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The contact tracing protocol for that app was developed in cooperation with Apple with encryption and privacy as top concern. Calling it spyware and a 4th amendment search doesn't make sense, the state can't centrally track people's location using this app

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I think you might have a misunderstanding of what is under discussion - to quote from the filed complaint

"To increase adoption, starting on June 15, 2021, DPH worked with Google to secretly install the Contact Tracing App onto over one million Android mobile devices located in Massachusetts without the device owners’ knowledge or permission" which is very different from installing an app!

I believe the protocol was specifically designed to prohibit identifying individuals, but then someone found a flaw in it.

Don't remember what happened then, I guess Google+apple updated the protocol or killed the app.

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