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<blockquote data-quote="Dannyalcatraz" data-source="post: 6174558" data-attributes="member: 19675"><p>Just sticking with the MDs, there are all kinds of communication that can occur via mail or phone that- by Google's logic- would be outside of MD/patient privilege.</p><p></p><p></p><p></p><p>Because if you request the email and get it, it doesn't matter if the MD's, lawyer's or accountant's service was secure or not if <em>yours</em> wasn't.</p><p></p><p>And the thing is, if communications using the US Mail and the phone companies aren't required to be encrypted to have an expectation of privacy, why should Google be treated any differently? Because they want to sell targeted ads? I don't think any court will buy that, especially since they could just as easily send users non-targeted ads.</p><p></p><p></p><p>If the communication is otherwise privileged, then yes. The law says that the protection granted by privilege is content-neutral. If we start making exceptions for violating the privilege because it is about illegal or immoral acts, then we undermine the function of many of the privileges.</p><p></p><p>For example, it makes no sense for priest/penitent privilege to be nullifiable if the penitent is discussing bad things- that's the point of the relationship.</p><p></p><p>It would also impede the Constitutional right of a defendant to fully communicate with his attorney to mount a defense.</p><p></p><p>It may be essential to your treatment for an ailment or injury to disclose to the medical staff that you did something illegal. (For public health reasons alone, it is preferable that criminals undergo successful treatment of infectious agents instead of fearing arrest and therefore becoming Patient Zero.)</p><p></p><p>Etc.</p><p></p><p></p><p>I agree. And AFAIK, it currently does.</p><p></p><p>But if Google is right and you don't have an expectation of privacy, that may not be required. It would no more require a subpoena or warrant than asking for the testimony of the guy who sat at the next table from you when you discussed taking out a hit on Carrot Top.</p><p></p><p></p><p>Or the police...or the Media...or a business rival...</p><p></p><p>If you have no expectation of privacy, whatever you say is as fair game as an overheard conversation.</p><p></p><p>Which is why- if you go to jail- you don't openly discuss your case via the provided phones. You have no expectation of privacy- they listen to those, and anything and everything you say can be used against you...and even leaked to the media. Instead, you make an appointment and get a private room.</p><p></p><p>Which is why- if you are seated in the back of a police car, unrestrained with the door open and the officers standing 50 yards away, you don't openly discuss the situation. It's the same as the prison phones- the radio may be on, and there may even be a camera on you. IOW, they'll be listening.</p></blockquote><p></p>
[QUOTE="Dannyalcatraz, post: 6174558, member: 19675"] Just sticking with the MDs, there are all kinds of communication that can occur via mail or phone that- by Google's logic- would be outside of MD/patient privilege. Because if you request the email and get it, it doesn't matter if the MD's, lawyer's or accountant's service was secure or not if [i]yours[/i] wasn't. And the thing is, if communications using the US Mail and the phone companies aren't required to be encrypted to have an expectation of privacy, why should Google be treated any differently? Because they want to sell targeted ads? I don't think any court will buy that, especially since they could just as easily send users non-targeted ads. If the communication is otherwise privileged, then yes. The law says that the protection granted by privilege is content-neutral. If we start making exceptions for violating the privilege because it is about illegal or immoral acts, then we undermine the function of many of the privileges. For example, it makes no sense for priest/penitent privilege to be nullifiable if the penitent is discussing bad things- that's the point of the relationship. It would also impede the Constitutional right of a defendant to fully communicate with his attorney to mount a defense. It may be essential to your treatment for an ailment or injury to disclose to the medical staff that you did something illegal. (For public health reasons alone, it is preferable that criminals undergo successful treatment of infectious agents instead of fearing arrest and therefore becoming Patient Zero.) Etc. I agree. And AFAIK, it currently does. But if Google is right and you don't have an expectation of privacy, that may not be required. It would no more require a subpoena or warrant than asking for the testimony of the guy who sat at the next table from you when you discussed taking out a hit on Carrot Top. Or the police...or the Media...or a business rival... If you have no expectation of privacy, whatever you say is as fair game as an overheard conversation. Which is why- if you go to jail- you don't openly discuss your case via the provided phones. You have no expectation of privacy- they listen to those, and anything and everything you say can be used against you...and even leaked to the media. Instead, you make an appointment and get a private room. Which is why- if you are seated in the back of a police car, unrestrained with the door open and the officers standing 50 yards away, you don't openly discuss the situation. It's the same as the prison phones- the radio may be on, and there may even be a camera on you. IOW, they'll be listening. [/QUOTE]
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