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Comment by Grombobulous

2 hours ago

This "100 miles from the border" issue is really commonly misinterpreted. This does not mean that privacy laws and the 4th amendment aren't in place within 100 miles of an ocean, border, or airport. This exception is only in the scope of border activities like entering or leaving the country.

As soon as it is established that you are not in the process of entering or leaving the country, what you are saying is not true.

E.g., A police officer in your city can't look through the contents of your phone without a warrant at a DUI stop just because you are within 100 miles of a border. The local police or TSA can't stop everyone in the airport and sift through their phones and documents on their person just because they are inside an airport. It must be in the context of a border crossing activity.

What you are saying about the government being legally able to look at everything you have written, taken pictures of, or recorded in the last 5 years in private to retroactively punish you for a crime is also broadly not true. The only thing that has truly changed is that it is far more difficult for average people to avoid leaking information through third parties.

If I take photos in private and keep them on my computer in my house, the government still needs a warrant to access those photos. The difference here is that entities like Meta could voluntarily give the government access to their data without a warrant if they chose to, and they may be more willing to divulge information via subpoenas. Also, a lot of people tend to just post information publicly that's easily accessed.

"Retroactively" punishing you for a crime is also a gross mischaracterization. For one thing, every crime you get punished for is "retroactive" in the sense of the crime having taken place in the past, so your use of the word is meaningless alarmism.