Monday, January 30, 2023

I see you searched for ChatGPT. That means your homework was written by an AI.

https://www.pogowasright.org/epic-urges-colorado-supreme-court-to-rule-reverse-keyword-warrants-are-unconstitutional-points-toward-effects-on-abortion-rights/

EPIC Urges Colorado Supreme Court to Rule Reverse Keyword Warrants are Unconstitutional, Points Toward Effects on Abortion Rights

From the folks at EPIC.org:

EPIC submitted an amicus brief in the case Colorado v. Seymour, urging the Colorado Supreme Court to rule that reverse keyword warrants are unconstitutional in the first case in the country to evaluate such warrants. Reverse keyword warrants are a dangerous new technique the police use that force technology companies like Google to search through millions or billions their users’ search histories in order to identify suspects in criminal cases. EPIC argued that the Colorado Supreme Court’s ruling will affect people across the country, especially people searching for abortion-related topics who may feel unwilling to do so after the U.S. Supreme Court’s Dobbs decision enabled many states to criminalize abortion. If reverse keyword warrants become commonplace, people will be increasingly afraid to use the internet to search important topics, knowing that such searches could expose them to law enforcement scrutiny. This is especially true for reproductive-health-related searches. EPIC regularly submits amicus briefs in cases involving police surveillance and the Fourth Amendment.





Another Fourth Amendment article.

https://www.pogowasright.org/article-orin-s-kerr-terms-of-service-and-fourth-amendment-rights/

Article: Orin S. Kerr: Terms of Service and Fourth Amendment Rights

Citation: Kerr, Orin S., Terms of Service and Fourth Amendment Rights (January 29, 2023). Available at SSRN: https://ssrn.com/abstract=

Abstract:

Almost everything you do on the Internet is governed by Terms of Service. The language in Terms of Service typically gives Internet providers broad rights to address potential account misuse. But do these terms alter Fourth Amendment rights, either diminishing or even eliminating constitutional rights in Internet accounts? In the last five years, many courts have ruled that they do. These courts treat Terms of Service like a rights contract: By agreeing to use an Internet account subject to broad Terms of Service, you give up your Fourth Amendment rights.
This Article argues that the courts are wrong. Terms of Service have little or no effect on Fourth Amendment rights. Fourth Amendment rights are rights against the government, not private parties. Terms of Service can define relationships between private parties, but private contracts cannot define Fourth Amendment rights. This is true across the range of Fourth Amendment doctrines, including the “reasonable expectation of privacy” test, consent, abandonment, third-party consent, and the private search doctrine. Courts that have linked Terms of Service and Fourth Amendment rights are mistaken, and their reasoning should be rejected.





As a non-lawyer, I expect to run into legal issues that I don’t understand. I hope that my lawyer friends can explain this one!

https://www.pogowasright.org/court-walmart-had-duty-to-track-down-man-who-used-false-name-to-obtain-prescription-and-left-without-getting-it/

Court: Walmart had duty to track down man who used false name to obtain prescription and left without getting it

Daniel Fisher reports:

AKRON, Ohio – A man who was prescribed antibiotics after crushing his finger but never picked them up from Walmart can sue the retailer for failing to track him down and make sure he received the drugs before the damaged finger led to a devastating infection and the loss of both legs, an Ohio appeals court ruled.
The court rejected Walmart’s argument it had no duty to the worker, who obtained the prescription under a false name and wasn’t in the company’s customer database.

Read more at Legal Newsline.



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