The federal government not long ago argued that it could, without a warrant (and obviously without explicit consent from users), compel carriers to turn over location data to it. And now it’s saying that those carriers can’t sell location data to others without explicit consent from users.
That’s a slight misrepresentation. Your claim implies a level of scandalousness that doesn’t exist, which is my point.
The FBI received judicial authorization to Carpenter’s historic CSLI data for a limited timeframe re the Stored Communication Act. Federal Magistrates so ordered the data released to the FBI.
The burden of proof under the SCA is merely reasonable suspicion.
SCOTUS ruled the judicial authorization under the SCA applying the lower level reasonable suspicion was insufficient and required a warrant based on probable cause.
In both scenarios the government was obligated to seek judicial authorization. I don’t see that as hypocritical.
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