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Experts Say Wiretap Law Needs Digital Era Update

Posted by Soulskill on from the only-a-couple-of-decades-late dept.

GovTechGuy writes "Experts at a Congressional hearing Thursday said the government needs to update the Electronic Communications Privacy Act to reflect changes in technology, notably location-based services. On one hand, legal experts argue tracking a mobile user's location should require a higher burden of proof than simply intercepting their communications. On the other hand, first responders may need location data in order to save lives and respond to 911 calls. Either way, expect legislation from the committee later this year."

8 of 54 comments (clear)

  1. This law is only as useful as it is enforced by CyprusBlue113 · · Score: 4, Informative

    And the previous track record of stopping illegal wire tapping is abysmal...

    --
    a handful of selfish greedy people are no match for millions of selfish, greedy people -u4ya
  2. Just require immediate disclosure by Anonymous Coward · · Score: 4, Interesting

    Require any tracking of location to be disclosed to the target immediately. This is easy for the firetruck or EMS to handle because they've got the coordinates and they're responding immediately.

    1. Re:Just require immediate disclosure by jimbolauski · · Score: 3, Funny

      Just change the sound to have it make a shot gun ratcheting noise.

      --
      Knowledge = Power
      P= W/t
      t=Money
      Money = Work/Knowledge so the less you know the more you make
  3. Should be able to deny E911 location by Anonymous Coward · · Score: 3, Insightful

    On all cell phones it says allow others to use location service or emergency only. No way to ever turn off the locator. Then they would be required to get a warrant to go get the cell phone tower data. So at that point they would definitely need some burden of proof to get that information, most of the time.

    1. Re:Should be able to deny E911 location by Anonymous Coward · · Score: 3, Interesting

      Here's an idea: Emergency services can look at the data any time they want, BUT if they look at it without a warrant, it becomes forever fruit of the poison tree. Completely inadmissible in court. AND, anything they get from what they find from that line of evidence is also poisoned.

      Ambulances and fire rescue and such wouldn't care, and thus have no hinderance. Police, on the other hand, would have to be very careful and get a warrant, lest they completely screw their investigation.

  4. Re:Expiration by 0100010001010011 · · Score: 3, Insightful

    ALL laws should have an expiration date. If something still makes sense in 5/10/15/20 years, it will get repassed.

    My town still has crap like "You can't walk through any city property with a watermellon and fishing pole" from the 1800s.

  5. Re:how did we manage by weicco · · Score: 3, Insightful

    "Needs digital era update" equals "We need law that enables us to track every citizen when ever we feel like it". It's a synonum to "would someone please think about the children" card. And believe me, there's plenty of people who welcome these laws with open arms because "I got nothing to hide. You obviously do, which tells that we need this law". I've seen this many times in our local Finnish news sites.

    --
    You don't know what you don't know.
  6. Wiretap updates by Wowsers · · Score: 5, Insightful

    A message to all the people in the US.

    Dear Citizen,

    We don't care about the courts or the Constitution with respect to your rights and privacy, and we will carry on doing what we like in secret.

    Yours Sincerely,
    Past / Present / Future President of the USA

    --
    Take Nobody's Word For It.