Confused by Facebook privacy settings? So is the Supreme Court.

The Supreme Court heard oral arguments in a pair of cases that will shape what privacy protections Americans have against warrantless searches of electronic devices.

But during the two-hour discussion, Chief Justice John Roberts touched on a related issue that millions of Americans are challenged by every day: Facebook privacy settings. The privacy settings of the social network and its related applications came up in the discussion of Riley v. California, a case involving a San Diego college student, David Riley, who was pulled over for expired tags, only to have police seize his phone and use a photo on it to convict him for participation in a drive-by shooting.

Litigator Jeffrey Fisher, representing Riley, argued that even flipping through photos on a smartphone draws on a multitude of data that is "intrinsically intertwined" in the device in such a way that implicates the Fourth Amendment.

"Including information that is specifically designed to be made public?" asked Chief Justice Roberts, "I mean, what about something like Facebook or a Twitter account?" Depending on a user's privacy settings, Facebook activity can range from entirely public to only available to an individual user -- although Facebook changes the settings often enough that users aren't always aware of the current setup.

But Chief Justice Roberts went on to say there is not really "any privacy interest" in a Facebook account -- or it's "at least diminished because the point is you want these things to be public and seen widely" -- before asking if there would be a way to create a rule that police could search "those apps that, in fact, don't have an air of privacy about them."

Even Roberts's argument about accessing publicly posted information doesn't seem to be making a lot of sense -- which isn't entirely surprising considering the court's previous problems with technology concepts -- mostly because if something is already public, there would be no need for law enforcement to use an arrestee's device to access it.