
一 | DENVER -- Colorado’s highest court on Monday upheld the search of Google users' keyword history to identify suspects in a 2020 fatal arson fire, an approach that critics have called a digital dragnet that threatens to undermine people's privacy and their constitutional protections against unreasonable searches and seizures. However the Colorado Supreme Court cautioned it was not making a “broad proclamation” on the constitutionality of such warrants and emphasized it was ruling on the facts of just this one case.At issue before the court was a search warrant from Denver police requiring Google to provide the IP addresses of anyone who had searched over 15 days for the address of the home that was set on fire, killing five immigrants from the West African nation of Senegal. After some back and forth over how Google would be able to provide information without violating its privacy policy, Google produced a spreadsheet of sixty-one searches made by eight accounts. Google provided the IP addresses for those accounts, but no names. Five of the IP addresses were based in Colorado and police obtained the names of those people through another search warrant. After investigating those people, police eventually identified three teens as suspects.One of them, Gavin Seymour, asked the court to throw the evidence out because it violated the Fourth Amendment's ban on unreasonable searches and seizures by being overbroad and not being targeted against a specific person suspected of a crime. Search warrants to gather evidence are typically sought once police have identified a suspect and gathered some probable cause to believe they committed a crime. But in this case, the trail had run cold and police were seeking a “reverse keyword” warrant for the Google search history in a quest to identify possible suspects. Since the attack seemed targeted, investigators believed whoever set fire to the house would have searched for directions to it.The state Supreme Court ruled that Seymour had a constitutionally protected privacy interest in his Google search history even though it was just connected with an IP address and not his name. While it also said it assumes that the warrant was “constitutionally defective” for not specifying an “individualized probable cause”, the court said it would not throw out the evidence because police were acting in good faith under what was known about the law at the time. The court said it was not aware of any other state supreme court or federal appellate court that has dealt with this type of warrant before.“Our finding of good faith today neither condones nor condemns all such warrants in the future. If dystopian problems emerge, as some fear, the courts stand ready to hear argument regarding how we should rein in law enforcement’s use of rapidly advancing technology. Today, we proceed incrementally based on the facts before us," it said. In a dissent, Justice Monica Marquez said such a wide-ranging search of a billion Google users' search history without a particular target is exactly the kind the Fourth Amendment was designed to stop.“At the risk of sounding alarmist, I fear that by upholding this practice, the majority’s ruling today gives constitutional cover to law enforcement seeking unprecedented access to the private lives of individuals not just in Colorado, but across the globe. And I fear that today’s decision invites courts nationwide to do the same,” she said in the dissent, which Justice Carlos Samour joined in. In a statement, Google said it was important that the court's ruling recognized the privacy and First Amendment interests involved in keyword searches. “With all law enforcement demands, including reverse warrants, we have a rigorous process designed to protect the privacy of our users while supporting the important work of law enforcement,” it said. The ruling allows the prosecution of Seymour and Kevin Bui, who were 16 at the time of the Aug. 5, 2020, fire, to move ahead in adult court on charges of first-degree murder, attempted murder, arson and burglary. Investigators allege Bui organized the attack on the home because he mistakenly believed people who had stolen his iPhone during a robbery lived there.Telephone messages and an email sent to Seymour's lawyers, Jenifer Stinson and Michael Juba, were not immediately returned. A lawyer for Bui, Christian Earle, could not be reached for comment. A third teen, Dillon Siebert, who was 14 at the time and originally charged as a juvenile, pleaded guilty earlier this year to second-degree murder in adult court under a deal that prosecutors and the defense said balanced his lesser role in planning the fire, his remorse and interest in rehabilitation with the horror of the crime. He was sentenced to 10 years behind bars.。 交通部长兼财政部第二部长徐芳达主持。

二 | (图:Facebook/Chee Hong Tat 徐芳达)我国金融管理局成立的股票市场检讨工作小组举行第一次会议,确立了企业与市场以及监管两大工作流的首要任务。金管局发表文告说,本月19日举行的首次会议由交通部长兼财政部第二部长徐芳达主持。

三 | 会上决定,企业与市场工作流将着重探讨鼓励上市、增加投资者参与、改善交易流动性和促进上市股票公平估值的建议。监管工作流则会探讨如何精简监管框架、改进上市程序、加强以披露为准的机制的有效性,以及强化企业治理标准和投资者的申诉管道。工作小组也公布了两大工作流的成员,其中包括资本市场从业员、投资者权益组织、行业协会及学术界人士。徐芳达表示,工作小组及工作流的成员将通过业界圆桌会议和焦点小组讨论进行广泛的咨询。他指出,要解决本地股票市场所面对的挑战没有万灵丹,当局需要的是一套可执行的解决方案。这套方案必须有效,能发挥互补作用,也能善用我国作为可信赖的商业及金融中心的优势。
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