> This isn't any different. It's just different sets of photons and electrons.
And a dictator is just another set of cells and organic compounds? You can't break things down into this because then literally everything is the same. Literally everything you see is just a different set of photons and electrons. But those things have real effects. They aren't fungible. I don't care that my partner sees pictures of me naked, but I sure do care if cops or "the government" is, despite it being "just a different set of photons and electrons."
> The burden of proof will still be on the investigators and prosecution to find out and show beyond a shadow of a doubt who performed the swatting.
The burden of proof is step by step. I don't think I should have to cite the 4th Amendment but
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and ***no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.***
The setup was to treat the government as an adversary. Needing to understand positive rights vs negative rights[0]. Obviously rights are not infinite, but there should be friction. Doesn't matter if the thing is seemingly innocent or inconsequential, what matters is power. Perception shifts and creeps so this is why people take a stand at what might seem trivial. [1]
There was a swatting incident and they have a time window where they'd like to corroborate IP logs.
An IP address is no different from a license plate on camera. It's a lead and the evidence was gathered at a crime scene. Nobody's home is being entered into. Nobody's iCloud account is being unlocked and ransacked. Gathering these logs alone won't lead to those things happening either.
I'm all for limits on power, but this seems to be entirely reasonable. This isn't a fishing expedition. IANAL, but I don't see how the 4th would be violated with either a court order or willing third party handing over the logs.
If the investigators get the IP logs, they shouldn't then be able to take those logs and ask the ISP for everything that those people were doing. The burden will be on the investigators to find more evidence linking one of those IPs to the call.
More crime will happen digitally year by year. Swatting has already entered the public consciousness. Just wait until people start strapping bombs to FPV drones or calling grandma with your voice.
We shouldn't stop at the software stack as some kind of impenetrable legal barrier that shrouds investigation. We should respect and enhance limits on power, but we also need to modernize the judicial tools to tackle the new reality.
The framers couldn't have imagined "swatting". The law needs to understand this. It should provide scoped-down investigatory tools that simultaneously guard and respect our constitutional rights and privacy. Access to anything beyond the scope of an actual crime that took place should be restricted.
And a dictator is just another set of cells and organic compounds? You can't break things down into this because then literally everything is the same. Literally everything you see is just a different set of photons and electrons. But those things have real effects. They aren't fungible. I don't care that my partner sees pictures of me naked, but I sure do care if cops or "the government" is, despite it being "just a different set of photons and electrons."
> The burden of proof will still be on the investigators and prosecution to find out and show beyond a shadow of a doubt who performed the swatting.
The burden of proof is step by step. I don't think I should have to cite the 4th Amendment but
The setup was to treat the government as an adversary. Needing to understand positive rights vs negative rights[0]. Obviously rights are not infinite, but there should be friction. Doesn't matter if the thing is seemingly innocent or inconsequential, what matters is power. Perception shifts and creeps so this is why people take a stand at what might seem trivial. [1][0] https://en.wikipedia.org/wiki/Negative_and_positive_rights
[1] https://encyclopedia.ushmm.org/content/en/article/martin-nie...