All Episodes
March 18, 2023 - Lionel Nation
13:08
Is An Abandoned Laptop Abandoned Data?

Hunter's downfall.

| Copy link to current segment

Time Text
When uncertainty strikes, peace of mind is priceless.
Dirty Man Underground Safes protects what matters most.
Discreetly designed, these safes are where innovation meets reliability, keeping your valuables close yet secure.
Be ready for anything.
Use code DIRTY10 for 10% off today and take the first step towards safeguarding your future.
Dirty Man's Safe.
Because protecting your family starts with protecting what you treasure.
Disaster can strike when least expected.
Wildfires, hurricanes, tornadoes, earthquakes.
They can instantly turn your world upside down.
Dirty Man Underground Safes is a safeguard against chaos.
Hidden below, your valuables remain protected no matter what.
Prepare for the unexpected.
Use code DIRTY10 for 10% off and secure peace of mind for you and your family.
Dirty Man Safe.
The storm is coming.
Markets are crashing.
Banks are closing.
When the economy collapses, how will you survive?
You need a plan.
Cash.
Gold.
Bitcoin.
Dirty Man safes keep your assets hidden underground at a secret location ready for any crisis.
Don't wait for disaster to strike.
Get your Dirty Man safe today.
Use promo code DIRTY10 for 10% off your order.
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.
But first, oh yes, yes, yes, yes, a word from our sponsor.
Silver has been valued for its beauty and rarity for centuries.
But did you know...
It also has a vital role in modern industry and technology.
According to Noble Gold Investments CEO and President Colin Plume, silver is the center of America's transition to renewable energy.
Silver could be the new oil.
From electronics to solar panels, silver is a critical component in many products we use every day.
And with the rise of renewable energy, demand for silver is only set to increase.
That's why investing in the Silver IRA with Noble Gold Investments is a smart choice for those looking to secure their financial future.
Now, with the Noble Gold Investments Silver IRA, you can invest in physical silver coins or bars and take advantage of its unique properties as both a precious metal and an industrial commodity.
Now, not only does the Noble Gold Investments Silver IRA provide a hedge against inflation, And this month, you get a beautiful Silver Eagle coin with every qualifying IRA of $20,000 or higher.
You can't go wrong with Noble Gold Investments.
And there are thousands, thousands of five-star reviews.
So visit noblegoldinvestments.com to get started.
That's noblegoldinvestments.com.
And remember, there's always a risk of investment and there's no guarantee of any kind.
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.
Export Selection