A victory for us... (Supreme Court ruling on warrantless wireless tracking devices)

[lopri]

Oh and the ruling is NOT a victory of any kind for us. The majority opinion actually attempts to narrow the "reasonable expectation of privacy." Scalia wrote that installing GPS device constituted trespass requiring a search warrant. But once a warrant is obtained the long-period monitoring is justified. Being true to himself, he suggests that is so because the same might have been true for a 18th century "constable." (sigh)

In the years ahead, governments will not need to physically intrude upon one's persons, properties, papers, or effects in order to obtain information that can be used against individuals. Something like a crude combination of Google + Google Earth + Thermal sensors + GPS will enable the government to learn about your habits, whereabouts, spending, or even beliefs. The concurrence by justice Alito (plus the liberals) grapples with this possibility but does so without any confidence. This is understandable since we do not know where the technology is headed and what kind of revolutionary technology the future holds.

 

[cybrsage]

If a warrant is obtained, it meets the requirements of the Constitution.

 

[lopri]

Except that, unlike searches on persons or homes, a warrant for GPS installation will be carried out without your knowledge. Thus, theoretically the government can follow you around 24/7 for years to come, without your knowledge.

But my point wasn't even that. At some point in future, search warrant may not be necessary for government to obtain enough information to press charge, thanks to all the technology.

All these technology could provide increased convenience or security at the expense of privacy, and many people may find the tradeoff worthwhile. (I see a lot of folks with positive opinions on Valve's Steam service) And even though I do not welcome the diminution of privacy that new technology entails, this development is perhaps inevitable and resistance is futile.

The bottom line is that we don't know what a "reasonable expectation of privacy" will be in the future.

 

[cybrsage]

Except that, unlike searches on persons or homes, a warrant for GPS installation will be carried out without your knowledge. Thus, theoretically the government can follow you around 24/7 for years to come, without your knowledge.

The police can search your home without you being there if they have a warrant. The police can tap your phone without telling you if they have a warrant. These things have been known and accepted for a VERY long time. Now, we have ensured that tracking you via an attached GPS cannot happen unless they have a warrant...but they still do not need to TELL you they are secretly tracking you.

But my point wasn't even that. At some point in future, search warrant may not be necessary for government to obtain enough information to press charge, thanks to all the technology.

All these technology could provide increased convenience or security at the expense of privacy, and many people may find the tradeoff worthwhile. (I see a lot of folks with positive opinions on Valve's Steam service) And even though I do not welcome the diminution of privacy that new technology entails, this development is perhaps inevitable and resistance is futile.

The bottom line is that we don't know what a "reasonable expectation of privacy" will be in the future.

Very true.

 

[Doppel]

woot.

now they need to rule that you can record cops.

Ruling is great and I agree 100% with you on this.