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Search Warrants for Abortion Data Leave Tech Companies Few Options

washingtonpost.com

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Re: Search Warrants for Abortion Data Leave Tech Companies Few Options

#11
post #7

Few options? Tech companies have incredible lobbying power. They could simply lobby for privacy restrictions, but we're not really seeing that. Instead, feigned helplessness is telegraphed in pieces like this.

Of course, but it would have affected sales. I had a Microsoft VP tell me to my face circa 2010 they saw themselves as “activists” and were investing in more protections for customers. I laughed.

He was not wrong. Microsoft has been "activists" that have been actively lobbying multitudes of states for years pushing for consumer privacy protection laws that really do meaningfully improve peoples privacy.

Of course, that's only technically correct. The bills they have been pushing for are terrible, they improve consumer privacy status quo in the worst way possible, by taking one step forward and building a wall that prevents any further steps.

The reason for this is mostly because they hate the idea a GDPR-esq law in the US and hope if they pass enough shitty laws in the states they can forestall federal legislation.

https://www.eff.org/deeplinks/2020/03/tech-lobbyists-are-pus...

Interview with the author of the above piece on the topic: https://opensourcesecurity.io/2022/02/13/episode-310-hayley-...

Re: Search Warrants for Abortion Data Leave Tech Companies Few Options

#13
post #9

Few options? Tech companies have incredible lobbying power. They could simply lobby for privacy restrictions, but we're not really seeing that. Instead, feigned helplessness is telegraphed in pieces like this.

Isnt the point of a warrant that it negates any privacy restrictions

Maybe I view the legal substrate as a bit more malleable than most. Just spitballing.

Raise the burden of proof requirements for warrants in abortion related cases from probable cause to something more strict ie: some credible evidence, preponderance of the evidence, clear and convincing evidence, or beyond reasonable doubt, and introduce criminal penalties for complying with warrants that don't meet this threshold.

Introduce criminal penalties for exfiltrating abortion related evidence found during a warrant across state lines.

I'm sure there are an infinite number of much more creative ways to construct such laws. Being more familiar with evidentiary procedures would make me feel more able to derive some more subtle and effective requirements. My gut says that this being a "states issue" allows for more legislative flexibility, but then again, I'm no lawyer or legislative analyst.

Broadly speaking, the rules which govern search warrants are themselves laws which can and have been amended. See https://casetext.com/statute/california-codes/california-pen...

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