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US Government Has 'No Right To Rummage' Through Anti-Trump Protest Website Logs, Says Judge (theregister.co.uk)

A Washington D.C. judge has told the U.S. Department of Justice it "does not have the right to rummage" through the files of an anti-Trump protest website -- and has ordered the dot-org site's hosting company to protect the identities of its users. The Register reports: Chief Judge Robert E. Morin issued the revised order [PDF] Tuesday following a high-profile back and forth between the site's hosting biz DreamHost and prosecutors over what details Uncle Sam was entitled to with respect to the disruptj20.org website. "As previously observed, courts around the country have acknowledged that, in searches for electronically stored information, evidence of criminal activity will likely be intermingled with communications and other records not within the scope of the search warrant," he noted in his ruling. "Because of the potential breadth of the government's review in this case, the warrant in its execution may implicate otherwise innocuous and constitutionally protected activity. As the Court has previously stated, while the government has the right to execute its Warrant, it does not have the right to rummage through the information contained on DreamHost's website and discover the identity of, or access communications by, individuals not participating in alleged criminal activity, particularly those persons who were engaging in protected First Amendment activities." The order then lists a series of protocols designed to protect netizens "to comply with First Amendment and Fourth Amendment considerations, and to prevent the government from obtaining any identifying information of innocent persons."

3 of 277 comments (clear)

  1. Re:Publically acessable by rmdingler · · Score: 5, Insightful

    Yessir. Lest we forget, the protections afforded citizens by the Bill of Rights are tested most severely when they protect the rights of the people you disagree with.

    I see the President for what I believe he is, a charlatan with a magician's gift for distraction, but I would never condone the outing of his supporters' personal information in a warrant-less search.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

  2. Re:Totally ok to.... by drinkypoo · · Score: 4, Insightful

    Russia is not covered by the 1st Amendment.
    If you want to use it, you need to be a citizen of the United States or a person within its borders.

    Nope. Freedom of speech is considered by the United States to be a natural right, and the first amendment does not create it, only recognize it. In general, the USA has extended the right of free speech to non-citizens. This is not the case worldwide; for example, it's still illegal for a noncitizen of the UK to engage in "seditious" speech while on their soil, while they basically eliminated that for their own citizens some while ago.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  3. Re:Publically acessable by gnick · · Score: 4, Insightful

    Well, with there now being undeniable video of CNN and NYT actually being the antithesis of real journalism (which NBC is doing as well), why should they allow them to continue to spread disinformation?

    Are you suggesting that CNN is less accurate than our White House? If DJT tells me one thing and CNN tells me another, I know who I'm going with. Because that keeps happening and DJT is wrong every time. He's still spouting off about America being "the highest-taxed nation in the world" and poor Sanders is stuck trying to defend it.

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    He's getting rather old, but he's a good mouse.