Comment by sunir
19 hours ago
Consider: you don’t give a warrant to a wiretap subject. That itself is not that big a loophole. And therefore is unlikely to provoke change.
19 hours ago
Consider: you don’t give a warrant to a wiretap subject. That itself is not that big a loophole. And therefore is unlikely to provoke change.
I don't even understand the concern here. Perhaps the parent thought this meant "a warrant is not required", which is absolutely untrue. Instead, the judge still creates the warrant, and any trial/arrest/action must have a warrant.
(Finding out what ISP a user belongs to, isn't really that private. If you look at the US comparatively, Homeland has a list of every single credit card transaction ever. The US doesn't need to ask an ISP if someone is a customer. What this does is simply confirm, and then the judge can create a warrant specific for that ISP.)
Such as compelling the ISP, or what not, to take action. The ISP is not the subject here. And obviously hiding the warrant from the ISP makes zero sense, as they're going to know who the person is anyhow.
This is stuff that goes back to phone taps. Nothing new here.
Does a warrant ever expire? How long can they monitor you once the warrant is issued? Do they ever have to notify you or anyone else that you were being monitored and they found no criminal conduct? Don't you see the potential for abuse here?
All of these questions, and more, are answered by examining what happens with phone taps. Phone taps, which historically were treated precisely the same, and further, there was only ever one phone company in a region back then.
All legislative change is interpreted by courts. So to answer your questions:
# look to see how the legislation is written for phone taps
# know that this new legislation is changing things, the code is being modified
# now look at judicial decisions, and you will have your answer
Seeing as you have no idea how other warrants work, when they expire, you're really just looking for the worst case scenario, without even attempting to see what would happen, and has happened for 100+ years.
Yes?