Tag Archive | GPS Tracking

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.

 

California Governor Vetoes Landmark Location-Privacy Law

by David Kravets, Threat Level, Wired, October 2, 2012

California Gov. Jerry Brown has vetoed legislation that would have required the state’s authorities to get a probable-cause warrant signed by a judge to obtain location information from electronic devices such as tablets, mobile phones and laptops. The measure passed the state Senate in May and the Assembly approved the plan in August. … Brown, a Democrat, last year vetoed a measure requiring police officers to obtain a warrant before searching someone’s cellphone after arresting them. That leaves California police officers free to search through the mobile phones of persons arrested for any crime. …

For full text of the article, visit California Governor Vetoes Landmark Location-Privacy Law | Threat Level | Wired.com.

Obama admin wants warrantless access to cell phone location data

By Timothy B. Lee, Ars Technica, March 7, 2012

A Maryland court last week ruled that the government does not need a warrant to force a cell phone provider to disclose more than six months of data on the movements of one of its customers. … Judge Richard D. Bennett ruled that a warrant is not required to obtain cell-site location records (CSLR) from a wireless carrier. … The Obama administration laid out its position in a legal brief last month, arguing that customers have “no privacy interest” in CSLR held by a network provider. Under a legal principle known as the “third-party doctrine,” information voluntarily disclosed to a third party ceases to enjoy Fourth Amendment protection. …

For full text of this article, visit Obama admin wants warrantless access to cell phone location data.

Limits on the Private Sector after US v Jones

Three great articles by Robert Gellman on location privacy, on First Amendment & Fourth Amendment issues in the US Supreme Court’s GPS Tracking case (US v. Jones), and on the complexities of legislating privacy after US v Jonesin the Communia Blog of the Woodrow Wilson Center‘s Commons Lab.

Robert Gellman, JD is a privacy and information policy consultant in Washington, D.C. He served for 17 years on the staff of a subcommittee in the House of Representatives. He can be reached at bob [at] bobgellman. [dot] com or visit his website at http://www.bobgellman.com/.

Kevin Pomfret’s Top 10 Spatial Law and Policy Stories of 2011

Spatial Law and Policy: Top 10 Stories of 2011

by Kevin Pomfret, Spatial Law and Policy Blob, December 27, 2011

  • U.S. Supreme Court to address law enforcement’s use of tracking devices.
  • Impact of budget cuts becoming more pronounced
  • Privacy issues regarding geolocation becomes international story
  • Increased efforts to regulate Internet
  • Commercial use of drones becoming a reality
  • Lightsquared/GPS dispute
  • India revises its Remote Sensing Data Policy
  • Indonesia passes Geospatial Information Act
  • Big Data

For full text of Kevin’s article with a great discussion on each topic and useful links, visit Spatial Law and Policy: Spatial Law and Policy: Top 10 Stories of 2011.

Transcript of Supreme Court GPS Tracking Case Made Available

For the transcript of oral arguments for the U.S. Supreme Court Case United States v. Antoine Jones (No. 10-1259), November 8, 2011, click here.

Supreme Court Sees Shades of 1984 in Unchecked GPS Tracking

USSCB justices full2005

Image via Wikipedia

by David Kravets, Wired, November 8, 2011

WASHINGTON — A number of Supreme Court justices invoked the specter of Big Brother while hearing arguments Tuesday over whether the police may secretly attach GPS devices on Americans’ cars without getting a probable-cause warrant.While many justices said the concept was unsettling, the high court gave no clear indication on how it will rule in what is arguably one of the biggest Fourth Amendment cases in the computer age. … Justice Stephen Breyer told Deputy Solicitor General Michael Dreeben that, “If you win this case, there is nothing to prevent the police or government from monitoring 24 hours a day every citizen of the United States.” …

For full text of the article, visit Wired.com.

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