Excuse my poor choice of terminology. When I saw "online vs offline" I really mean "online vs reality". My point is the same as yours: it's a lot easier for the government to violate a person's privacy "online" (your point 1) than is is in "the real world" (your point 2).
“It may be necessary to reconsider the premise that an individual has no reasonable expectation of privacy in information voluntarily disclosed to third parties,” Sotomayor wrote in 2012. “This approach is ill suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks.”
I'm not sure what I find more incredible: 1. That this nugget of wisdom comes from a government official, or 2. That it's even considered to be some kind of life-changing "wisdom" strong enough to change a person's mind.
How we define privacy online vs offline may have to be reconsidered in the Internet Age? HOLY SHIT, BATMAN! SOMEBODY CALL DATELINE NBC!
The United State Code of Law: Running 20 Years Behind the Rest of the World.
"Captain, we have entered orbit around Earth."
"Excellent. Commence communications intercept."
"Captain, a ship has launched from the surface and is moving to intercept our course. The ship identifies itself as the USA Constitution
"Red alert! Evasive maneuvers! Load proton lawyer tubes!"
"Lawyers loaded, sir."
"Target that ship and fire!"
"Direct hit, sir! The ship's shields have been neutralized by our Non-Disclosure Agreements and Motions to Delay"
"Fire phasers! Pew, pew, pew!"
"The Constitution...has been violated, captain."
"Outstanding. Continue full communications intercept. File a report with the ship computer, redact, and bury somewhere deep in the janitorial logs."
"Ahh. Another day, another victory for democracy."
The more I read these stories, the more I want to start a Kickstart campaign to buy thousands of 10 ft x 8 ft pieces of plywood, cut them all into the shape of a middle finger, and start propping them up at various locations around Washington DC. Cuz frak you, DC. Frak you hard, just like you've been frakking us for decades.
While reading this I'm reminded of the little South African bastard in Lethal Weapon 2 who plugged a dozen bullets into Mel Gibson then had the balls to hold up his papers and yell "Diplomatic Immunity!"