Originally Posted by BigChiefTablet
I came to the conclusion that it was illegal when I read the Fourth Amendment. I came to the conclusion that the Patriot Act was Illegal the same way. The fact that our government has written down words on paper and voted on illegal laws does not make them any less illegal.
I think a more accurate statement would be that it SHOULD be illegal. Under current US law and Supreme Court interpretation of the 4th, it isn't illegal.
The issue comes down to 2 things in my book.
#1 The Supreme Court is going to have to go back and look at the whole "third part" exception in light of new technology. As we move forward, more and more communication will require a 3 rd party and effectively eliminate any privacy protections we once had.
#2 We need to decide how much liberty we are willing to give up for safety. I am on the far extreme that thinks you better have a damn good reason for taking away even the slightest liberty. For example, I think seat belt laws are a ****ing disgrace. But if we as a society insist that safety is paramount... then I think we need to at least put some legal safeguards in place. One simple solution would be to keep the automated data collection but to anonymize it and require a court order to attach the data to specific people.