• Unreasonable search and geofencing back at Supreme Court

    From Adam H. Kerman@3:633/10 to All on Mon Apr 27 12:01:53 2026
    Today, 4/27/2026, the Supreme Court with hear arguments in Chatrie v.
    United States, about police use of geofence warrants to sweep up massive amounts of location data justified to a judge that a crime occured and
    we need to know everyone's location in the immediate vicinity of the
    crime in case one of them was the perpetrator.

    It's not a problem for anyone else as if they are innocent, they have
    nothing to hide from police, right?

    There are several problems. We used to have Supreme Court justices like
    Kennedy and Scalia who were skeptical of modernizing 18th century
    concepts of privacy and liberty in light of police use of modern
    technology. I forget the case, but the two of them voted against
    allowing police to search the interior of a building without a warrant,
    without setting foot on the premisis, using industrial infrared
    technology.

    But we've long had decisions that searches of third-party records, like
    a telephone company's call data, was not a privacy violation.

    Google knows everything. In this case, the briefs touch upon who has
    location services enabled in one's cell phone and, therefore, has no
    reasonable expectation of privacy. But Google doesn't like it because to
    comply with a geofence warrant, they must search billions of records to
    find the ones covered by the warrant, so it's not merely searching a
    limited number of records any more.

    Also, private companies simply broker massive amounts of location data
    that was not collected based on whether location services are enabled.
    Location services aren't voluntary anyway. A user could disable it but
    it could be re-enabled without consent. But data brokers are selling to
    police location data from cell tower telemetry and triangulation, since
    this is exactly how cell phones work. It's a really good location
    estimate and sometimes gives near real time information.

    We know ICE and CPB use it to find the location of cell phones of aliens
    that they would target.

    No matter what the ruling here is, the genie is already out of the
    bottle and there is too much personal data for sale for there to be any
    privacy from anyone who buys it, whether it's criminals, marketers, or
    police.

    https://www.npr.org/2026/04/27/nx-s1-5777656/supreme-court-geofence-warrants https://www.scotusblog.com/2026/04/digital-location-data-heads-back-to-the-supreme-court-/

    --- PyGate Linux v1.5.14
    * Origin: Dragon's Lair, PyGate NNTP<>Fido Gate (3:633/10)
  • From shawn@3:633/10 to All on Mon Apr 27 09:16:58 2026
    On Mon, 27 Apr 2026 12:01:53 -0000 (UTC), "Adam H. Kerman"
    <ahk@chinet.com> wrote:

    Today, 4/27/2026, the Supreme Court with hear arguments in Chatrie v.
    United States, about police use of geofence warrants to sweep up massive >amounts of location data justified to a judge that a crime occured and
    we need to know everyone's location in the immediate vicinity of the
    crime in case one of them was the perpetrator.

    And if none of them were the perpetrator do they expand the geofence?
    What's the maximum size a judge should allow? Limited only by the
    ability of the police to work through the data?

    It's not a problem for anyone else as if they are innocent, they have
    nothing to hide from police, right?

    That's the same argument I see being made for all of the Flock
    cameras. A year ago there was only one across the street from my place
    that had been there for years. Now I was looking around and there are
    at least five of them watching the streets within a half mile of me.
    That doesn't count the ones at the Home Depot or other businesses.

    But we have nothing to hide, right? It's not like they ever get
    anything wrong like misreading someone's license plate and thinking
    the driver has a warrant for their arrest when they don't.

    There are several problems. We used to have Supreme Court justices like >Kennedy and Scalia who were skeptical of modernizing 18th century
    concepts of privacy and liberty in light of police use of modern
    technology. I forget the case, but the two of them voted against
    allowing police to search the interior of a building without a warrant, >without setting foot on the premisis, using industrial infrared
    technology.

    But we've long had decisions that searches of third-party records, like
    a telephone company's call data, was not a privacy violation.

    Google knows everything. In this case, the briefs touch upon who has
    location services enabled in one's cell phone and, therefore, has no >reasonable expectation of privacy. But Google doesn't like it because to >comply with a geofence warrant, they must search billions of records to
    find the ones covered by the warrant, so it's not merely searching a
    limited number of records any more.

    What person thinks about or even knows that their location is
    available to anyone with access to that information?

