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by throwaway35784 2396 days ago
Why don't laws about installing a gps tracker on a car apply to installing a gps tracker on my person?

Facebook is exactly breaking the law at least in many states.

Its so clearly illegal and wrong. I really don't understand why someone doesn't stop them.

Can I form a corporation, employ myself, then act with impunity too?

3 comments

The 4th amendment guarantees protection against unreasonable search and seizure by the government.

Wiretaps can (depending on state) takes hundreds of pages of paperwork, and months of documentation and review, before they get approved. But if you work for a company, and they tell you that they are monitoring phone calls made from company phones, you just have to deal with it.

What does the 4th amendment say about non law enforcement persons installing a GPS tracker on my car.

Can I go and buy a gps tracker and install it on your car? If not, why is Facebook or Google or whoever allowed to install one on my phone?

It had nothing to do with the 4th amendment. I can buy a GPS tracker on amazon right now. You don't have to be a cop to install a tracker.

Depending on where you are, there may be laws regarding stalking. The problem is that you “consented” (agreed) to the TOS when you signed up.
Facebook tracks you even if you don't have a Facebook account though. And if I signed up in 2009 did I really agree to sharing location data on a smart phone in 2019??

Completely aside I'm finding how much data my Android phone shares extremely intrusive.

You may have an argument if you never signed up, but if you did, you agreed (when checking the “I agree to the TOS” box) that Facebook can make changes to their TOS and you agree to the new changes. Basically, Facebook can change their terms at any time and there’s jack squat you can do about it if you want to keep using the site.
> Can I form a corporation, employ myself, then act with impunity too?

Pretty much, although you won't be very popular

Single-member corporations provide little legal protection. Piercing the corporate veil is pretty easy if the corporation can be shown to be operating merely as a proxy for a single person.
Facebook is not equivalent to law enforcement (not yet anyway). You don't have to use or have a Facebook account. You also don't have to have the app installed on your phone.
Why is everyone answering the question like I'm talking about the police? Is it legal for any person off the street to install a GPS tracker on someone else's car?
IANAL.

Technically probably not at the moment, but this would affect the notion of intent and increase penalties if you used this information to commit another crime, like murder, burglarly, etc.

Is it illegal for me to stand in the public street outside of your house and note when you arrive and leave and other observable-from-public factors?

Honestly you bring up a good point. We definitely need an update to our laws to specifically address privacy. The Constitution was written when people lived tens or even hundreds of miles from each other.

Not for any random person, but it certainly can happen with your "consent" as part of some terms and conditions - for example, a car manufacturer or a financing company that's handling your leasing or a car service shop certainly might install a GPS tracker in your car.

And wasn't it just recently in the news that all major USA cell phone providers are selling your location tracking data to third parties?