[otterley]

From what I understand, this isn’t so much a “dragnet” operation involving combing through mass quantities of records on demand; it’s more like “this person is in public in my field of view, and I want to know who they are.”

More importantly, though, the cases so far have focused on the investigative activity that follows once a suspect has been identified. Here, we’re talking about de-anonymization: identifying one or more individuals who occupy a public space. AFAIK, the Court has never established a reasonable expectation of privacy of one’s identity in public. That will be a steep hill to climb.

[bakies]

I don't have to identify myself to police where I live. That's why, in my opinion, this is an unreasonable use of technology. I'm not sure what qualifies under the fourteenth but force-ably identifying me when I don't want to be and not required to seems unreasonable.

[otterley]

In the U.S., current law holds that for a law enforcement officer to stop and request identification, the officer needs at least some sort of articulable basis for doing so (Terry stop). The key word here, though, is “stop.” Electronic surveillance of a public space, though, involves stopping nobody. It’s not clear to me that passive identification involves either a “search” or “seizure” within the traditional meaning of the 4th Amendment. We’ll see what the courts think, though.