First, i always admit when i'm wrong, you can find plenty of examples on HN :)
I don't go through life pretending i will always be right, and I try to learn from the times i get it wrong :)
As for what will happen -
Honestly - it's hard to say.
I think it will be that some people in the government asked for things they shouldn't have (let's ignore if they are illegal things or not or whatever for a second). The government is big. My experience with any large company discovery is that somebody somewhere says or does something stupid. It's hard to believe that won't be the case for the government here[1] :)
I think some people take the view that's okay (despite imbalance of power), and others think they should only be allowed to ask for things that are affirmatively okay.
Historically, the court result has been the former, though usually it's closer to "state/feds pass law saying x, ask you to do x, law gets overturned as not okay".
I think it may be decided to be closer to the middle now if it makes it to SCOTUS - but i'm not sure what that looks like. It's hard to come up with bright line standards, but bad facts make bad law - if the there are senior officials ordering censorship, ....
I don't think folks will go all the way to saying the government may not ask for things that later may be decided to be illegal to ask for.
[1] I would personally be much more concerned if it was senior officials vs random worker bees. Unlike some corporations, the government is actually pretty darn good at retaining evidence,etc. So if senior officials ordered it, the likelihood of a record existing is much much higher than "CEO who verbally tells a junior software engineer to do something bad" or whatever.
Honestly - it's hard to say. I think it will be that some people in the government asked for things they shouldn't have (let's ignore if they are illegal things or not or whatever for a second). The government is big. My experience with any large company discovery is that somebody somewhere says or does something stupid. It's hard to believe that won't be the case for the government here[1] :)
I think some people take the view that's okay (despite imbalance of power), and others think they should only be allowed to ask for things that are affirmatively okay.
Historically, the court result has been the former, though usually it's closer to "state/feds pass law saying x, ask you to do x, law gets overturned as not okay".
I think it may be decided to be closer to the middle now if it makes it to SCOTUS - but i'm not sure what that looks like. It's hard to come up with bright line standards, but bad facts make bad law - if the there are senior officials ordering censorship, ....
I don't think folks will go all the way to saying the government may not ask for things that later may be decided to be illegal to ask for.
[1] I would personally be much more concerned if it was senior officials vs random worker bees. Unlike some corporations, the government is actually pretty darn good at retaining evidence,etc. So if senior officials ordered it, the likelihood of a record existing is much much higher than "CEO who verbally tells a junior software engineer to do something bad" or whatever.