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Police bypass Supreme Court geofence ruling via data brokers

Jul 19, 2026Summary from 2 podcasts.
  • Supreme Court requires warrants for geofence data, affirming digital privacy rights.
  • Police now buy real-time location data from private brokers, sidestepping the Fourth Amendment.
  • Unregulated data markets create a backdoor to mass surveillance.

The Supreme Court ruled 6-3 that geofence warrants constitute a search under the Fourth Amendment. Police can no longer vacuum up location data from tech companies without probable cause. Justice Elena Kagan compared constant tracking to wearing an ankle monitor - unreasonable by constitutional standards.

The decision, covered on Behind the Bastards, marks a reversal of the third-party doctrine, which held that users waive privacy by sharing data with companies. With phones now essential, the Court acknowledged that location trails aren’t voluntarily surrendered.

But the legal win is being hollowed out. The next day, Rabbit Hole Recap detailed how law enforcement bypasses the ruling. Agencies buy real-time location data from brokers like Weblock, which harvest device IDs and GPS pings through advertising APIs.

Cooper Quentin of the EFF notes these transactions are treated as commercial purchases, not searches. That means no warrant is required. Federal efforts like the Fourth Amendment Is Not For Sale Act have stalled, leaving the loophole wide open.

"The government can now buy the surveillance it's forbidden from demanding."

- Cooper Quentin, Behind the Bastards

This shadow market thrives because data never stops flowing. Even as Google moves location storage on-device to resist warrants, ad tech continues broadcasting user coordinates. Brokers aggregate and resell it - clean, timestamped, and ready for police use.

The system isn’t broken. It’s working as designed. Without federal regulation, the line between public and private surveillance is just a price tag.

"Users aren't 'voluntarily' sharing their trails. They're just trying to use an app."

- Cooper Quentin, Behind the Bastards

Source Intelligence

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It Could Happen Here Weekly 241Jul 18

Also discussed on this episode: (23)

Regulation (7)

  • Cooper Quentin and Garrison Davis explain that geofence warrants request identity data from tech companies, typically Google, for phones located within specific geographic coordinates during a defined time period.
  • On June 29, the Supreme Court ruled 6-3 that police accessing geofence location data constitutes a 'search' under the Fourth Amendment, subjecting the practice to constitutional protections.
  • Garrison Davis clarifies the Court did not rule geofence warrants are inherently unreasonable but affirmed an individual's 'reasonable expectation of privacy' in cell phone location records, leaving the ultimate reasonableness to be determined by the Fourth Circuit.
  • The case originated from a 2019 bank robbery where police used a geofence warrant for devices within a 150-meter radius, narrowing 19 anonymous users to 3 identified individuals for arrest.
  • The ruling builds on *Carpenter v. United States* (2018), which mandated warrants for cell site location information, and *United States v. Jones* (2012), which found GPS vehicle tracking a Fourth Amendment search, with Justice Kagan emphasizing new technology should not diminish privacy expectations.
  • The Fourth Circuit will now reassess the geofence warrant's reasonableness, scrutinizing its scope, particularly the discretion given to police in narrowing suspects from a broad dragnet, and reconsider the 'good faith exemption' in light of the Supreme Court's new insights.
  • Cooper Quentin, referring to the EFF's Rayhunter project, observes that the *Carpenter* ruling led law enforcement to largely seek warrants for cell site simulators (stingrays), reducing their use for mass surveillance at protests.

Big Tech (1)

  • Cooper Quentin notes Google no longer technically responds to geofence warrants, having changed its location history storage to user devices, a rare positive step for the company.

Privacy (1)

  • Cooper Quentin highlights the 'data broker loophole' where law enforcement buys advertising location data from companies like PenLink (Weblock) without a warrant, circumventing Fourth Amendment protections.

Sports (1)

  • Dan Al-Kurt notes that FIFA is a problematic organization, citing instances like a Somali referee and the head of the Palestine Football Association being denied entry to the US for the World Cup.

Middle East (1)

  • Despite not qualifying, Palestine was widely visible at the 2022 World Cup in Qatar, dubbed the '33rd team,' with fans from various nations displaying flags and chanting 'Free Palestine.'

Diplomacy (2)

  • Moroccan players held up Palestinian flags after historic wins, a gesture contrasting with their government's 2020 Abraham Accords with Israel, which included US recognition of Moroccan sovereignty over Western Sahara.
  • Dan Al-Kurt explains that the 2020 Abraham Accords, deeply unpopular with the Arab public, highlighted a disconnect between governments and their citizens, with 88% of Arabs across 13 countries opposing normalization before the accords, two-thirds citing the occupation.

