Is An Abandoned Laptop Abandoned Data?
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I'm going to give you a little bit of kind of a legal insight, but then again, not. | |
But this is probably some of the most important stuff you'll ever hear that nobody's discussing. | |
Have you heard lately in the news about people bringing laptops in? | |
Let's say you bring in a laptop to get fixed or recorded. | |
Or fixed or whatever. | |
And for some reason, you leave it. | |
You leave it. | |
You forget it. | |
And there's a period of time in which they say that they will keep this. | |
Like if you leave it for 90 days or whatever it is, they will keep it. | |
Okay? | |
Okay. | |
Let's assume That you do leave it and you forget it or you don't pick it up. | |
What can they do with that thing? | |
What is it? | |
Is it a laptop or is it the data? | |
That's a different story. | |
Can they keep the data? | |
Do they own the data or do they own the laptop? | |
You see, this was... | |
A similar case happened in 2012 regarding another issue which I will explain to you. | |
But that's the issue for today because today, as you know, the law always lags behind technology. | |
So the question is, what is it that we're talking about? | |
Well, we will discuss that very, very quickly. | |
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Okay, imagine this. | |
Assume this is a cell phone. | |
It's not, but assume it is. | |
It's got all my stuff on it. | |
All my stuff. | |
All my stuff. | |
Numbers and pictures and you name it. | |
It's on this phone. | |
And I get it. | |
Repaired. | |
Or looked at. | |
I drop water on it. | |
Or maybe I'm having it tuned up. | |
Or maybe it's a laptop. | |
Or maybe it's a desktop. | |
I don't know. | |
Whatever it is. | |
And I don't pick it up. | |
And they keep it. | |
And they go through it. | |
And they start publishing all my pictures. | |
My pictures. | |
My stuff. | |
Somehow they get access to it. | |
My bank account, all my banking information, they just put it out there. | |
And they say, well, you left the phone? | |
And I say, well, I left the phone, but I didn't. | |
What about the information? | |
Is that similar? | |
Is it different? | |
It's an incredibly important issue to ask, or to think about. | |
You see, that's one of the things. | |
In 2012, there was this case that Nino Scalia dealt with. | |
And what it did was, it spoke to a matter. | |
It was very interesting. | |
And the matter involved a DEA agent that went into somebody's property and put a device on a tracking device, and then they followed this car. | |
This is in 2012. | |
This is when this technology was pretty new. | |
They found out where this guy went. | |
And the question was, they wanted to suppress it. | |
Was this a Fourth Amendment violation? | |
Well, Scalia, I believe, answered correctly, was a unanimous decision. | |
But his reasoning was different. | |
He said it was a violation because they went on the property. | |
They went on the property, trespassed, in order to put this thing on there. | |
That's the issue. | |
That's the issue. | |
It was fascinating. | |
But, they kept saying, but wait a minute. | |
Where was the violation? | |
Was the violation going onto the property? | |
Trespassing? | |
Violating the curtilage area around it to stick this device? | |
Or, was it the data that was gained? | |
Where you're going? | |
And some people then suggested that, well, there's no reasonable expectation of privacy. | |
I could follow you. | |
I could follow you behind your car, but this is a tracking device. | |
At the time, nobody knew what this was. | |
What do you mean it's a tracking device? | |
Yeah, but it's his data. | |
What do you mean it's his data? | |
It's where he goes. | |
That's his data. | |
That's the issue. | |
That's the significant issue of this. | |
This is the part which is fascinating. | |
You hear data, metadata, the information that you provide, that you have on you at any time. | |
Your car, your equipment, your car. | |
If I... | |
Right now on your car, you probably have something... | |
Here we have this thing called the EasyPass. | |
You can probably have the name for it. | |
It's that little tracking device. | |
That device that goes through tolls and things. | |
It's pretty handy, except that it keeps track. | |
Of every place you go. | |
Now wait a minute. | |
You don't need that device. | |
That device goes up to a cloud or someplace else and you're billed accordingly. | |
Because you have that device on there. | |
Well, do you realize that when you put that on your car, you don't have an expectation of privacy to that particular data? | |
Do you? | |
No. | |
Well, what is it that I don't know? | |
It's, where is the data? | |
Where is it? | |
Is it on your car? | |
Is it you? | |
And what is the data? | |
Where do you go? | |
Sometimes, by the way, those easy passes, very interesting, they've saved people's lives. | |
They've actually saved lives in that they have provided an alibi, perhaps, in the case of a murder case. | |
You say, oh, you were in Cincinnati? | |
Yes, well, you know, lo and behold, there's his car. | |
So, this data, so when you go back to the phone or the whatever, don't you realize that most of what you have anyway isn't on that computer? | |
It's in a cloud! | |
Yeah, but you have that. | |
So, does that change anything? | |
Does that change anything? | |
Where is this data? | |
What is this? | |
But more important than that, in some states, they still have this invasion of privacy. | |
As a tort, as a civil charge, the fact that you're invading my privacy and you're exposing pictures, well, I mean, who owns things? | |
See, this is a weird concept. | |
I'll give you another example. | |
There have been these cases called revenge Porn. | |
It's the wrong term, but somebody takes a picture of somebody else. | |
Let's say it's a nude picture. | |
And then later on, they use the reveal of that to either embarrass or get something or whatever it is. | |
Well, the question that was asked by a lot of people is, who owns that? | |
Who owns that picture? | |
I do. | |
I took it, theoretically. | |
So I can use it whatever I want. | |
But you're extorting money from... | |
No, I'm not. | |
I mean, theoretically I am, but no, I'm not. | |
Am I? | |
It's embarrassing, but I've got it. | |
Didn't people like... | |
Didn't Larry Flint have pictures of Vanessa Williams and others and people who they were going to reveal these pictures that they found? | |
I mean... | |
What I'm imparting upon you is the law, technology, ownership, First Amendment. | |
it. | |
What am I trying to say? | |
Intellectual property, copyright, ownership. | |
It's my work. | |
I took this picture. | |
You know what I'm saying? | |
It's me. | |
It's mine. | |
But what are you using it for? | |
What are you doing with it? | |
You're invading my mind? | |
It's in the eye of the beholder. | |
I don't think I'm invading your privacy. | |
You see where this goes? | |
You see where this is? | |
This is the issue. | |
It's not laptops or equipment or whatever it is. | |
It's you. | |
It's your data. | |
Your information. | |
That you elected to put on here. | |
And that's another thing too. | |
We've got to tell kids from an earlier age, please, whatever you do, be very careful with what pictures you give and take and send. | |
We'll get to that one later. | |
Remember what I'm telling you. | |
Remember what I'm telling you. | |
The law always lags behind technology. | |
Nobody knew, nobody understood any of this stuff. | |
And we're going to have new phrases like expectation of privacy. | |
I haven't even gotten into drones yet. | |
A drone flying around? | |
In your backyard? | |
Taking pictures of you? | |
Can you do that? | |
I don't know. | |
I don't know. | |
In any event, thank you for watching. | |
Thank you for paying attention. | |
Please like this video. | |
Please. |