“Technically and legally there's not much really truly blocking the government from getting the information they want if they want it,” Allison Young, digital forensics analyst at The Legal Aid Society, told Engadget..
That’s not how your social media accounts or data in the cloud work though, because those digital records are much harder to scrub. So, law enforcement can get a warrant to search your device, and there’s no process to litigate in advance whether the warrant is appropriate. Even if there’s reason for the warrant, Akerman and Young showed that officers can use intentionally vague language to search your entire cell phone when they know the evidence may only be in one account.
“You litigate the issues once they already have the data, which means cat is out of the bag a lot of the time and even if it's suppressed in court, there's still other ways it can be used in court,” Akerman said. “There's no oversight for the way the government is executing warrants on digital devices.”
The issue only exacerbates across the third-party apps you use. As of right now, the protections of the Fourth Amendment have not been extended to all cloud data and other digital data, Akerman said. The government can often very easily get information from the cloud because of that, even if it’s not entirely relevant to the case.
There are no easy ways for an individual to better protect themselves from these searches. On a case by case basis, there are ways to lock down your device, but that changes with every update or new feature, Young said. Instead, both speakers pushed to put the onus back on the systems and structures that uphold this law, not the individuals affected by it.
“I live in a world where I have to opt out of modern society to not have other people housing my data in some way,” Akerman said. “The question really should be like, what responsibility do those people have to us, since they have made us into their profit, rather than forcing me to opt out in order to protect myself?”
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