Supreme Court Considers Constitutionality Of Having People Tracked By GPS All The Time

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:

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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