
Hacking Isn’t Searching; It’s Quartering - AndrewUnmuted
https://medium.com/@AndrewUnmuted/hacking-isnt-searching-it-s-quartering-eb783a29662
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eesmith
Let's suppose this is true. (That is, suppose the software counts as a
'Soldier' and that homes include computers.)

The trivial work-around for the government is to move the NSA away from DoD
and into a civilian branch. Eg, the CIA is a civilian organization not under
DoD, and members of the CIA are not soldiers.

Unlike the 4th amendment, this very expansive reading of the third would
provide not protections against other government hacking, like from the police
or FBI.

The author writes: "This is moot anyway, because we aren’t in a time of war,
nor have we been since Vietnam."

The US hasn't declared war since 1942. If the Gulf of Tonkin Resolution counts
as "a time of war" for Vietnam then the Iraq Resolution ('Authorization for
Use of Military Force Against Iraq Resolution of 2002') must count as a 'time
of war' for the last 16 years.

The author writes: "Where do you read the majority of your news — online, or
in the newspaper? Where do you have more photos stored — on your smartphone,
or in physical photo albums?"

Most people read the majority of their news online ... from external sources
whose business records can legally be accessed with weaker requirements than
given by the 4th, and no protections under this interpretation of the 3rd.

The same for photos, as most people have most of their photos stored online on
someone else's server.

