/pipermail/cypherpunks/attachments/20141223/301d9487/attachment-0002.sig>