Tag Archive | Fourth Amendment

Chaffetz: ‘Every confidence’ on GPS Act

By Alex Byers, Politico’s Morning Tech, April 12, 2013

CHAFFETZ: ‘EVERY CONFIDENCE’ THAT GPS ACT WILL CLEAR COMMITTEE – Rep. Jason Chaffetz is plenty positive when it comes to whether his bill – which would require law enforcement to score a warrant before obtaining the location of your cellphone – will pass the House Judiciary panel. “…”The last thing the major carriers or hardware companies want to do is have people become afraid of their phones or other mobile devices,” he said. Chaffetz said he didn’t have an exact timeline on next steps, although your MT-er has heard rumblings for a while about a location privacy hearing later this month. Chaffetz added that he’d prefer tackling the issue as a standalone item, instead of conflating the issue with email privacy reform – the opposite of what’s been suggested by Rep. Jim Sensenbrenner, chairman of the Judiciary subcommittee that will likely have jurisdiction and a co-sponsor of the GPS Act.

Texas proposes one of nation’s “most sweeping” mobile privacy laws

by Cyrus Farivar, Ars Technica, March 6, 2013

Privacy experts say that a pair of new mobile privacy bills recently introduced in Texas are among the “most sweeping” ever seen. And they say the proposed legislation offers better protection than a related privacy bill introduced this week in Congress.If passed, the new bills would establish a well-defined, probable-cause-driven warrant requirement for all location information. That’s not just data from GPS, but potentially pen register, tap and trace, and tower location data as well. Such data would be disclosed to law enforcement “if there is probable cause to believe the records disclosing location information will provide evidence in a criminal investigation.”

For full text of the article, please visit Texas proposes one of nation’s “most sweeping” mobile privacy laws | Ars Technica.

 

Lawmakers Target Drones With “Preserving American Privacy Act Of 2013″

by Kit Eaton, Fast Company, Feb 18, 2013

New draft legislation in the House of Representatives is attempting to restrict the private use of drones, making it a misdemeanor to use a UAV to photograph a person or their property without their explicit permission. Public space use would be equally limited, according to the “Preserving American Privacy Act of 2013″ (PDF), requiring a max altitude of just six feet. Law enforcement bodies would have to obtain a warrant or court order to be able collect information on individuals in a private area. …

For full text of the article, visit Lawmakers Target Drones With “Preserving American Privacy Act Of 2013″ | Fast Company.

 

VA Becomes First State to Pass Drone Regulations

by Jason Koebler, US News & World Report, Feb 5, 2012

The Virginia General Assembly passed a bill Tuesday that will put a two-year moratorium on the use of drones by state and local law enforcement. If signed by Gov. Bob McDonnell, Virginia will become the first state in the U.S. to enact drone regulations. Virginia House Bill 2012 easily passed Monday by a vote of 83-16 and its companion, Senate Bill 1331, passed Tuesday by a vote of 36-2.

For full text of the article, visit Virginia Becomes First State to Pass Drone Regulations – US News and World Report.

As drones get really tiny, new rules proposed for Seattle

by Jake Ellison, SeattlePI.com, February 4, 2012

Weighing in at 16 grams and capable of performing in “harsh environments and windy conditions” a tiny drone unveiled by the British government today shows just how quickly drone technology and use is developing.“The Black Hornet is equipped with a tiny camera which gives troops reliable full-motion video and still images. Soldiers are using it to peer around corners or over walls and other obstacles to identify any hidden dangers and the images are displayed on a handheld terminal,” the British government wrote. And as the Seattle Police Department, like many others in the nation, becomes eager to use drones as part of their police work, Seattle Councilman Bruce Harrell jumped into the fray this afternoon with proposed legislation to rein in drone use.

For full text and copy of the proposed rules visit Drones get really tiny; new rules proposed for Seattle – seattlepi.com.

 

Drone Programs Sparks Budgetary and Privacy Concerns

By Steve Aftergood, Secrecy News, January 31, 2013

The development of unmanned aerial systems (or drones) for military and civilian applications appears to be accelerating faster than the normal policy process can adapt to it.  Aside from festering doubts about the legality, propriety and wisdom of their routine use in targeted killing operations, drone programs are beset by budgetary confusion, and a host of privacy and other legal problems are poised to emerge with the expanded use of drones in domestic airspace. … Meanwhile, “Perhaps the most contentious issue concerning the introduction of drones into U.S. airspace is the threat that this technology will be used to spy on American citizens,” said a new report from the Congressional Research Service.

For full text of the article visit Secrecy News here.

A copy of the CRS report was obtained by Secrecy News.  See Integration of Drones into Domestic Airspace: Selected Legal Issues, January 30, 2013.

See also Unmanned Aircraft Systems (UAS): Manufacturing Trends, January 30, 2013.

Additional resources on drone policy issues are available from the Electronic Privacy Information Center here.

Warrentless Cell Phone Searches and Location Privacy

Courts Divided Over Searches of Cellphones

by Smni Sengupta, NYR, November 25, 2012

Judges and lawmakers across the country are wrangling over whether and when law enforcement authorities can peer into suspects’ cellphones, and the cornucopia of evidence they provide. …“The courts are all over the place,” said Hanni Fakhoury, a criminal lawyer with the Electronic Frontier Foundation, a San Francisco-based civil liberties group. “They can’t even agree if there’s a reasonable expectation of privacy in text messages that would trigger Fourth Amendment protection.”

For full text of the article, visit Legality of Warrantless Cellphone Searches Goes to Courts and Legislatures – NYTimes.com.

 

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