No Place To Hide: First Amendment Protection For Location Privacy

The privacy of a person's location has a practical component, as population pushes back wilderness and electronic sensors capture people's activities. Location privacy also includes a legal component, as law enforcement agencies press the courts for more rights to monitor citizens and more access into American private lives. So if a person is concerned about the privacy of his location, two important and intertwined questions must be addressed: 1) CAN a person act anonymously given the nature of surveillance technology improvements, and 2) does a person have a RIGHT to act anonymously under the laws of the land. As technology to constantly capture our location improves, then the answer to the legal question becomes more important, because if we postpone answering the question long enough, then technology will overrun any opportunity to establish a meaningful location privacy right. The technology will answer all relevant questions before the legislatures or courts can