I think the same applies to the Security State that America is morphing into and this article by Dan Gilmore confirms my suspicions:
As many people have noted, we can all be charged with something if government wants to find something – the Justice Department under Bush and Obama has insisted that simply violating an online terms of service is a felony, for example. And now that our communications are being recorded and stored (you should take that for granted, despite weaselly government denials), those somethings will be available to people looking for them if they decide you are a nuisance.
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