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calibas | 14 days ago

It's a clear violation of the 4th Amendment, but the government acts like they've found a "loophole" because it's private businesses doing the spying.

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Maxious|14 days ago

The Pinkerton National Detective Agency, founded in 1850, operated largely outside the constraints of the Fourth Amendment for much of the 19th century because they were private agents, not government actors. Congress passed the Anti-Pinkerton Act in 1893, which prohibited the federal government from hiring Pinkerton employees or similar organizations.

otterley|14 days ago

As an attorney I’d like to understand why you think there is a “clear” Constitutional violation going on here. What activity, specifically, are you referring to, and what precedent supports your claim?

keernan|14 days ago

As a trial attorney for more than 40 years, I'd say these are examples of egregious illegal surveillance of American citizens by the current government:

1. A retired US citizen emailed a DHS attorney urging mercy for an asylum seeker he had read about. Five hours later he received an email from Google advising him the federal government had served Google with a subpoena demanding information about him. Then they followed up by knocking on his door. The federal government's concerted effort to intimidate citizens should concern every American.

https://archive.ph/b9ON8

2. NYT: https://archive.ph/W5FwO ICE’s New Surveillance State Isn’t Tracking Only Immigrants

A memo from a Department of Homeland Security official reviewed by CNN and sent to agents dispatched to Minneapolis last month asked them to “capture all images, license plates, identifications and general information” on “agitators, protesters, etc. so we can capture it all in one consolidated form.” And the official reportedly provided such a form, called “intel collection.”

3. Moreover, ICE officers have traveled to the homes of protesters. Not to arrest them, because they have done nothing illegal. Rather, ICE was trying to intimidate them by letting them know ICE knows who they are and where they live. https://www.nytimes.com/2026/02/13/us/minneapolis-ice-agents

calibas|14 days ago

You're an attorney and you're asking me why the government spying on everyone is a clear violation of the 4th Amendment?

cucumber3732842|14 days ago

Seems to me like someone's security camera footage, even if held by a 3rd party, would pretty clearly fall under "papers and effects" same as my crap sitting in a rented storage unit does.

It's only because we've had a century of legal contrivance that it doesn't IMO.

verisimi|14 days ago

If corporations and government are acting together, this is fascism (according to Mussolini). It seems that is already the case. It's just we call it 'democracy'. Perhaps 'crypto-fascism' is the right term.

mindslight|14 days ago

"Inverted totalitarianism" is the term you're looking for, although with Trumpism we're flipping to just straightforward totalitarianism. "Crypto-fascism" is applicable to Surveillance Valley's fake strain of "libertarianism", which is more accurately described as corporate authoritarianism.

jaco6|14 days ago

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