alt Hacker NewsOne would be scope. There's a big difference between a security camera next to a secure facility (bank, police evidence facility, school) and a 1 mi radius circle around that facility. Security cameras around a bank only track stuff within a field of view from the bank. A cell geofence could be millions of people if it's drawn in midtown.
Another would be incentives. There's no reason to collect cell location data for everyone if you aren't able to use it for anything. I think just the fact that we are all monitored constantly is its own violation of our rights. We should have laws banning these practices.
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>Security cameras around a bank only track stuff within a field of view from the bank. A cell geofence could be millions of people if it's drawn in midtown.
Given the ubiquity of security cameras they can just canvas local businesses and ask them to give it up. Given that warrants are involved, they can't even refuse.
Here's the text of the fourth amendment. Could you explain how "scope" and "incentives" are relevant distinguishing factors under that?
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
As relevant here, there's two pieces. The threshold requirement is some sort of ownership. The right exists with respect to "their persons, houses, papers, and effects." Assuming digital data constitutes "papers," the accused has to show that it's "their" papers. The hypothetical you're responding to compares the bank's camera footage with the cell phone company's location information. Those seem indistinguishable for that prong.
You have a reasonable argument that "scope" and "incentives" are relevant to the second prong of what's "unreasonable." But you don't get there if you don't get past the first prong, right?