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If a bank loses your money, you can sue them. Can you sue google if they lose your data? No. So, no, its not the same. They have very few legal obligations with regard to your data (otherwise, instagrams recent copyright policy change could be considered the tort of conversion: the illegal use of someone else's property for personal profit). One can imagine a legal regime wherein a gdrive is "your property" like a safe deposit box, but that's not what exists right now.

As for how Google isn't a modern mailman: its not an organ of the government (4th amendment protections apply only to postal mail, not say UPS); and it reads your mail unlike the postman.

Its pointless to speculate what the founders would have done had they addressed the issue. They didn't, and there are crucial distinctions that make the protections they did address inapplicable to online data. Given that, the solution is either a privacy amendment to the constitution or sweeping legislation.





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