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US Supreme Court rules geofence warrants require constitutional protections

theguardian.com

191–200 of 311 posts

Re: US Supreme Court rules geofence warrants require constitutional protections

#191

Earlier quoted context omitted.

The court is legitimate by every measure, regardless it it matches your political views. Starting the contrary is honestly extremism.

It's extreme to expect them disclose "donations"?

Calling part of the government illegitimate is a very slippery slope to justifying trying to overthrow said government. You can say they are corrupt, you can disagree with policies, but saying illegitimate is cause for extreme responses.

Re: US Supreme Court rules geofence warrants require constitutional protections

#192

Earlier quoted context omitted.

Baitposting followed by rudeness and aggression makes for a poor discussion.

It wasn't bait posting at all. It was a question for critical thinking. The rude was started with the response to that question. If you think you can tell me what I can do in my own place, you'll get a rude response as well. Where do you get off telling me what I can/cannot do in my private place?

[dead]

Re: US Supreme Court rules geofence warrants require constitutional protections

#194
There are actual cases of false murder accusations occurring simply because the wrongly accused person simply happened to be within X number of meters of the crime scene. They simply walked past the wrong place at the wrong time with their phone.

This is partly why I use GrapheneOS.

Re: US Supreme Court rules geofence warrants require constitutional protections

#195
post #174

Earlier quoted context omitted.

I suspect the argument against that would be that you contract with the cell service provider and so have a colorable interest as a party to said contract. In contrast you have no such contractual relationship with Flock, and if your government contracted with them on your behalf your remedy is to vote harder.

According to the ruling, the exposure of your location history is the automatic price of conventional cell-phone usage—which, just as Carpenter noted, is a "pervasive and insistent part of daily life." If we can't step out of our houses or drive to the doctor without that fact getting placed into a searchable database, then I'd argue that it qualifies as a "pervasive and insistent part of daily life."

You are missing the point. It's not that Flock cameras are not intrusive (they are, I fully agree) but that your contract with the cell service company gives you some legal standing to claim you were injured. If your municipality erects flock cameras and you don't like them, you don't have standing in the same way because a) you are not a customer of flock with contractual rights that can be enforced, and b) elected officials are legally authroized to do things because they won political office via election. So unless you discover they were bribed by Flock or engaged in some other corrupt activity, you don't have the legal standing to complain about a policy outcome you dislike.

Re: US Supreme Court rules geofence warrants require constitutional protections

#196
post #74

Earlier quoted context omitted.

> If it is reasonable to have your privacy in a public place I don't think it's reasonable to have privacy in a public place. All other arguments follow from there. What do you think should be "private" when you step outside your home?

I do. It's not the legal norm in the US, but in many countries you are still considered to have a right of privacy when you are outside your home. In Japan, for example, you can be sued for publishing photographs or video of street scenes without either securing permission or redacting the faces of passers-by.

> but in many countries

Which countries?

Re: US Supreme Court rules geofence warrants require constitutional protections

#197
post #160

Earlier quoted context omitted.

At the same time though, a bunch of people who know each other and the people allegedly involved could very easily share the same incorrect testimony. You wouldn't believe in bigfoot if 5 guys drinking beers swore they saw him while they were camping. Sending someone to prison or worse is much higher stakes. DNA evidence might be too extreme, but I'd expect some sort of evidence to back up a testimony. "What if the w…

Damn its almost as if juries exist to act as the sovereign so the violence which sustains the law can be vested in a general public that cannot be held accountable as a whole, similarly to how at least one member of a firing squad always has a blank.

I think the idea is to test (with the jury as a sample) if the evidence is compelling enough for society at large to agree with the verdict. It's rarely going to be 100% clear cut so the jury has to use their judgment.

Re: US Supreme Court rules geofence warrants require constitutional protections

#198

Earlier quoted context omitted.

What if the grocery store has a security camera pointed at the door that records 24/7? Should they not be allowed to do that?

Try walking around a grocery store with your phone and take a picture of every person you pass. See how they react. That's the expectation people have for privacy.

Reminds me of the "Surveillance Camera Man" project[1] from a while back, where a guy went around silently filming people in public. People didn't like it and some responded aggressively, even though those same people probably thought nothing of the numerous actual surveillance cameras pointing at them all the time.

1: https://news.ycombinator.com/item?id=46302860

Re: US Supreme Court rules geofence warrants require constitutional protections

#199

Earlier quoted context omitted.

What if the grocery store has a security camera pointed at the door that records 24/7? Should they not be allowed to do that?

I think they should be allowed to point it at places inside their store , with prominent disclosure to people entering. I don't think they should be allowed to point it at the public sidewalk.

If I see something weird going on outside my house, should I be allowed to take a picture of it?

If I decide to take a picture of what's going on outside my house for no reason at all, should that also be allowed?

if I decide to put a camera in my living room pointed out the window and record, should that be allowed?

If I decide to run a business out of my home, does that change anything?

Re: US Supreme Court rules geofence warrants require constitutional protections

#200
post #136

Earlier quoted context omitted.

Yes, this is the same argument used when the Biden admin during covid pressured the media companies to cancel people and news they did not like for "misinformation" instead of calling it censorship. This and LEOs buying data from Big Corp is just end-running the 1st and 4th amendments which is ultimately fascism.

The Biden administration both asked nicely for actual, factually incorrect information to be corrected by sites and pressured sites. They were taken to court over both, and they prevailed on the former and lost on the latter: the administration (any administration) is permitted to ask a site for a correction, and it is then truly at the site's discretion. They are not permitted to pressure them.

"Permitted" is doing a lot of work there.
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