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"Warrants provide at least some procedural barrier to data collection by police. If government agencies want to avoid that minor hassle, they can simply buy the data instead. By contracting with data-location services, several federal agencies have already done so.

The logic for this Fourth Amendment loophole is straightforward: You gave your data to a third-party company, and the company can use it as it wishes. If you own a car that is smart enough to collect driving analytics, you clicked some agreement saying the car company could use the data—study it, analyze it, and, if it wants, sell it."