Judge Wilkinson concurs with the majority, but writes a separate opinion “to emphasize [his] concern that requiring probable cause and a warrant in circumstances such as these needlessly supplants the considered efforts of Congress with an ill-considered standard of [the Fourth Circuit’s] own.” According to Judge Wilkinson, the defendants’ attempt to inject their own interpretation of the Fourth Amendment into the SCA through the use of a warrant and probable cause requirement seeks to overturn Supreme Court precedent and abandon Congress’ efforts to balance privacy and law enforcement interests.
According to the Court, the FTC failed to identify any specific incident where a consumer’s information was exposed, a device was compromised, or a consumer suffered “even simple annoyance and inconvenience from the alleged security flaws in the [D-Link] devices.” Id . at *15. Rather, the Court found “the sum total of the [FTC’s] harm allegations, … make out a mere possibility of injury at best.” Id. at *14-15. On that note, Judge Donato explained the FTC’s complaint stands in sharp contrast to other data security complaints that have survived motions to dismiss. Id. at *15-16 (citing FTC v. Wyndham Worldwide , 799 236 (3d. Cir. 2015), where the complaint alleged theft of the personal information of hundreds of thousands of consumers and over $ million in fraudulent charges).
late 13c., "restorative powers of the body, bodily processes; powers of growth;" from Old French nature "nature, being, principle of life; character, essence," from Latin natura "course of things; natural character, constitution, quality; the universe," literally "birth," from natus "born," past participle of nasci "to be born," from PIE *gene- "to give birth, beget" (see genus ).
From late 14c. as "creation, the universe;" also "heredity, birth, hereditary circumstance; essential qualities, innate disposition" (. human nature ); "nature personified, Mother Nature." Specifically as "material world beyond human civilization or society" from 1660s. Nature and nurture have been contrasted since 1874. Nature should be avoided in such vague expressions as 'a lover of nature,' 'poems about nature.' Unless more specific statements follow, the reader cannot tell whether the poems have to do with natural scenery, rural life, the sunset, the untouched wilderness, or the habits of squirrels." [Strunk & White, "The Elements of Style," 3rd ed., 1979]