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TexasTowelie

(116,795 posts)
Wed Aug 7, 2019, 05:29 AM Aug 2019

Court rules Arizona residents have right to internet privacy

Arizonans have a constitutional right to online privacy to keep police from snooping around to find out who they are without first getting a warrant, the state Court of Appeals has ruled.

In what appears to be the first ruling of its kind in the state, the majority said Internet users have a “reasonable expectation of privacy” that the information they furnish about themselves to Internet providers will be kept secret. That specifically includes who they are and their home address.

What that means, the court said, is that police and government agencies cannot obtain that information – the a gateway to finding out exactly who is posting material – without a search warrant. And that requires a showing of some criminal activity.

The ruling is particularly significant because federal courts have consistently ruled that once people furnish that information to a third party, which in this case the company that provides Internet service, they have given up any expectation of privacy. And that means the Fourth Amendment protections of the U.S. Constitution against unreasonable search and seizure no longer apply and the government no longer needs a warrant.

Read more: https://azcapitoltimes.com/news/2019/07/31/court-rules-arizona-residents-have-right-to-internet-privacy/

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Court rules Arizona residents have right to internet privacy (Original Post) TexasTowelie Aug 2019 OP
I can't believe the 3rd party argument gets accepted! ArizonaLib Aug 2019 #1

ArizonaLib

(1,265 posts)
1. I can't believe the 3rd party argument gets accepted!
Fri Aug 9, 2019, 02:12 AM
Aug 2019

Even before the health services privacy legislation was passed at the federal level, medical records were not treated as giving up privacy, nor was attorney/client privileges even when non criminal. Ridiculous. Grateful it passed at state level.

As it pertains to the constitution, an individual's papers, etc. are protected. I would assume if those documents were electronic, the same would apply.

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