Comment Re:So Flock too? (Score 2) 56
It's ok to track your license plate, because you are required to display a license plate for tracking.
The legal justification is that the public roadways were financed by public money (taxes) and maintained by governments (local, state, or federal). So, in effect, some government owns the roadway and can set rules for who can use it, which includes requiring identification tags. (And fees for those tags.)
If you operate a vehicle only on private property, it doesn't need a license plate, and you don't need a license to drive it.
The public vs private distinction is used, yes, but it is no way, shape or form allows the government to "set rules" that infringe on your Constitutional rights. Can police officers strip search you in the street without cause? Can cameras x-ray into your car? Can they place tracking devices on your car? Fingerprint the tires? Use facial recognition on you without your consent or knowledge or any suspicion of a crime? There are endless ways to invade someone's privacy in public, it's not a free-for-all for the government. And that includes even passing laws that are later deemed unconstitutional themselves.
I understand there is gray area, and I'm not in any way against regulating pubic roads and requiring driver's license, speed limits, etc, but the "you are in public, you aren't entitled to X privacy" argument isn't valid on its own.
License plates are maybe interesting if you want to argue they themselves are public property that just happen to be "along for the ride" or something like that, but no reasonable judge should deny that it's a mere proxy for tracking YOU without cause.