The Supreme Court has a chance to keep Big Brother at bay

Nov 13, 2011 09:28

By David Cole, Published: November 11

The Supreme Court heard arguments last week in a case that asks what role the Fourth Amendment will play in the 21st century, when satellite systems, GPS devices and smartphones increasingly make it possible for the government to track our every move without human intervention. At stake is whether technology ( Read more... )

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bestdaywelived November 13 2011, 17:18:27 UTC
That's a huge distinction, actually. You aren't afforded privacy in your vehicle's movements, generally, since you're driving on streets. Attaching a GPS to your person would be a huge violation.

I think this article got a few things wrong, though.

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lexiloumarie November 13 2011, 16:40:55 UTC
I feel like this is one of those times technology is both a blessing and a curse.

On one hand, catching large scale criminal operations, yay! On the other, tracking and leaking scandalous information about government officials you don't like, or terrorizing average citizens? Ick times a million.

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bestdaywelived November 13 2011, 17:17:20 UTC
That's not a correct interpretation of Katz; in Katz, the problem was that they were listening to a conversation, which would only be achievable previously by entering the home. As of right now, searches that are substitutes for allowable forms of search are acceptable. GPS is fine because it's a substitute for tracking, generally. It depends on the jurisdiction.

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coolster November 13 2011, 21:59:29 UTC
Thank you for the clarification; I knew this article was written with a lot of hype, so I appreciate the more balanced explanation :)

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kitanabychoice November 14 2011, 02:09:17 UTC
The only thing I truly find problematic about this is how, if no warrant or court order is needed to prove that there's reasonable suspicion, people will be chosen to undergo this type of tracking.

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