this post was submitted on 28 Oct 2023
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Hahahaha.
'Warrant' for public data.
"A regular 4th amendment violation right here! Everyone look - the government is looking at my Instagram without a warrant!"
Please. At this point the NSA has probably already developed their own internal LLM based on illegally collected communications intercepts combined with many other data sources and is using that to aid in parallel construction efforts.
But no, let's worry about whether what you post on Instagram should need a warrant, because somehow you have an expectation of privacy for the things you publicly post on the Internet...
Lemmy is hilarious sometimes.
Fun fact: The US government is allowed to read any emails in cloud storage older than 6 months old without a warrant.
The issue I see is less a 4th amendment than a 1st. Any "derogatory" language has long since been upheld as protected, so any action they took based on the information would 100% be illegal. Yes, the CIA/NSA has actually stated that they love social media because we are all just surveilling ourselves for them. That is them, not ICE. ICE has no business tracking people's social media.
Technically until they have successfully immigrated there's limited first amendment rights.
As the supreme court has found over and over, given there is no inherent legal right to enter the country, there is no infringement of rights to discriminate who can and can't enter based on political speech. For prior cases if you are interested, see:
So while ethically you may feel it's an infringement of the principles of the first amendment, it is not currently seen that way legally and hasn't for a long while.