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DOJ Needs Warrant To Track Your Cell's GPS History
MacRonin recommends a press release over at the EFF on their recent court victory affirming that cell phone location data is protected by the Fourth Amendment. Here is the decision (PDF). "In an unprecedented victory for cell phone privacy, a federal court has affirmed that cell phone location information stored by a mobile phone provider is protected by the Fourth Amendment and that the government must obtain a warrant based on probable cause before seizing such records. EFF has successfully argued before other courts that the government needs a warrant before it can track a cell phones location in real-time. However, this is the first known case where a court has found that the government must also obtain a warrant when obtaining stored records about a cell phones location from the mobile phone provider."
It scares me that this is considered an "unprecedented" victory. This looks like a clear-cut example of what the 4th amendment is meant to do. If the government wants access to private data they must have a warrant. Why is that so difficult to understand? It's one of the cornerstones of justice.
Today, it seems like the thinking is that the government can get access to anything they want, unless it is specially protected in some way. That is backwards.
but it's a regional decision only at this point and barely scratches the surface of the civil rights and privacy issues that plague American Citizens today. Smile but don't get happy yet.
since when did the DOJ actually use warrants to get what it wanted?
Now is a dark, dark hour in US history when a court upholds the Constitution and the words "unprecedented victory" are used in the coverage of the event.
Because if it's the company, the could still voluntarily give up the info without the need for a warrant.
AND apply for "retroactive immunity" - don't forget THAT part.
Seven puppies were harmed during the making of this post.
-5 overrated for you. The police don't need a warrant to ask for anything. Consent is always sufficient, no warrant required. A warrant is only required to compel disclosure.