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You're confusing the technology used in Jones with the principle Carpenter cited it for: a person can have a 4A privacy interest in the whole of their physical
by text0404 17d ago
You're confusing the technology used in Jones with the principle Carpenter cited it for: a person can have a 4A privacy interest in the whole of their physical movements, including movements in public.
- Manuel_D 17d agoAnd for the second time, you're trying to dodge the distinguishing factor between Jones and Flock. The former tracked movements in public and in private. The latter, only in public. That, and the Jones case involved the police accessing someone's vehicle without a warrant. You seem to be under the impression that the opinion of the court in the Jones was that everyone's public movements are private and the police need a warrant to track your public movements through and any all means. But that was not the decision of the court. The police and still just follow you, Jones notwithstanding. You can desire your public movements to be protected by the Fourth amendment all you want, but that does not make it so.
- text0404 17d agoI'm not claiming Jones held that cops need a warrant to visually follow someone on a public street. The point you're avoiding is that Carpenter expressly cited Jones for the proposition that people have a fourth amendment interest in the "whole of" their physical movements, and distinguished ordinary observation from technologically enabled, comprehensive tracking. Just because the camera is in public doesn't make it permissible. And maybe it wasn't the decision in Jones, but Carpenter specifically cites Alito's concurrence for the proposition that a person has a 4A privacy interest in aggregation of movement data and describes GPS tracking in Jones as raising those privacy concerns.
- Manuel_D 17d agoAs I've repeatedly explained, the Carpenter decision was narrowly scoped to cell phone location data. The decision did not do anything to restrict other forms of monitoring. The idea that Carpenter restricts governments' ability to video record public spaces is entirely your own invention. https://news.ycombinator.com/item?id=49632990 https://news.ycombinator.com/item?id=49632990 https://news.ycombinator.com/item?id=49630733 https://news.ycombinator.com/item?id=49630733