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From a legal perspective, I don't know if non-invasive data collection falls under a certain category. I know that authorities cannot enter my home and bug it o
by dkokelley 13y ago
From a legal perspective, I don't know if non-invasive data collection falls under a certain category. I know that authorities cannot enter my home and bug it or install cameras without a warrant. Authorities cannot install a camera in my bathroom to see if I am flushing away drugs, but can they ASK the water company to tap my pipe as it returns to wastewater management? The first action would require a warrant, since they are violating my home and person to obtain the information. If the same or comparable data are gathered through the cooperation of a third party, does that action still require a warrant?
I suppose the standard of 'non-invasive' is whether information is collected directly from my non-public activities (warrant certainly required) or from compliant third parties. Of course if the third party does not cooperate then a warrant will compel their cooperation.
I would argue that ANY data collection on a target should require a warrant issued by a judge for probable cause. So, indiscriminate collection of cell phone metadata would be prohibited, because my metadata is included, and there is no probable cause for surveillance against me.