" ... Here, the DC court determined that continuous tracking for a period of over a month did violate a reasonable expectation of privacy—and therefore constituted a Fourth Amendment search requiring a judicial warrant—because such intensive secretive tracking by means of public observation is so costly and risky that no reasonable person expects to be subject to such comprehensive surveillance ... "This is further discussed in considerable length and detail at Volokh (quoted above) and in Cato. I am no lawyer, but will this have any effect in the private sector, creating search from a mosaic of scans or recordings of GPS locations? Of course tracking does not typically involve a month of surveillance. Thoughts?
Thursday, August 12, 2010
Mosaic Theory of Search
Search here is the kind you would need a judicial warrant for, not a search-engine. I Have been involved in the use of a number of technologies like GPS and RFID which can determine the location of someone in a context. A colleague sent me a note about this new ruling, wondering if those kinds of capabilities could be considered a search? Depending on how much location data was saved and the duration of the tracking. I did not think so, but did some research, and found the below in a law blog (Volokh) where the decision is outlined, which is described in what they call a 'mosaic theory of search':
Labels:
Amazon,
Creativity,
Credit Cards,
loyalty,
RFID,
Surveillance
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment