Pretty much all of the current discussion I see around surveillance and the pandemic is framed like this: "to what extent can we balance new state surveillance with privacy", often citing post-9/11 spying powers as a cautionary example, and it's driving me a little bit bonkers.
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I have mixed feelings about it because a lot of data surveillance can be used for good, but we also have big concrete examples of it being used for bad. But as you point out we're all just winging it and mostly letting judges make it up as they go.
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