Thursday, June 5, 2014
Orin Kerr has this post at The Volokh Conspiracy. In part:
I understand Bellovin’s argument to be that a mosaic could theoretically be created based on an analysis of seven days of tracking information. But it’s the analysis of the data that allegedly creates the mosaic, not the collection alone. So even if advances in computer science or even just intuition make a mosaic possible after seven days, I would think that whether a mosaic is created in any one case depends on how the location data is analyzed in that specific case. If there are ways of analyzing the data so that the government can’t make the search-triggering inferences while getting other information, then no search should occur under Bellovin’s legal standard even if the location data is collected indefinitely.