cross-posted from: https://lemmy.ml/post/1874605

A 17-year-old from Nebraska and her mother are facing criminal charges including performing an illegal abortion and concealing a dead body after police obtained the pair’s private chat history from Facebook, court documents published by Motherboard show.

581 points

To the people shitting on the idea of a default defederation with Meta, how about we deferedate not because it will affect us as posters but because they are evil pieces of shit?

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220 points
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yeah, the difference is pretty stark:

  • lemmy: we’ll give you a way to dm anyone on site, but please don’t use that, if you set up an app on this other open source service we’re not affiliated with (which is basically an encrypted discord) we’ll do our best to make it as seamless for you as possible. we’ll keep warning you for your own privacy.
  • meta/facebook: aggressively keeps you on-platform for spying purposes; literally killed xmpp a decade ago and they’ll fuckin do it again (if we let them)

They trust me. Dumb fucks.

- Mark Zuckerberg

(yes it sounds like satire but that’s a real quote)

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38 points

The Lemmy DM is imo actually quite important. If I want to get in touch with someone about a post, nothing more. It is an easy option, and serves a purpose. It isn’t imo meant to be used for anything else.

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34 points

yep, it’s important that we have this capability, but it’s also nice that unlike other platforms that do their best to lock you in, lemmy actively pushes you toward a safer alternative

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33 points

I mean I agree with Zuck on that one.

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11 points

Was it Facebook that killed xmpp or Google? Legitimately asking because I’ve always seen that blamed on Google.

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14 points

It was Google, they Embraced, Extended, and Extinguished it with Google Chat. Then they killed that themselves.

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8 points

google does seem to be the main culprit, but facebook still played a role as far as i’m aware. these two companies also colluded a lot so i wouldn’t trust either of them with anything federated

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-6 points

XMPP was never alive lol

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4 points

literally killed xmpp a decade ago

This was Google/Alphabet.

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3 points

That was a quote from 13 years ago when he didn’t know how massive his enterprise would become. People change.

As for him, he became more evil.

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1 point

People change, but the Zuck clearly isn’t people. My money is on time-traveling robot.

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3 points
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How on earth did Meta kill XMPP, where is that even from lol. They didn’t even have a standalone messaging app until 2011, which is after Google Talk dropped support for XMPP.

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31 points

Some game-of-telephone misinformation originating from this article - though it has gone from Google killed it (which this article states), to it was a protocol that allowed Facebook and Google to communicate and then got killed, to Facebook killed it.

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8 points

Yeah Google is more to blame for that. When they defedarated it was pretty much the end of XMPP. From what I remember, Facebook used the protocol but never opened their service for federation.

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56 points
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And even if what I do is relatively tame, I want others to be protected from the wolf at the door.

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34 points

This. I don’t need to win, I just want Meta to lose.

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2 points

General Hux!

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26 points

Are you saying that the individuals who run these servers and instances aren’t subject to the same laws? I read the article, and Facebook complied with a court order.

You don’t think anyone running Lemmy would do the same without access to lawyers and capital like Facebook has?

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48 points

Do you have to run your lemmy instance in the US?

Maybe do it in a less backward place

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20 points

Not disagreeing with you there.

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19 points

Every interaction on Lemmy is copied to all other federated instances. There are instances all over the world with a copy of yours and my comment. They can track and use those comments for any purpose. Its both a blessing and a curse of an open federated structure.

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5 points

And how can we be sure that all the instances federated with any instance we participate on aren’t run by law enforcement themselves? I’d be surprised if there aren’t running instances by every major investigative agency themselves.

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-14 points

Almost all countries have similar systems for obtaining evidence. These people were criminals, they broke the law and the legal system worked as designed to bring them to “justice”. Meta was just a pawn here with very little influence.

If this story was about a murder rather than an abortion people would think that Meta did the right thing to bring the murderer to justice. As I see it the problem is that people disagree with the law and are using Meta as a scapegoat. But you don’t fix stupid laws by having corporations go vigilante. I’d rather not have billionaires coming up with their own set of laws, that is a recipe for disaster. I think we need to fix the laws, which will fix the root cause of this issue.

Also use E2EE for all private information, cryptography can’t be compelled to reveal your private data by a court order.

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12 points

Lemmy promotes using Matrix, which is a separate service, so instance admins don’t need to be in the business of hosting private conversations.

Matrix is end-to-end encrypted so even the admins of your Matrix server could not provide your chats to law enforcement.

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3 points

I wish Lemmy was as well. Ah well.

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3 points

Complying with the law is less of an issue than keeping that data accessible in the first place.

