by Jess Kamen, Politico Morning Tech, Oct 2, 2012
Courts and legislatures around the country are struggling with where to draw the line on government access to your electronic data. A federal appeals court in New Orleans [recently heard] oral arguments in a case involving the government’s ability to review location data from cellphone companies. To obtain the information, lower courts have ruled that the government needs a search warrant supported by probable cause. The government argues that the information is cellphone company business records, and cellphone users have given up some degree of privacy when they give up their location information.
California Gov. Jerry Brown vetoed a bill that would have required law enforcement to get a search warrant before obtaining any location information from any device. ‘It may be that legislative action is needed to keep the law current in our rapidly evolving electronic age,’ said the governor in his veto message, adding he was not ‘convinced’ the bill struck the right balance between the needs of law enforcement and individual privacy. http://tinyurl.com/8kx9s4x
- Gov. Brown vetoes requiring a warrant for cellphone location info (latimesblogs.latimes.com)
- Governor Brown Vetoes California Electronic Privacy Protection. Again. (eff.org)
- California Governor Vetoes Landmark Location-Privacy Law (wired.com)
- Cell phone location data not private, Feds argue (computerworld.co.nz)
By Bill Mears, CNN Supreme Court Producer, September, 2011
Washington (CNN) — Information about how and when the government gathers and uses cell phone location data to track certain criminal suspects should be made available to the public, a federal appeals court ruled Tuesday. At issue was whether the Justice Department could be forced to release once-sensitive records from past cases, following a lawsuit by the American Civil Liberties Union. A three-judge panel of the U.S. Court of Appeals for the District of Columbia said the public’s interest outweighed any privacy concerns raised by the government over their warrantless wiretapping.
For full text of article, visit: Court: Some data on government cell phone tracking should be public – CNN.com.
- Court: Make some phone tracking data public (cnn.com)
- FOIA Victory Will Shed More Light on Warrantless Tracking of Cell Phones (eff.org)
- Silicon Alley Insider: The Government Just Admitted For The First Time It Is Using Cell Phone Data To Track Your Location (businessinsider.com)
- Government Must Reveal Cellphone Tracking, Court Rules (techdailydose.nationaljournal.com)
Obama Administration Wants to Take Warrant Requirement for GPS Use to Supreme Court – All Points Blog
By Adena Schutzberg, Directions Magazine, April 18, 2011
On Friday Apr 15 the administration asked the Supreme Court to take a case to determine whether the police need a warrant before using a GPS device to track a suspect’s movements. A recent appeal by a lower court reversed a conviction because the police did not obtain a warrant. That case was in Washington, but other federal appeals court have ruled warrants are not required.
- “Obama Asks Supreme Court to Validate Warrantless GPS Tracking” and related posts (talkleft.com)
- Gov’t asks high court to take GPS tracking case (seattletimes.nwsource.com)
- Should the Feds Have to Get a Warrant to Track Someone With GPS? (blogs.wsj.com)
- DOJ Pitches GPS Surveillance Case to Supreme Court (legaltimes.typepad.com)
- DOJ Weighs Supreme Court Challenge in GPS Surveillance Dispute (legaltimes.typepad.com)