Working backwards, Google isn’t legally compelled to give Mark a hearing about his digital life (Sixth Amendment); they are wrong not to. Google isn’t legally compelled to give Mark due process before permanently deleting his digital life (Fifth Amendment); they are wrong not to. Google isn’t legally compelled to not search all of the photographs uploaded to Google (by default, if you click through all of the EULA’s); they are…well, this is where it gets complicated.

a child had gone missing in our town and the FBI came to town to investigate immediately and had gone to the library. They had a tip and wanted to seize and search the library’s public computers. And the librarians told the FBI that they needed to get a warrant. The town was grief stricken and was enraged that the library would, at a time like that, demand that the FBI get a warrant. Like everyone in town was like, are you kidding me? A child is missing and you’re– and what? This town meeting afterwards, the library budget, of course, is up for discussion as it is every year, and the people were still really angry with the library, but a patron and I think trustee of the library – again, a volunteer, someone living in town – an elderly woman stood up and gave the most passionate defense of the Fourth Amendment and civil liberties to the people on the floor that I have ever witnessed.