ColoursofOSINT

No way to know the data being collected, or opt out.

You say essentially state that my information is not a “proper counter-argument.”, while in the same response argue that I am wrong because this is “this is common sense”, rather than any real response.

The court recognized there was a fence for privacy, but that is was applicable to certain situations, for example, the purpose of the recording. So it would be fine to record someone if they were in the background of your picture, but not if was for sexual purposes. Hence the numerous criteria to be considered. So its very much about making fences fuzzy, since they only apply to certain types of filming, the purpose, personal attributes....etc.

Thermal imaging and its effects on the fourth are not common sense. Thermal imaging was initially ruled to be fine, then appealed, ruled fine, then it ruled to not be fine, but only with a 5 - 4 ruling. With the dissenting opinion including “Heat waves, like aromas that are generated in a kitchen, or in a laboratory or opium den, enter the public domain if and when they leave a building.”

All you would have to do is read the Wikipedia article I gave to see that “Scalia's phrases "sense-enhancing technology" and "device that is not in general public use" in the Kyllo ruling have become influential in later rulings on police search procedures, but in an inconsistent fashion.[22] Several scholars and legal analysts noted the ambiguity in Scalia's use of those phrases.

To use your example, a police officer could “reach over” and see the illegal activity with his own eyes through a hole in your fence and that is legal. However, they could not use binoculars to get over your fence from a public area.

I would disagree. Courts decide on the sliding scale. I am no lawyer, but in Canada and the USA you have a "A Reasonable Expectation of Privacy" [1].

For example, see thermal imaging use by police[2].

Oh well.