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15 points

But also fuck these laws and the people passing them and the people voting for the people passing them. They’re the real evil.

We have to always assume rich corporations are going to do whatever serves their best interest. It’s nature. Like a mantis is gonna bite off her mate’s head when they’re done mating. It’s up to governing factors to keep them in check. On that note, +1 to defederate. They will cannibalize or however abuse Lemmy if it will make them a penny.

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10 points
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I think we’re realizing more and more any corporate-operated platform is luring us in to sell to us and sell us.

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9 points

Ya. That’s fucked. Just ruin someone’s life like that. Holy fuck.

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4 points

I totally agree with your sentiment… However they don’t have a choice. They are legally obligated to turn that information over if they are served a warrant. Doing anything less is obstruction at the very least and they could be shut down and put into receivership.

The fault here is with the two individuals trusting a corporation to keep data private and to put the individuals interests ahead of the corporation. Neither is a realistic expectation.

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6 points

they could have made their shitty DM system end-to-end encrypt messages by default, instead of burying that feature[0] in chat settings

or, they could have used their MASSIVE wealth and lobbying power to directly fight the warrant in court (if there even was one, they have a long history of just requiring a form ostensibly signed by any cop to turn over private data)

or they could have just lied and said they couldn’t find the data

I don’t disagree that people shouldn’t trust Facebook but saying “they don’t have a choice” is absurd

[0] https://www.facebook.com/help/messenger-app/786613221989782

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0 points

You’re exactly right. They are legally required to turn it over when compelled. Let’s keep that mess away from the federation. It will only get worse.

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7 points

I vote to write this reasoning at the very top, on the sticked topics when it happens. Like, literally just write “Because Facebook is evil” and don’t elaborate.

Plus, if someone shows up being a concern troll on the point, they will laser focus on it, taking the bait, we can all just block the person, a world improved.

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3 points

Any Lemmy instance would have given over the same information in this case. Meta was complying with a valid, legal search warrant.

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9 points
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If some fuckstick from Nebraska asked me to snitch on my users for something which isn’t a crime in my state, I would simply tell them to fuck themselves, go ahead, and try to have me extradited. If my instance were bordering on a trillion dollars market cap, I’d hire a fucking lawyer.

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-1 points

You sound tough.

No you wouldn’t.

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-4 points

Because it will bring more people to the fedi while bringing a ton more content, support and development. How are people this blind still?

Give the choice to the users and don’t decide what you think is best for them.

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3 points

What good is that bloated userbase if it’s just dead or abandoned accounts? If anything, they are more likely to just ctrl + C > ctrl + V their users as well as their privacy policy on their client, which doesn’t really help anyone. Besides, can facebook really be trusted to play by the rules?

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1 point

That’s just straight up not true. Also I hope you are aware how Hot/Active/Top sort works. Let that decision be left up to the users instead of forcing your misinformation on to them.

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171 points

Just yesterday here on Lemmy, I mentioned the dangers of violating privacy, and some commenters went on about “what dangers?” Implying there were none…

Is it not enough to gesture broadly?

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36 points

No one has anything to hide, until they do

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45 points

I once heard that “Anyone can be charged with a crime if they can be watched closely enough for long enough.”

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18 points

I’m committing a crime right now, pairing this red wine with this halibut.

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8 points

I remember that from Don’t Take to The Police. Since gotchas I can think of is touching an eagle feather lying on the ground (endangered animals plus a market for poachers). Point being, that it’s essentially impossible to say with certainty that you’ve broken no law.

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1 point

I would like to quote a Hungarian movie classic from 1969 (it was sitting in a box for a decade until it somehow got past the censorship):

Mutasson nekem egyetlen embert ebben a tetves országban, akire ha kell, 5 perc alatt nem bizonyítom rá, hogy bűnös! Magára is, magamra is, mindenkire!

Show me a single person in this flea-ridden country who if needed, I can’t prove in 5 minutes that they are guilty! You, me, everyone!

Other great quotes from the same movie:

Ahol nem vagyunk mi, ott az ellenség.

Where we are not, there is the enemy.

Ezeken lovagol maga? Amit a vaksi szemével lát? A süket fülével hall? A tompa agyával gondol? Azt hiszi, fölér az a mi nagy céljaink igazságához?!

Are you hung up on these things? What you see with your blind eyes? What you hear with your deaf ears? What you think with your blunt mind? Do you believe these are comparable to the truth of our great cause?

Just if you thought that these people are not the same as the commies were way back when. Authoritarians tend to be alike.

