“It’s worth stepping back to think through the logic embraced by Los Angeles, the LAPD, a district court, a Ninth Circuit dissent, and now, four dissenting Supreme Court justices. All seem comfortable with something that wasn’t addressed directly: the notion that hotel and motel guests have no right to privacy in information that they voluntarily turn over to third parties, per Smith v. Maryland. The third-party information precedent is problematic on its own. But it is devastating to privacy when paired with laws that compel businesses to collect detailed information on customers and to turn it over to police without warrants, destroying the ability to enter voluntary transactions that include discretion.”
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