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A targeted order is one thing, but this applies to ALL data. My data is not possible evidence as part of a lawsuit, unless you know something I don't know.
by jacob019 1y ago
A targeted order is one thing, but this applies to ALL data. My data is not possible evidence as part of a lawsuit, unless you know something I don't know.
- artursapek 1y agoThat’s… not how discovery works
- jacob019 1y agoThe government's power to compel private companies to preserve citizens' communications needs clear limits. When the law is ambiguous about these boundaries, courts end up making policy decisions that should come from Congress. We need legislative clarity that defines exactly when and how government can access private digital communications, not case-by-case judicial expansion of government power.
- artursapek 1y agoMy point is lawsuits make your data part of discovery retroactively. You aren’t being sued right now, but perhaps you will be.
- lcnPylGDnU4H9OF 1y agoTheir point is that the discovery is asking for data of unrelated users. Necessarily so unless the claim is that all users who delete their chats are infringing.
- jacob019 1y agoYour point illustrates exactly why the tension between due process and privacy rights can't be fairly resolved by courts alone, since they have an inherent bias toward preserving their own discovery powers.