They start with the desired decision and work backwards to justify it.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Cell location data belongs to AT&T and Verizon, not the accused individual. As to such third-party data, there's a general principle rooted in Roman law that third parties can be compelled to provide documents in their possession to aid a court proceeding: https://commerciallore.com/2015/06/04/a-brief-history-of-sub... ("In an early incarnation of mandatory minimum sentencing there were only two offences that automatically attracted the death penalty, treason and failing to answer a subpoena. Subpoenas as a tool of justice were considered so important that failing to answer it was a most egregious violation of civic duty. A person accused of murder may or may not be guilty, but if a person refused to answer a subpoena then they were seen as denying Jupiter’s justice itself.").
Those principles were incorporated into what's called the third-party doctrine half a century ago: https://en.wikipedia.org/wiki/Third-party_doctrine. But by then it was already an ancient principle.
There goes my fucking morning :P
With cameras going up everywhere, operated by the government and with AI enabled, I wonder if geofencing is the biggest privacy threat we have.
There's a cynical joke in the refrigeration/hvac industry to the tune of "it's good for the environment as long as DuPont has a monopoly on it/the 3rd world isn't making it" in reference to refrigerants' reliable pattern of being identified as bad for the environment and get regulated away right as they and the equipment that uses them become cheap.
Geofencing warrants and cell location data collection give me the same sort of vibes.
well then we know everyone who went to Epstein Island from their cellphone records
Congress must subpoena them ALL
especially the one that went all the way back to Trump Tower, who was it?
https://www.wired.com/video/watch/we-tracked-every-visitor-t...
Another would be incentives. There's no reason to collect cell location data for everyone if you aren't able to use it for anything. I think just the fact that we are all monitored constantly is its own violation of our rights. We should have laws banning these practices.
Given the ubiquity of security cameras they can just canvas local businesses and ask them to give it up. Given that warrants are involved, they can't even refuse.
This is the disaggregation of power of surveillance.
Sometimes a business will challenge a court order if it’s about their own customers, employees, owners, or business dealings. The information requested should be relevant to the investigation, minimal to be helpful, and create as little burden on the business as is practical.
Also, if you’re not the subject of the investigation it’s often a subpoena rather than a warrant. There are major differences between these types of order in the US. A subpoena is an order to produce the evidence. A warrant is an order that allows law enforcement to seize it, using force if needed. As someone who has dealt with law enforcement requests for business data about customers quite a bit in the past, it’s often a simple request first and a subpoena otherwise.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
As relevant here, there's two pieces. The threshold requirement is some sort of ownership. The right exists with respect to "their persons, houses, papers, and effects." Assuming digital data constitutes "papers," the accused has to show that it's "their" papers. The hypothetical you're responding to compares the bank's camera footage with the cell phone company's location information. Those seem indistinguishable for that prong.
You have a reasonable argument that "scope" and "incentives" are relevant to the second prong of what's "unreasonable." But you don't get there if you don't get past the first prong, right?
That explains the changes Google did to the Timeline and why you can't see it in the browser anymore. That is great from them actually.
Worth noting that Google has changed its practice since 2019, supposedly, to keep location data on device, not accessible to them. However I have little doubt the cellphone carriers are also available to provide this data. https://www.theverge.com/2024/6/5/24172204/google-maps-delet...
Governments rapidly turning data into a liability. Data is the new oil is out, data is the new toxic waste is in. The consumer sentiment continues to get worse and worse as it becomes clearer and clearer that we are being intruded upon at will. It would be excellent to see some progress, in expanding & respecting our human rights to privacy.
mothballed•56m ago
Detrytus•19m ago