Society (1)

  • Qatar Youth Opposed to Normalization (QAYON), founded in 2011 and led by Qatari women, strategically organized visible pro-Palestine solidarity at the World Cup, employing tactics like a kafia armband and chants at the 48th minute (referencing the 1948 Nakba).

Labor (7)

  • The 'Fire Your Boss' tour features IWW (Industrial Workers of the World) branches nationally coordinating local events to promote their union and its decentralized organizing philosophy.
  • Daniel explains the IWW organizes workers across an entire industry, rather than by trade, aiming for a single, comprehensive union that includes diverse workers, excluding only management, law enforcement, or active military personnel.
  • The IWW's organizing strategy, according to Reisa, focuses on service workers and other sectors often ignored by traditional unions, providing an alternative for those most in need of collective action.
  • Daniel emphasizes the IWW teaches workers direct action and shop floor organizing, empowering them to make changes in their workplaces rather than relying on politicians or union bureaucrats, aligning with the philosophy of 'industrial democracy.'
  • Daniel notes the NYCIWW 'Fire Your Boss' tour stop will be at Woodbine in Manhattan on August 22nd at noon, offering free lunch to attendees.
  • Daniel praises Stardust Workers United, an NYCIWW shop, for successfully using direct action to negotiate issue-by-issue with management without a formal contract or relying on state enforcement, demonstrating a 'revolutionary break from the state.'
  • Daniel and Reisa contend that relying on state protections and a 'service model' for unions has weakened the labor movement, advocating for a return to militant, worker-led methods as a necessary alternative.

History (1)

  • In its heyday, the IWW had nearly half a percent of all US workers, with estimates suggesting over a million members in the 1910s, but faced government suppression.

Education (1)

  • Tabby highlights the IWW's 'OT101: Building the Committee,' a two-day training course that teaches workers how to build a union from scratch, focusing on genuine relationships and direct action rather than transactional card-check campaigns.

RABBIT HOLE RECAP #418: BRAVE NEW WORLDJul 17

  • China formed a UN-backed AI cooperation organization with 29 countries, including Russia, Belarus, Serbia, Cuba, Brazil, Venezuela, and others across Africa and Asia.
  • Stephen Miller announced a National Security Presidential Memorandum (NSPM 7) directing agencies to identify, debank, arrest, and prosecute left-wing political terrorists, framing the DSA's use of Democratic primaries as a Trojan horse for revolution.
  • The Human Rights Foundation reported Burma's military junta froze over 100 bank accounts of companies and summoned individuals for questioning.
  • Truth Social plans to sell faster API access to Trump's market-moving posts, creating a monetization strategy where paid users can front-run public announcements.
  • Gabriel Perez, Trump's teleprompter operator, settled allegations he used inside knowledge of speech content to win over $100,000 on Kalshi's prediction markets.
  • The Federal Reserve formed task forces including Mark Andreessen and Asha Sharma to assess AI's economic impact, announced the same day Microsoft laid off 10% of its Xbox workforce.
  • The .me registry suspended Telegram's t.me domain because a sanctioned VPN provider had a channel there, restoring it only after Telegram removed the account.
Also discussed on this episode: (9)

Protocol (6)

  • Connor Brown explains the Bitcoin Policy Institute intervened as a defendant in a lawsuit claiming dormant Bitcoin addresses as abandoned property, using BPI's long-term treasury as an example of non-dormant institutional holdings.
  • Sam Lyman's research for BPI on CCP influence in US anti-data center campaigns gained significant attention, being featured on the front page of the New York Times.
  • BPI made its quarterly report public for the first time, highlighting activities from April to June 2026.
  • Anchor Watch launched multi-institution custody with Coin Corner and Lloyd's insurance, offering users a custodial solution where three separate institutions hold keys to mitigate single-point failure.
  • Bitcoin's current price is $63,410 with a $1.27 trillion market cap, and the network is 1,181 blocks from a difficulty retarget estimated at a -0.7% adjustment.
  • Mempool transaction fees are low, with 2 sats/vbyte for high priority and 0.2 sats/vbyte for no priority currently clearing next blocks.

Lightning (2)

  • A Zeus and Axiom report on Lightning economics shows Olympus achieved a 4.65% return on invested capital over the trailing twelve months, comparable to treasury yields.
  • The report also details using Validating Lightning Signer (VLS) to separate node operation from key custody, allowing professional routing management without surrendering fund control.

Stablecoins (1)

  • Nunchuck Android 2.7.1 added self-custodial USDT on Liquid, noted as the most private Tether option due to confidential transactions hiding amounts and asset types.