By Tony Romm, October 19, 2011, Politico.com TONY ROMM
… And as the Electronic Communications Privacy Act turns 25 this week, members of Congress are hearing it is time to revisit a law that never anticipated the day consumers would use Gmail, Facebook, Twitter, the iPhone and other tech staples of the digital age. Lawmakers have updated the statute over the years, but disagreements linger in 2011 over how best to revise it again. In addition, the Department of Justice has actively avoided changes to the ECPA that might curtail its broad powers — maligned by privacy hawks and civil libertarians alike — to investigate crimes involving digital evidence. At the same time, federal courts are weighing cases that threaten the DoJ’s use of the law. …
For full text of this nice overview article, visit Digital data privacy rules turn 25 – Tony Romm – POLITICO.com.
- Digital data privacy rules turn 25 (politico.com)
- Op-ed: The shocking strangeness of our 25-year-old digital privacy law (arstechnica.com)
- Lawmakers push to limit government mobile tracking (macworld.com)
- Aging ‘Privacy’ Law Leaves Cloud E-Mail Open to Cops (wired.com)
- Leahy Pledges Action On ECPA By End Of Year (techdailydose.nationaljournal.com)
- US Lawmakers Push to Limit Gov’t Mobile Tracking (pcworld.com)
- ECPA Anniversary Week Brings Calls for Change (eff.org)
- Google, Facebook renew push to update 1986 privacy law (news.cnet.com)
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)
The Senate Committee on the Judiciary, Subcommittee on Privacy, Technology and the Law, has scheduled a hearing entitled “Protecting Mobile Privacy: Your Smartphones, Tablets, Cell Phones and Your Privacy” :
Tuesday, May 10, 2011
Dirksen Senate Office Building, Room 226
Bureau of Consumer Protection
Federal Trade Commission
Deputy Assistant Attorney General
U.S. Department of Justice
Director, Project on Consumer Privacy
Center for Democracy and Technology
Director of Public Policy, Americas
Independent Researcher and Consultant
Guy L. “Bud” Tribble
Vice President of Software Technology
Association for Competitive Technology
- BREAKING: AT&T, T-Mobile, Sprint CEOs Set to Testify (techdailydose.nationaljournal.com)
- Apple, Google summoned to Senate hearing on mobile device privacy (arstechnica.com)
- Apple, Google Summoned to Senate Hearing On Mobile Device Privacy (wired.com)
- Senate Judiciary names Franken head of new privacy, tech subcommittee (geodatapolicy.wordpress.com)
…The Michigan State Police have a high-tech mobile forensics device that can be used to extract information from cell phones belonging to motorists stopped for minor traffic violations. The American Civil Liberties Union (ACLU) of Michigan…learned that the police had acquired the cell phone scanning devices and in August 2008 filed an official request for records on the program, including logs of how the devices were used. The state police responded by saying they would provide the information only in return for a payment of $544,680. … A US Department of Justice test of the CelleBrite UFED used by Michigan police found the device could grab all of the photos and video off of an iPhone within one-and-a-half minutes. The device works with 3000 different phone models and can even defeat password protections.
For full text of the article, visit The Newspaper.com, posted April 19, 2011, at Michigan: Police Search Cell Phones During Traffic Stops.
- Michigan State Police responds to ACLU’s data extraction claims (thetechherald.com)
- Michigan Police and ACLU in flap over cell phone downloads (Reuters)
Government’s Use of Tracking Technology: More Than A Constitutional Issue?
Kevin Pomfret, Spatial Law and Policy Blog, Friday, March 4, 2011
I have written in the past about a series of recent court cases in the United States involving the Fourth Amendment and a reasonable expectation of privacy from a location standpoint. … From a legal standpoint these cases raise some very difficult and important issues regarding both the Fourth Amendment and the clearly outdated Electronic Communications Privacy Act (ECPA). I will not go into the details of either here, other than to say that courts are split in both types of cases as to whether a warrant is required before location data is collected or obtained. However, as equal importance as the legal analysis is that the public position of the Obama administration – through the Department of Justice – in each federal case appears to have been that a warrant is not required. …
For full text of the article, visit Spatial Law and Policy: Government’s Use of Tracking Technology: More Than A Constitutional Issue?.
Senator proposes mobile-privacy legislation
by Declan McCullagh, Privacy Inc, January 26, 2011
Federal law needs to be updated to halt the common police practice of tracking the whereabouts of Americans’ mobile devices without a search warrant, a Democratic senator said today. Ron Wyden, an Oregon Democrat, said it was time for Congress to put an end to this privacy-intrusive practice, which the Obama Justice Department has sought to defend in court. Sen. Wyden (right) tells Cato Institute audience that tracking cell phones is as privacy-invasive as searching someone’s home. …
For full text of article via Senator proposes mobile-privacy legislation | Privacy Inc. – CNET News.
- Senator Wyden and mobile privacy (bigbrotherwatch.org.uk)
- Sen. Ron Wyden: Protecting mobile privacy (Q&A) (news.cnet.com)
- Senator proposes mobile-privacy legislation (news.cnet.com)
- Commerce Dept. suggests new privacy regulations (news.cnet.com)
- Location-Tracking Technology and Privacy (geodatapolicy.wordpress.com)
- Senator Wyden Proposing Legislation Requiring Warrants For Law Enforcement To Get Device Location Info (techdirt.com)