Tag Archive | SCOTUS

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.

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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/.

Supreme Court GPS Tracking Case: Round-up and Resources

Updated February 20, 2012

UNITED STATES v. JONES
615 F. 3d 544, affirmed.

From Cornell University Legal Information Institute [HTML version has links to cited cases]:

From the Supreme Court and American Bar Association websites:

Legislation

In his written opinion, “Alito said the court and Congress should address how expectations of privacy affect whether warrants are required for remote surveillance using electronic methods that do not require the police to install equipment, such as GPS tracking of mobile telephones. Alito noted, for example, that more than 322 million cellphones have installed equipment that allows wireless carriers to track the phones’ locations (ABC News, Jan 23, 2012).” In his article linked below, Robert Gellman provides a nice overview of the complexities of the legislative process for updating privacy legislation after US v. Jones:

For a list of proposed location privacy legislation as of Fall 2011, visit the home page of Kevin Pomfret’s Centre for Spatial Law and Policy.

Law Review Articles and Essays

Case Summaries  and Commentaries (disclaimer: opinions and analyses are those of the original authors, not all may be accurate)

February 2012

January 2012

Older posts

Read More…

What Does the Supreme Court GPS Ruling Mean for Technology and Privacy?

By Jennifer Valentino-DeVries, Digits, Wall Street Journal, January 23, 2012

The Supreme Court ruled Monday that police violated the Fourth Amendment when they attached and used a GPS device to track a suspect’s vehicle without a warrant. … [But the Court’s decision] applies only to the placement and use of a GPS device that had to be attached to the suspect’s car. The justices said the device was an intrusion onto the suspect’s property, even if the car was being driven on public roads. The opinion doesn’t say anything about what would happen if the government were able to track the car through other electronic means, without ever touching the vehicle. …

For full text of the article, visit What Does the Supreme Court GPS Ruling Mean for Privacy? – Digits – WSJ.

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 Considers GPS Tracking Case Today

United States v. Jones

Docket No. Op. Below Argument Opinion Vote Author Term

10-1259 D.C. Cir. Nov 8, 2011

Issue: (1) Whether the warrantless use of a tracking device on respondent’s vehicle to monitor its movements on public streets violated the Fourth Amendment; and (2) whether the government violated respondent’s Fourth Amendment rights by installing the GPS tracking device on his vehicle without a valid warrant and without his consent.

Plain English Issue: Whether the Constitution allows police to put a tracking device on a car without either a warrant or the owner’s permission; and whether the Constitution is violated when police use the tracking device to keep track of the car’s whereabouts.

For links to SCOTUS coverage of this case, as well as other materials, visit United States v. Jones : SCOTUSblog.

Supreme Court Agrees to Hear Geolocation Privacy Case

Posted by Bret Cohen, Hogan Lovells Chronicle of Data Protection, July 5, 2011

Supreme Court Agrees to Hear Geolocation Privacy CaseThe Supreme Court on June 27 granted certiorari in a geolocation tracking case that could have implications for companies that incorporate location-tracking features into their products or that monitor the locations of their employees or assets. Specifically, the Court asked the parties to brief whether the government violated the defendant’s Fourth Amendment rights by installing a Global Positioning System GPS tracking device on his vehicle without his warrant and without his consent. …

For full analysis, visit Supreme Court Agrees to Hear Geolocation Privacy Case : HL Chronicle of Data Protection.

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