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27 points
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At this point, they’ll just say “yeah, but these people did a crime. I don’t do crimes so I have nothing to worry about”. The problem with that mentality, I would hope, doesn’t need to be stated.

I stopped trying to change the world.

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22 points

This is the perfect example of why you should be worried. Because your government can turn into a fascist dictatorship at any time and you ain’t getting that data back.

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-2 points

How is this an example of the government turning into a “fascist dictatorship”?

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I agree that these people did a crime.

I just don’t think their crime should be illegal.

If this was about murdering a full-grown adult and not aborting a fetus, nobody would be talking about privacy concerns. Guaranteed.

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29 points

How do you know they committed a crime. After reading the article I don’t know. It looks totally as if it’s possible that she just had a miscarriage.

Maybe there’s just a prosecutor eager for convictions.

Maybe she was trying do avoid exactly this kind of trouble.

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3 points

We’d still be talking about the privacy part because it’d be still more concerning than the death of one random dude.

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-1 points

Would you be ok with someone aborting a 39 week old fetus? What about a 40 week old fetus? What about during labour?

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-8 points

Also, there’s no general agreement or scientific pointing of where life and consciousness is started on a fetus so, if the government job is to conserve the life of a individual, a fetus life still matters and shouldn’t be taken by neither the parents or anyone else.

Brazil (ironically enough) has a good constitution about about abortion where’s it is strictly prohibited unless some cases apply like: the baby has developed no brain, the baby has originated from a sexual assault case or the process of giving birth or the pregnancy itself represents a risk of death for the mother. It is simple, states that life’s have the same values as well as showing the individual rights matter.

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-8 points

For what it’s worth, the fetus was viable outside the womb 4 weeks before they did this. Viable at 24 weeks, aborted at 28. Pretty fucked up imo

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-1 points
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-2 points
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I agree with you, but I don’t think I could explicitly state what’s wrong with that mentality. Can you humor me and state it?

Edit: can someone else take a shot at it? Tge parent comment is essentially saying “people will counter with X, but everyone knows that doesn’t make sense”. It’s clear that something is wrong with that mentality, but it obviously would have a very real benefit of stating it’s flaws since the whole premise of this is that some people don’t know what’s wrong with that mentality.

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2 points

The obvious, unspoken part is: what is legal now isn’t guaranteed to be legal two seconds in the future, and likewise to what is illegal. The law gives you no guarantee of being ethical nor moral, it’s simply a collection of behaviors either sanctioned or unsanctioned by the State.

As a clear example, you may tell me how much you love breathing in fresh air. If, tomorrow, breathing fresh air is made illegal, you’ve just shared with me a confession to a crime.

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153 points

People are getting all upset at Facebook/Meta here but they were served a valid warrant. I don’t think there is much to get mad about them here. The takeaway I get is this:

Avoid giving data to others. No matter how trustworthy they are (not that Meta is) they can be legally compelled to release it. Trust only in cryptography.

There is of course the other question of if abortion being illegal is a policy that most people agree with…but that is a whole different kettle of fish that I won’t get into here.

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50 points

Maybe just elect non fanatical nut jobs?

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21 points

Good luck with that. The way voting works in the US basically guarantees a 2-party race. With only 2 parties you end up having policies grouped into these huge bundles, so making an actual decision on any particular issue is incredibly difficult. (Unless you are a billionaire and want to lobby a party for a law)

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40 points

Completely right. This is an education issue.

There are several other issues how these two handled this situation.

Court and police records show that police began investigating 17-year-old Celeste Burgess and her mother Jessica Burgess after receiving a tip-off that the pair had illegally buried a stillborn child given birth to prematurely by Celeste.

Don’t discuss this or involve anyone else.

The two women told detective Ben McBride of the Norfolk, Nebraska Police Division that they’d discussed the matter on Facebook Messenger, which prompted the state to issue Meta with a search warrant for their chat history and data including log-in timestamps and photos.

Why are they even talking to police? Lawyer up, even if the lawyer is free.

(E2EE is available in Messenger but has to be toggled on manually. It’s on by default in WhatsApp.)

Facebook messenger and text message is the absolute worse way to discuss things like this. They should’ve at least turned on E2EE but they already admitted fault and their devices would’ve been taken away anyway.

They seem like they together. They should’ve just discussed this in person.

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18 points

Granted, I’m lucky enough never to have been arrested or questioned about a crime. I don’t know how difficult and manipulative interrogations are outside of what I’ve seen on TV. Even still, I’m amazed by and critical of people who talk to the police without a lawyer present.

Even if you think (or know) you’re guilty, that doesn’t mean you should let the system have its way with you.

