[Cryptography] Hayden on encryption v. metadata

[Jerry Leichter]

>> Anyone who voluntarily uses a device whose inherent function requires
>> continuous connectivity has no, repeat no, reasonable expectation
>> of not being tracked.
> 
> "reasonable expectation of privacy" may still be a thing in the US context. It is not a terribly relevant criterium in most of the rest of the industrialized world...
Do you want to talk about legality or about reality?

Yes, we need to provide much better protections for privacy in the legal domain, especially in the US - though frankly I don't know any part of the world that's immune.  (I know many European nations want to feel holier than though, but look at what they are doing to themselves post-Brussels.  Fear is a great motivator; unfortunately, what it motivates is rarely based on much thought about consequences.)

But the *reality* is exactly as Dan has stated it:  By using something that keeps you connected continuously, you're inherently making yourself continuously trackable.  Bug?  Feature?  Both!  When it serves you - feature.  When it serves someone who means you harm - bug.  When it serves someone who wants to give you a good deal based on your location outside their store - well, it depends.

I'll agree that Dan should probably not have used the legal phrase "reasonable expectation of privacy", with all the freight it brings with it.  Rephrase it as:  It's unreasonable to expect privacy if you're carrying a continuously connected device around with you and it's a truism.
                                                        -- Jerry