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<blockquote data-quote="Dannyalcatraz" data-source="post: 7963554" data-attributes="member: 19675"><p>I’m a contracts lawyer, mainly, but even I can see the big problem with tracking has to do with freedom of assembly rights and the intersecting right to privacy. If the government can figure out where you are, they know who you are with. If they know THAT, they can curtail your right to free assembly “for reasons”.</p><p></p><p>The thing is there’s all kinds of case law that limits the ability of the government to collect that kind of data on precisely those issues. All kinds of organizations and private individuals have successfully fought to keep their list of known associates private, unless and until the government can show a legitimate reason for doing so AND obtaining a warrant for gathering such info. Some of those laws DO have exigent circumstances exceptions, but not all, and those that do are narrowly construed against the government.</p><p></p><p>A government tracking system would need t be “always on” to be of any real use. To satisfy current law, such data would have to be stored in an “inaccessible black box“ unless and until a warrant was obtained.</p><p></p><p>Even if that passed a sniff test and made it into law, the first instant that black box was breached, it’s likely the law would be challenged and invalidated. How would the government prove that it could prevent future breaches? (It can’t.)</p><p></p><p>So, in order to have a legal and effective tracking tool like this, you’d need a very carefully drafted Amendment negating the need for warrants to access the data.</p><p></p><p>And honestly, I don’t see that happening.</p></blockquote><p></p>
[QUOTE="Dannyalcatraz, post: 7963554, member: 19675"] I’m a contracts lawyer, mainly, but even I can see the big problem with tracking has to do with freedom of assembly rights and the intersecting right to privacy. If the government can figure out where you are, they know who you are with. If they know THAT, they can curtail your right to free assembly “for reasons”. The thing is there’s all kinds of case law that limits the ability of the government to collect that kind of data on precisely those issues. All kinds of organizations and private individuals have successfully fought to keep their list of known associates private, unless and until the government can show a legitimate reason for doing so AND obtaining a warrant for gathering such info. Some of those laws DO have exigent circumstances exceptions, but not all, and those that do are narrowly construed against the government. A government tracking system would need t be “always on” to be of any real use. To satisfy current law, such data would have to be stored in an “inaccessible black box“ unless and until a warrant was obtained. Even if that passed a sniff test and made it into law, the first instant that black box was breached, it’s likely the law would be challenged and invalidated. How would the government prove that it could prevent future breaches? (It can’t.) So, in order to have a legal and effective tracking tool like this, you’d need a very carefully drafted Amendment negating the need for warrants to access the data. And honestly, I don’t see that happening. [/QUOTE]
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