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Yeah, I could see this turning into a nightmare scenario where you waive privacy rights and carry a tracking device everywhere so they know you have an alibi. Sort of like how car insurance companies offer those plug in things to monitor your driving habits to lower your premium.

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Has this already occurred? Has anyone been able to use their phone's location history for their alibi? The data exists. Isn't this what subpoenas are for?

I used my Google Location History as part of an alibi with the police (it never made it to the courts). My guess as to why that was successful despite the obvious flaws was:

1. The crime occurred in another city about 3 hours way, so poor granularity or precision really didn't come into play.

2. The crime itself was a hit and run on a road worker. Not something you'd generally believe to be premeditated where I'd have thought to have a friend haul my phone around town to provide an alibi.

It's not the best alibi since your phone isn't physically attached to your body. Someone intending to commit a crime can easily drop their phone somewhere else to conceal their true location.

That's quite a complex plan, especially if the phone in question is making http requests and taking calls.

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