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Keep in mind that what "anyone" can do and what "anyone serving in an official government capacity" can do are different.


The case I cited specifically talked about government doing it.


For facial recognition or just plain photography? Obviously Katz predates the former.


Katz jut said "what a person knowingly exposes to the public" IIRC. We'd need a new SCOTUS case to clarify whether data derived from physical features that can be used to identify you still counts as such


Agreed.

> what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.

Identity might be, might not be.




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