Chatrie v. United States · ¶60

But as an initial matter, that argument ignores some pertinent facts about how and why Google users turn on Location History. As described earlier, Google prompts a user, and repeatedly, to turn on the service—when he sets up a Google account, when he sets up an Android phone, and when he sets up a Google app. See supra, at 3–4. The prompt often informs him that his device will not “work correctly” unless he does so. 2 App. 140–141. By contrast, it does not tell him quite what he is signing up for: “how frequently Google would record [his] location”; “how precise Location History can be”; or how Google might give all that minute-by-minute location information to the government. 590 F. Supp. 3d, at 936; 136 F. 4th, at 128 (Wynn, J., concurring in judgment). In those circumstances, it is hard to see how any user is, in the normal sense, “sharing” with third parties a comprehensive catalog…

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