Featured Stories World News Commentary Money Watch Multimedia Prison Planet U.S. News Science And Technology

Judge says warrant required for cell phone location data

  • Print The Alex Jones Channel Alex Jones Show podcast Prison Planet TV Infowars.com Twitter Alex Jones' Facebook Infowars store

Timothy B. Lee
arstechnica.com
Aug 24, 2011

In recent years, the courts have struggled to decide whether the government needs a warrant to access historical records about a cell phone user’s location. Some courts have found that when users turn on their cell phones, they “voluntarily” transmit their location to their cell phone providers and thereby waive any expectation of privacy.

On Monday, Judge Nicholas Garaufis of the Eastern District of New York soundly rejected this line of reasoning. The federal government had asked the courts to order Verizon Wireless to turn over 113 days of location data about a suspect’s cell phone. It did so under a provision of the Stored Communications Act that only requires law enforcement to show that the records are “relevant and material to an ongoing criminal investigation.”

Does the government violate the Constitution when it obtains location data without meeting the Fourth Amendment’s “probable cause” standard? Some courts have found that it does not. But in a 22-page opinion, Judge Garaufis analyzed and rejected these other courts’ arguments, holding that law enforcement needs a warrant to obtain months of location data.

“The fiction that the vast majority of the American population consents to warrantless government access to the records of a significant share of their movements by ‘choosing’ to carry a cell phone must be rejected,” he wrote. “In light of drastic developments in technology, the Fourth Amendment doctrine must evolve to preserve cell-phone user’s reasonable expectation of privacy in cumulative cell-site-location records.”

Full article here

Judge says warrant required for cell phone location data  150709banner2

 

This article was posted: Wednesday, August 24, 2011 at 3:14 am





Infowars.com Videos:

Comment on this article

Comments are closed.

Watch the News

FEATURED VIDEOS
Mystery Surrounds Weird 'Tree' Cellphone Tower in NC See the rest on the Alex Jones YouTube channel.

Obama Invades Africa Under Ebola Smoke Screen See the rest on the Alex Jones YouTube channel.

© 2013 PrisonPlanet.com is a Free Speech Systems, LLC company. All rights reserved. Digital Millennium Copyright Act Notice.