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Police Can Obtain Cellphone Location Records Without a Warrant

Posted by Soulskill on from the your-data-is-our-data dept.

mi writes: A new ruling from the 11th Circuit Court of Appeals found by a margin of 9-2 that law enforcement does not need to get a warrant to grab your cell phone's location records. The justices ruled that there is no expectation of privacy for your location when you're using a cell phone. This decision (PDF) was based on a case in which a man was convicted of robbery after months of location data was given to authorities by his cell phone carrier, MetroPCS. Police got the information using a court order, rather than a warrant, because there were less stringent requirements involved. One of the judges wrote: "We find no reason to conclude that cellphone users lack facts about the functions of cell towers or about telephone providers' recording cell tower usage."

3 of 216 comments (clear)

  1. This seems batshit crazy. by ArylAkamov · · Score: 5, Insightful

    No expectation of privacy when using a cellphone?

    This worries me. How long before no expectation of privacy when using the internet?

    When using a car? (GPS in modern cars)

    When do we have an expectation of privacy anymore?

    1. Re:This seems batshit crazy. by TWX · · Score: 4, Insightful

      But I am not broadcasting my location to third parties, I am communicating with one party in particular, the cellular carrier to which I have a business arrangement over a very short wave, using encrypted means of communication.

      If I had a ham radio connected to a GPS receiver that'd be a different matter, but as a cell user I'm not broadcasting for all to hear. There are laws about that actually, there are bits of analog spectrum that it's still illegal to listen to because at one time telephone conversations happened on those frequencies in clear analog.

      --
      Do not look into laser with remaining eye.
  2. Re:Every cell phone is a lo-jack... by fche · · Score: 4, Insightful

    "Your phone carrier MUST know"

    Yes, but that's not the same as saying the _police_ should know.