Over on Slight Paranoia, privacy and security researcher Chris Soghoian does a brilliant job of delving into a section of the recent opinion in the Twitter Wikileaks case.
(Order at p. 28)
(Order at p. 30)
Game over. And I don’t blame the judge who is just applying existing law. The problem is with existing laws that desperately need updating.
ECPA needs to be updated so that a warrant is required to obtain users’ data from online providers. And we need to throw out outdated Third Party Doctrine and recognize that users have and are entitled to have a reasonable expectation of privacy for much of their online activities.
The Twitter Wikileaks case also reminds us – as if we needed more proof – that businesses that collect and retain data for months or years increase the risk to our privacy.
Lawyers for the three individuals have not yet announced any decision as to whether to appeal Judge Liam’s ruling. Frankly, I don’t think they can prevail. Not because they’re wrong, but because the law is wrong. And Congress needs to fix that.