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this post was submitted on 23 Oct 2024
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How is this not a warrantless search?
Because a carrier's data on you is not your person or belongings. The companies holding this data are selling access to it, so it's not being searched, it's being offered.
In other words, the same reason as why they don't need a search warrant if there's a breaking and the business across the street volunteers their security camera footage, even if you're on that footage.
Courts have actually said that looking back at someone's location data counts as a search and requires a warrant. There's currently a lawsuit recently filed by the institute for justice aledging that the use of flock safety license plate readers is unconstitutional because it's a warrantless search.