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As I quoted before: > A person does not surrender all Fourth Amendment protection by venturing into the public sphere. To the contrary, “what [one] seeks to p
by text0404 17d ago
As I quoted before:
> A person does not surrender all Fourth Amendment protection by venturing into the public sphere. To the contrary, “what [one] seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.”
This would still be an issue even if they weren't recorded in private spaces. At issue here is the reconstruction of data, regardless of if it happened in public or private spaces.
- Manuel_D 17d agoPicking out one quote doesn't change the fact that the ruling in Carpenter was narrow, limited to cell phone location information. You're just wrong about the scope of Carpenter, and unwilling to accept that fact.
- text0404 17d agoYou're focused on the narrowness of the final ruling and not the vast legal reasoning that led to it. Carpenter's reasoning concerning comprehensive records of an individual's movements (regardless of private or public) are relevant when LE uses aggregated Flock data to reconstruct a person's movements over an extended period.
- Manuel_D 17d agoExcept the narrowness of the final ruling is exactly what makes it not impact the legality of Flock. It doesn't matter whether you think the courts decision should be extended to cameras - your opinion doesn't decide the law, the court's opinion does.
- deleted 16d ago[deleted]
- text0404 16d agoExcept what I'm discussing is why the court went with that decision and how that reasoning applies to modern technology like Flock cameras. Your original argument was that cameras are in public and location data is private and includes private data, and the distinction is that you have no expectation of privacy in public. The court doesn't agree, and they've explicitly pointed out that 4A still applies when someone is being monitored and tracked in public.
- Manuel_D 16d ago> The court doesn't agree, and they've explicitly pointed out that 4A still applies when someone is being monitored and tracked in public. Only when that tracking is done via cell phone location information. The Carpenter decision did not apply this to all forms of public monitoring. You keep ignoring the fact that the decision was narrowly scoped to cell phone location data, and continue to erroneously claim that it applied to public tracking in general.