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21 points

This is an older story, and 5 months later Meta announced that they’re rolling out full E2EE encryption to Messenger, I don’t think that’s a coincidence. Are they doing it out of the goodness of their hearts? Probably not, they’re a corporation, but this does show that global backlash actually works for something.

Use end to end encrypted messaging apps, and, if you’re in a situation like this, know what they can be forced to share via court order. For example, while WhatsApp has full E2EE and messages can’t be turned over, IP addresses can, which can be used to track location, so don’t connect to an abortion clinic’s wifi for example. Probably just a good rule in general, as law enforcement could subpoena router logs if they have a suspicion.

Ideally use something that can hand over less metadata like Signal if you’re in this sort of situation, they don’t even keep IP address, but this is a lesser known app that also relies on the recipient using Signal.

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8 points

On one hand - yes Meta followed the legal requirement, but the bigger picture is that people always say “so what it’s <insert deficiency> just don’t do anything illegal”. But that’s only fine when legality matches morality. And the disparity has been growing lately.

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2 points

I understand what you are saying but I don’t think that having every company coming up with their own definition of morality is the right solution. The only goal of these companies is to create profit, and I doubt that their definition of morality will be overall beneficial.

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4 points

Oh yeah I agree I didn’t mean it that way either. I just meant it as an argument for privacy/end to end encryption

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7 points

They couldve opted to end 2 end encryption just like they do on whatsapp. Then the warrant can eat shit.

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9 points

While whatsapp is using e2e encryption it is still owned by meta, as such I trust it just as much as plain facebook messenger. Signal ftw.

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6 points

A valid warrant that was only possible to get information from because of Meta’s policy of “opt-in” for encrypted messages. They are still at fault imho

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4 points

The problem is that private messages should be private, meaning Meta should’ve had no ability whatsoever to share those messages even if served a warrant. Those messages should be E2E encrypted.

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3 points

Fwiw, Messeger does have e2e encryption, just opt in only afaik. Whether or not you trust meta with that is another matter, but it is there.

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4 points

I haven’t trusted Meta since they IPO’d. I deleted my account sometime back in 2015 or so, had to recreate it when I went on-site as a contractor for a week, and promptly deleted it again.

But it’s good that they have E2E, it should be on by default and not able to be disabled. Regardless, they probably have anything encrypted indexed anyway so they don’t lose that little bit of info about you.

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143 points

America is a terrifying church with guns. I pity the citizens.

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39 points
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Every country has the anti-abortion cancer movement and it wouldn’t surprise me if the shit gets more serious here in Europe too with the rise of far right parties. As a matter of fact you have only to look at Poland.

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20 points

We’ll keep saying that can’t happen here right up until it happens

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8 points

Y’all better be careful

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1 point

Ms Smith goes to Washington?

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16 points

Women’s reproductive rights are strongly supported in Canada, but that doesn’t stop one of the main national parties playing coy with a commitment to not reopen the debate.

To be fair, it seems most Americans support women’s reproductive rights as well, with a referendum in Kansas passing with 59%.

It’s gerrymandering and the Supreme Court that are changing things down there.

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-4 points

This isn’t purely anti-abortion pearl clutching in this instance. Where this occurred it is perfectly legal to have an abortion into the 20th week of pregnancy.

Fetuses are viable outside the womb at 24 weeks.

They killed the fetus with meds at 28 weeks, the pregnant 17 year old still went through labor (with no medical supervision due to how they chose to do this), they burned he remains, and then buried them on a farm.

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4 points
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Deleted by creator
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9 points

I cannot feel any less hopeless for my country

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1 point

“Less hopeful”, maybe?

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91 points

Regardless of what you think about abortion laws people just gotta come to terms with the fact that your phone and computer are not reliable partners in crime

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55 points

They should be? I mean, not just for the crime, but in general privacy should be the default.

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45 points

I mean yeah it should but you gotta follow the old saying “don’t write when you can speak, don’t speak when you can nod, don’t nod if you can wink” or whatever. You have an expectation of privacy when sending physical mail for example, but it’s still a bad idea to put a crime in writing if you don’t have to. Even if it can’t legally be used as evidence it can be read. We’ve seen that with ‘parallel construction’ from law enforcement

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15 points

I’ve actually never heard that saying. I like it a lot.

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12 points

Wait, lemme write that down

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2 points

The Klingons of Star Trek also have a saying: If you do not wish a thing heard, do not say it.

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10 points

It should be, I fully agree, unfortunately we live in a digital panopticon.

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9 points

You can always use something like PGP to encrypt your communication.

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3 points

TIL the of the word Panopticon. Thanks stranger

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