Site icon The Punching Bag Post

Supreme Court Rules Warrant Needed to Track Cell Phone Location Data

<p>Late last week&comma; the U&period;S&period; Supreme Court ruled that government officials have to obtain a warrant in order to track an individual&&num;8217&semi;s location data via cell phone records over an extended period of time&period;<&sol;p>&NewLine;<p>&&num;8220&semi;In the 5-4 ruling&comma; the court said police generally need a court-approved warrant to get access to the data&comma; setting a higher legal hurdle than previously existed under federal law&period; The court said obtaining such data without a warrant from wireless carriers&comma; as police routinely do&comma; amounts to an unreasonable search and seizure under the U&period;S&period; Constitution&&num;8217&semi;s Fourth Amendment&comma;&&num;8221&semi; writes <em>Newsmax&period;&nbsp&semi;<&sol;em><&sol;p>&NewLine;<p>In the case named Carpenter v&period; United States&comma; the court ruled in Timothy Carpenter&&num;8217&semi;s favor after he filed the suit after police connected him to several armed robberies at Radio Shack and T-Mobile stores in Ohio and Michigan&period; His location data was tracked by police for 127 days back in 2011&period;&nbsp&semi;<&sol;p>&NewLine;<p>Carpenter&&num;8217&semi;s lawyers argued that the police violated the Fourth Amendment because they needed &&num;8220&semi;probable cause&&num;8221&semi; to get Carpenter&&num;8217&semi;s digital records from third-party carriers&comma; therefore should have gotten a warrant&period;<&sol;p>&NewLine;<p>&ldquo&semi;We hold that an individual maintains a legitimate expectation of privacy in the record of his physical movements as captured through CSLI &lpar;cell-site location information&rpar;&comma;&rdquo&semi; wrote Chief Justice John Roberts in the court&&num;8217&semi;s ruling&period; &ldquo&semi;Although such &lpar;cell phone&rpar; records are generated for commercial purposes&comma; that distinction does not negate Carpenter&rsquo&semi;s anticipation of privacy in his physical location&period;&rdquo&semi;<&sol;p>&NewLine;<p>Roberts also pointed out that technology is both a blessing and a curse&comma; along with playing a &&num;8220&semi;pervasive and insistent part of daily life&period;&&num;8221&semi;<&sol;p>&NewLine;<p>&&num;8220&semi;Virtually any activity on the phone generates&comma; including incoming calls&comma; texts&comma; or e-mails and countless other data connections that a phone automatically makes when checking for news&comma; weather&comma; or social media updates&comma;&&num;8221&semi; said Roberts&period; &&num;8220&semi;Here the progress of science has afforded law enforcement a powerful new tool to carry out its important responsibilities&period; This tool risks Government encroachment of the sort the Framers after consulting the lessons of history&comma; drafted the Fourth Amendment to prevent&period;&&num;8221&semi;<&sol;p>&NewLine;<p>This is the latest case where the court has boost privacy rights in the digital realm&comma; but government officials can still get access to real-time location information&period;&nbsp&semi;<&sol;p>&NewLine;<p>This is still a step in the right direction and a victory for privacy advocates&period;&nbsp&semi;<&sol;p>&NewLine;<p>&&num;8220&semi;For 40 years&comma; the assumption has been that individuals have no expectation of privacy in any information we voluntarily share with third parties &&num;8212&semi; from phone records to bank statements to how and where we buy and sell goods&comma;&&num;8221&semi; said Steve Vladeck&comma; a <em>CNN<&sol;em> Supreme Court analyst&period; &&num;8220&semi;Even though today&&num;8217&semi;s ruling argues that cell-site location data is unique&comma; it&&num;8217&semi;s easy to see how it will open the door to countless other contexts in which privacy advocates and criminal defendants will argue for similar privacy protections &&num;8211&semi; and similar warrant requirements&period;&&num;8221&semi;<&sol;p>&NewLine;<p>ACLU attorney Nathan Freed Wessler&nbsp&semi; expressed similar sentiments and said the case was &&num;8220&semi;a groundbreaking victory for Americans&&num;8217&semi; privacy rights in the digital age&period;&&num;8221&semi;&nbsp&semi;<&sol;p>&NewLine;<p>&&num;8220&semi;The Supreme Court has given privacy law an update that it has badly needed for many years&comma; finally bringing it in line with the realities of modern life&comma;&&num;8221&semi; said Wessler&period;&nbsp&semi;<&sol;p>&NewLine;<p><strong>Author&&num;8217&semi;s note&colon;<&sol;strong> We still have a long way to go&comma; but this case will likely inspire more rulings that protect individual&&num;8217&semi;s privacy rights and personal data&period;&nbsp&semi;<&sol;p>&NewLine;<p><strong>Editor&&num;8217&semi;s note&colon;<&sol;strong> Our privacy rights are the key to all of the rights guaranteed under the Constitution&period; Are we ever going to reverse this trend&quest;<&sol;p>&NewLine;

Exit mobile version