I'm curious which of my posts you're referring to. The ones you linked to discuss two things: 1) phone call metadata; 2) literal interpretation of the 4th amendment.
Riley doesn't overturn Smith v. Maryland, so I think collecting phone call metadata is still good legal. Riley does seem to cut back on third party doctrine, but probably not far enough to reach phone call metadata. There is a big difference between saying your photos in the cloud are your "papers and effects" and saying AT&T's call data records or Googles web server logs recording your activity are your papers and effects.
The second line of comments is aimed at people who say that the NSA ignores the "plain text" of the Constitution. I explain that the plain text is amenable to a narrower interpretation than the one the Court has taken, one based on property rights. One of the footnotes in a comment explicitly states I'm talking about a narrower interpretation than the Court's. The point is that the plain text doesn't obviously encompass the protections privacy advocates want.
Now, I wouldn't have said last week the Court would release such an expansively worded decision in Riley and state in dicta that documents in the cloud are protected, since that isn't even at issue in the case, but I don't think I'm in the minority there. This decision, if it continues to be developed in future cases, represents a new direction with regard to third party doctrine. The Court seems to have embraced wholesale the software abstraction: ignore the fact that behind the scenes data in the cloud is exposed to third parties, and pretend like it is a private extension of the phone's flash memory.
Riley doesn't overturn Smith v. Maryland, so I think collecting phone call metadata is still good legal. Riley does seem to cut back on third party doctrine, but probably not far enough to reach phone call metadata. There is a big difference between saying your photos in the cloud are your "papers and effects" and saying AT&T's call data records or Googles web server logs recording your activity are your papers and effects.
The second line of comments is aimed at people who say that the NSA ignores the "plain text" of the Constitution. I explain that the plain text is amenable to a narrower interpretation than the one the Court has taken, one based on property rights. One of the footnotes in a comment explicitly states I'm talking about a narrower interpretation than the Court's. The point is that the plain text doesn't obviously encompass the protections privacy advocates want.
Now, I wouldn't have said last week the Court would release such an expansively worded decision in Riley and state in dicta that documents in the cloud are protected, since that isn't even at issue in the case, but I don't think I'm in the minority there. This decision, if it continues to be developed in future cases, represents a new direction with regard to third party doctrine. The Court seems to have embraced wholesale the software abstraction: ignore the fact that behind the scenes data in the cloud is exposed to third parties, and pretend like it is a private extension of the phone's flash memory.