alt Hacker NewsWhat's the difference between police looking up geofence data for the bank before and after a robbery to see who was there, and checking the bank's outdoor cameras to see what license plates were there?
Replies
In addition to the scope and specificity arguments, there is also the reasonable expectation of privacy. Geofence warrants catch up a ton of innocent citizens and violate their 4th amendment right to be secure in their persons and papers.
Outdoor cameras around a bank, and license plates both have their own justifications. Outdoor cameras surveillance is in an area with no reasonable expectation of privacy. License plates are mandated for liability and anti-theft purposes. Your personal phone is both private and has no other pre-textual reason for law enforcement to access it.
The difference is ubiquitous surveillance, which is well known to lead to false positives and inhibits freedom and protest. A world where we are all under surveillance and people actually want to increase it is not a free world.
The bank doesn't have access to my phone's camera
A bank's cameras cannot see into private spaces in unrelated buildings as is the explicit situation in this case where most of the people caught in the general dragnet were inside a church some distance away. And to be clearer, the data search is being done on the GPS recordings of personal property (not basestation multi-lateration records). This is the private space being searched. It's like if you carried around a journal and wrote down everywhere you went. Now the government is arguing they can draw arbitrary large general regions and read everyone's personal diary even in situations without any exigency.
Well, one is a search and seizure of data about a great deal more people from a third party that is not the victim.
One would be scope. There's a big difference between a security camera next to a secure facility (bank, police evidence facility, school) and a 1 mi radius circle around that facility. Security cameras around a bank only track stuff within a field of view from the bank. A cell geofence could be millions of people if it's drawn in midtown.
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.