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IMAP) or deletes it (POP).17 If a user never directly accesses the service provider’s storage, are his or her communications still in transit until
9. Amazon.com, Inc., Annual Report (Form 10-K) 17 (Jan. 29, 2016), http://www.sec .gov/Archives/edgar/data/1018724/000101872416000172/amzn
§ 89 (West 1996 & Supp. 2001); PA. STAT. ANN. tit. 24, § 17-1718A (West 2001). 182. Much has been written about these plans. For a basic description of
adopted 21-17). Of these three proposed Articles, the most we can say is that the president apparently judged at least one of them a sufficient
its intent to do so; 7. South Dakota v. Dole, 483 U.S. 203, 207 (1987). 8. See U.S. CONST. art. I, § 8, cl. 1. 9. 451 U.S. 1 (1981). 10. Id. at 17. 11
6. Id. 7. Ben Chapman, More than Half of Employees Believe Their Boss Is Spying on Them at Work, IN- DEPENDENT (Aug. 17, 2018, 9:15 AM), https
network externality,17 it is sufficient for our purposes to use the terms “network benefit” to denote the portion of a good’s value that is
Frazelle & David Gray, What the Founders Would Say About Cellphone Surveillance, ACLU (Nov. 17, 2017), https://www.aclu.org/blog/privacy-technology
significance to state regulation of abortion rights.17 Part IV of this Essay will tie these threads together, drawing on the analysis in Part III to make
2057, 2062-63 (2018). 17 Jamal Greene, How Rights Went Wrong 58-59 (2021). 17 Jamal Greene, How Rights Went Wrong 58-59 (2021). 19. See Richard H