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4th amendment applies to smart meter data


bernorange

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At my computer now - can post a snippet:

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The Seventh Circuit just handed down a landmark opinion, ruling 3-0 that the Fourth Amendment protects energy-consumption data collected by smart meters. Smart meters collect energy usage data at high frequenciestypically every 5, 15, or 30 minutesand therefore know exactly how much electricity is being used, and when, in any given household. The court recognized that data from these devices reveals intimate details about what’s going on inside the home that would otherwise be unavailable to the government without a physical search. The court held that residents have a reasonable expectation of privacy in this data and that the government’s access of it constitutes a “search.”

This case, Naperville Smart Meter Awareness v. City of Naperville, is the first case addressing whether the Fourth Amendment protects smart meter data. Courts have in the past held that the Fourth Amendment does not protect monthly energy usage readings from traditional, analog energy meters, the predecessors to smart meters. The lower court in this case applied that precedent to conclude that smart meter data, too, was unprotected as a matter of law. On appeal, EFF and Privacy International filed an amicus brief urging the Seventh Circuit to reconsider this dangerous ruling. And in its decision, released last week, the Seventh Circuit wisely recognized that smart meters and analog meters are different

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I wonder if this might impact the issue of meta data on tracking cell phone locations/use and other corporate collected data that potentially infringes on citizen privacy.

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9 minutes ago, bernorange said:

At my computer now - can post a snippet:

I wonder if this might impact the issue of meta data on tracking cell phone locations/use and other corporate collected data that potentially infringes on citizen privacy.

it must right?  

i have done some work in the smart meter and utility space. the idea is two fold really (on collecting data)

1) anonymized data (this helps the utility better optimize the grid)

2) specific household data for better customer service - retailers offering new services (lots of this blowing up in dereg'ed parts of Texas for example)

I would assume its really for 2, but not sure on 1? the ruling that is?

will look more into this here later today

Edited by staboner
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"Naperville could have avoided this controversy—and may still avoid future uncertainty—by giving its residents a genuine opportunity to consent to the installation of smart meters, as many other utilities have."

this has for the most part been the workaround here for some time. 

utilities will probably try to make it harder to have a manually read meter (it will cost them more in some ways) and then they will eventually get sued again, i guess if not 'genuine' enough

the correct solution is pole top transforming monitoring and automation from there to the substation. 4 homes / pole top transformer. can argue privacy is a wash then. 

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3 minutes ago, Fudge Nuggets said:

How many different services can your electric company offer?  Either your power is on or off, right?

depends on the type of utility company and the regulation they are operating under

for example home repair services - like fixing your AC. data from your smart meter can actually help understood who needs work. the utility has a partnership with an AC repair company? the utility sells your smart meter data to an AC company? the utility is a home concierge service company? a few ways it is and can manifest. smart meter data is the key, along with much better data analytics

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1 hour ago, staboner said:

depends on the type of utility company and the regulation they are operating under

for example home repair services - like fixing your AC. data from your smart meter can actually help understood who needs work. the utility has a partnership with an AC repair company? the utility sells your smart meter data to an AC company? the utility is a home concierge service company? a few ways it is and can manifest. smart meter data is the key, along with much better data analytics

Usually I can figure out my AC needs work when it’s hotter than hell in my house.

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On 8/25/2018 at 11:24 AM, Horn Under a Bad Sign said:

How would this impact a marijuana-growing operation?  Asking for a friend. 

Rotate the hours on each grow room so the usage looks uniform. (or so I've been told)

Edited by RPM
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