Law360: “…“Do you give up a little liberty to get a little protection?” [per Dr. Anthony Fauci]…The answer seems to be yes in at least 23 countries, where dozens of “digital contact tracing” apps have already been downloaded more than 50 million times. Authorities in Australia, India, the United Kingdom and Italy are also deploying drones with video equipment and temperature sensors. According to experts like Fauci, such widespread public health surveillance is essential to containing the deadly coronavirus that’s killed more than 50,000 Americans and infected nearly three million people around the world. But the devil is in the details for groups like the American Civil Liberties Union and Amnesty International. For example, in an April 8 report, the ACLU said engineers and tech experts agree that cellphone location data cannot accurately identify contacts within six feet, the generally accepted radius of COVID-19 transmission. The group noted, however, that such data could be accurate enough to place a person near a “bank, bar, mosque, clinic or other privacy-sensitive location.”

• “Location data contains an enormously invasive and personal set of information about each of us, with the potential to reveal such things as people’s social, sexual, religious and political associations,” the ACLU report states. “The potential for invasions of privacy, abuse and stigmatization is enormous.”..But considering the rash of constitutional litigation already filed by churches and other groups over social distancing orders, legal experts say it’s only a matter of time before public health surveillance is tested in court. There will be judicial review, but the response will depend on the nature of the surveillance “I think, definitely, there will be cases,” said Eric Posner, a law professor at the University of Chicago. “There will be judicial review, but the response will depend on the nature of the surveillance.”..