TechDirt
Mike Masnick
Last year, we wrote about a (somewhat surprising, given similar rulings elsewhere) ruling by the appeals court for DC, saying that, while law enforcement could use a GPS device to track where you go on a trip, doing long-term, always-on monitoring went beyond the "reasonable expectation" of privacy, and was a 4th Amendment violation. This week, the Supreme Court heard the appeal on that case, and wondered whether or not such 24/7 monitoring was reasonable. The government's argument is simply that when you're traveling in public, it's public, and so there's no expectation of privacy. But, it sounds like the Justices recognize a rather problematic slippery slope developing around this argument:
Mike Masnick
This argument seemed to alarm several of the justices. "If you win this case then there is nothing to prevent the police or the government from monitoring 24 hours a day the public movement of every citizen of the United States," Justice Breyer said. "And no one, at least very rarely, sends human beings to follow people 24 hours a day. That occasionally happens. But [...]
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