    Also, private companies simply broker massive amounts of location data
    that was not collected based on whether location services are enabled. >Location services aren't voluntary anyway. A user could disable it but
    it could be re-enabled without consent. But data brokers are selling to >police location data from cell tower telemetry and triangulation, since
    this is exactly how cell phones work. It's a really good location
    estimate and sometimes gives near real time information.

    That's one of the main problems with the Flock cameras. Turns out they
    are recording all the time and that information is available online.
    Worse, much of it is available for anyone to see. Live or
    pre-recorded.

    We know ICE and CPB use it to find the location of cell phones of aliens
    that they would target.

    No matter what the ruling here is, the genie is already out of the
    bottle and there is too much personal data for sale for there to be any >privacy from anyone who buys it, whether it's criminals, marketers, or >police.

    https://www.npr.org/2026/04/27/nx-s1-5777656/supreme-court-geofence-warrants >https://www.scotusblog.com/2026/04/digital-location-data-heads-back-to-the-supreme-court-/

    --- PyGate Linux v1.5.14
    * Origin: Dragon's Lair, PyGate NNTP<>Fido Gate (3:633/10)
  • From BTR1701@3:633/10 to All on Mon Apr 27 18:11:37 2026
    On Apr 27, 2026 at 6:16:58 AM PDT, "shawn" <nanoflower@notforg.m.a.i.l.com> wrote:

    On Mon, 27 Apr 2026 12:01:53 -0000 (UTC), "Adam H. Kerman"
    <ahk@chinet.com> wrote:

    Today, 4/27/2026, the Supreme Court with hear arguments in Chatrie v.
    United States, about police use of geofence warrants to sweep up massive
    amounts of location data justified to a judge that a crime occured and
    we need to know everyone's location in the immediate vicinity of the
    crime in case one of them was the perpetrator.

    And if none of them were the perpetrator do they expand the geofence?
    What's the maximum size a judge should allow? Limited only by the
    ability of the police to work through the data?

    It's not a problem for anyone else as if they are innocent, they have
    nothing to hide from police, right?

    That's the same argument I see being made for all of the Flock
    cameras. A year ago there was only one across the street from my place
    that had been there for years. Now I was looking around and there are
    at least five of them watching the streets within a half mile of me.
    That doesn't count the ones at the Home Depot or other businesses.

    Well, that's actually the point, isn't it? Every time you step out of your house, you're on so many cameras-- from people's doorbells to every single business on every street-- that complaining that any one of them violates your privacy is close to nonsensical.



    --- PyGate Linux v1.5.14
    * Origin: Dragon's Lair, PyGate NNTP<>Fido Gate (3:633/10)
  • From Adam H. Kerman@3:633/10 to All on Tue Apr 28 00:35:04 2026
    BTR1701 <atropos@mac.com> wrote:
    Apr 27, 2026 6:16:58 AM PDT, shawn <nanoflower@notforg.m.a.i.l.com>:
    Mon, 27 Apr 2026 12:01:53 -0000 (UTC), Adam H. Kerman <ahk@chinet.com>:

    Today, 4/27/2026, the Supreme Court with hear arguments in Chatrie v. >>>United States, about police use of geofence warrants to sweep up massive >>>amounts of location data justified to a judge that a crime occured and
    we need to know everyone's location in the immediate vicinity of the >>>crime in case one of them was the perpetrator.

    And if none of them were the perpetrator do they expand the geofence? >>What's the maximum size a judge should allow? Limited only by the
    ability of the police to work through the data?

    It's not a problem for anyone else as if they are innocent, they have >>>nothing to hide from police, right?

    That's the same argument I see being made for all of the Flock
    cameras. A year ago there was only one across the street from my place
    that had been there for years. Now I was looking around and there are
    at least five of them watching the streets within a half mile of me.
    That doesn't count the ones at the Home Depot or other businesses.

    Well, that's actually the point, isn't it? Every time you step out of your >house, you're on so many cameras-- from people's doorbells to every single >business on every street-- that complaining that any one of them violates your >privacy is close to nonsensical.

    I have no Fourth Amendment privacy protection from cameras, but I have a
    First Amendment right to complain, even if my complaint falls upon deaf
    ears.

    What are your thoughts on geofence warrants and the burden upon the conglomerates that aggregate so much data to comply with the warrant?

    We've become China, haven't we.

    --- PyGate Linux v1.5.14
    * Origin: Dragon's Lair, PyGate NNTP<>Fido Gate (3:633/10)