Apr 012011
 April 1, 2011  Posted by  Business, Court

Julian Sanchez writes:


But if promises of confidentiality aren’t enough to retain your Fourth Amendment “reasonable expectation of privacy,” a company’s privacy policy is a perfectly adequate basis forsurrendering your constitutional rights, regardless of whether or not the overwhelming majority of Internet users ever read the policies that are supposed to be the grounds for their “reasonable expectation.”

Does this seem backwards to anyone else? When there’s a disconnect between what most ordinary people actually expect in practice—and it seems like as an almost definitional matter, an expectation actually shared by huge majorities of people has to be regarded as “reasonable” in most circumstances—you’d think one would, by default, lean against the assumption that a constitutional right has been waived. The standard we’ve evolved now seems to make just the opposite assumption.

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